We are registered and incorporated in England and Wales.Registered No : 7043558.
Smart Accident Claims Ltd is a claims management company regulated by the Financial Conduct Authority.
It’s registration is recorded on the website : register.fca.org.uk
T&C of contract
Summary of Pre-contract information and advice;
Smart Accident claims Ltd operate in the claims management sector, specialising in assisting UK consumers to reclaim compensation for personal injury.
We aim to act upon your instructions and bring the matter to a satisfactory conclusion within as short a time as possible. prior to accepting your instructions we will assess and review the merits of the claim and the chances of successes. During the course of your matter, we will review the progress of the matter on a regular basis, keep you informed of progress, notify you of any changes in circumstances that might have an impact on your matter, advise you from time to time, as necessary, whether the likely outcome of your case will justify the likely charges and expenses and risk involved. We will also provide you with periodic updates as the costs involved in conducting your matter and bring to your attention any necessary expenses.
In return, we would ask that you provide us with clear, timely and accurate instructions, respond promptly to our requests for documents, information or instructions and safeguard any documents which are needed for your matter.
You must also give us instructions that allow us to do our work properly, not ask us to work in an improper or unreasonable way, not deliberately mislead us, co-operate with us, and go to any medical or expert examination or court hearing.
Our basic charges are based on a set 25% of gross damages recovered on your behalf, also known as a success fee. We have agreed to conduct your case on a damages based agreement (DBA). We refer you to the contents of that agreement, a copy of is available on request.
1. Illustration of fees :
a. For an award of £1000 for general damages, the company will be due £250
b. For an award of £3000, for general damages the company will be due £750
c. For an award of £10,000, for general damages the company will be due £2,500.
The illustrations are not to be taken as an estimate of the amount of damages likely to be awarded
The client may have the right to cancel this agreement pursuant to the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (SI 1816/2008). The client will not be liable for any fee's or costs' should the agreement be cancelled within 14 days.
Should the client terminate this agreement after 14 days or breach the terms of contract then the company reserves the right to request all expenses and disbursements incurred. Details of how to terminate this agreement can be found in the Pre-Contract Information -Detailed sheet , which is available upon request or can be inspected in our office.
Customers can represent themselves and make a direct claim for compensation for their injuries via the Official Injury Claim Homepage at www.officialinjuryclaim.org.uk without the need to use the services of a firm which carries on regulated claims management activity to pursue their claim.
Customers instructing Smart Accident Claims Ltd would need to agree to the following statement;
I have instructed Smart Accident Claims Ltd to deal with and represent my claim on my own free will.
I acknowledge my rights to cancel my instructions to Smart Accident Claims Ltd to act in respect of my claim within 14 days for any reasons and that I can do this in writing without incurring any costs to me. I am also aware of my right to cancel after this cooling off period has expired but I may then be liable to pay reasonable costs incurred by Smart Accident Claims Ltd.
I understand that once the solicitor firm instructed by Smart Accident Claims Ltd accepts instructions to represent me, they are fully independent and will act in my best interests. I am also aware of my right to instruct a solicitor of my own choice
I fully understand and accept that in course of running my claim it will be necessary for Smart accident claims Ltd to obtain information including medical reports, witness statements, engineers reports and any other correspondence with respect to the claim, from the solicitors instructed on my behalf and I hereby authorise Smart accident claims and the solicitors instructed to exchange such information as is required in order to progress my claim.
I also acknowledge that if my claim is proven to be false or made with an intention to commit fraud I will be liable to pay for all expenses incurred by Smart Accident Claims Ltd.
Furthermore, I understand that I will need to pay Smart Accident Claims Ltd on successful completion of my case the charges detailed in the Service agreement which has been provided to me.
I have been made aware by Smart Accident Claims Ltd that Customers can represent themselves and make a direct claim for compensation for their injuries via the Official Injury Claim Homepage at www.officialinjuryclaim.org.uk without the need to use the services of a firm which carries on regulated claims management activity to pursue their claim.
I have been informed by Smart Accident Claims Ltd that all telephone calls can be recorded and stored. I have been informed that all electronic communication will be stored for at least 12 months.
Terms and conditions
Smart Accident Claims Limited is a Claims Management company regulated by the Financial conduct Authority. Its registration is recorded on the website register.fca.org.uk
1. What Smart Accident Claims Ltd do for you.
- Smart Accident Claims Ltd offer a free evaluation of your claim(s) and if instructed, pursue your claim(s) for compensation of; injuries and any other associated losses along with any associated interest where applicable.
- We will inform you of all correspondence that the company receives.
- We must always act in your best interest in pursuing your claims for damages and obtaining for you the best possible results; we must share with you the best advice provided to the company about whether to accept any offer of settlement
2. Cancellation of this agreement;
- We reserve the right to cancel this agreement at any time. There will be no fee payable if we cancel this agreement.
- Should you breach your obligations under this contract, we reserve the right to terminate this agreement with immediate effect.
- Cancellation of this agreement can be by post, email, in person or by telephone.
3. Your responsibility;
- You must give us clear instructions which allow us to do our work properly; you must not knowingly mislead us; you must not ask to work in an improper or unreasonable way; you must co-operate with us when asked.
4. Our costs;
- If you win Smart Accident Claims will charge twenty five percent including VAT (20.83% plus VAT), total of 25% including VAT. For example, if compensation of £1,000 is awarded to you, our fees would be £250 including VAT. The remaining £750 would be the amount you receive net. if compensation of £3,000 is awarded to you, our fees would be £750 including VAT. The remaining £2250 would be the amount you receive net. if compensation of £10,000 is awarded to you, our fees would be £2,500 including VAT. The remaining £7,500 would be the amount you receive net
5. Complaints;
- Whilst we aim to consistently provide an excellent level of customer service, if you are unhappy with the service you have received, our Complaints Handling Procedures can be found on our website at www.smartaccidentclaims.com or can be requested from our office.
6. Data Protection;
- The privacy and security of your personal information is very important to us. Any personal information submitted to us will be subject to the provisions of the General Data Protection Regulation 2016/679 (“GDPR”) and any legislation enforced within the UK in order to comply with GDPR, unless required to do so by law or a professional body, we will not disclose any personal data to any other person or organisation without the required consent.
7. Contract terms and conditions;
- 1. The company is a provider of claims management services registered with the Financial Conduct Authority (registration is recorded on the website register.fca.org.uk) and thus regulated in the supply of such services under the Compensation Act 2006.
2. The client’s first language may not be English and the client may require translation and interpretation services in relation to all aspects of the claim, which the company is willing and able to provide.
3. The client has been informed that the company’s fees cannot be recovered from the defendant or any other party.
4. The client wishes to defer any liability for the company’s fees for its services until the conclusion of the claim, and to make the payment of any fees contingent on the success of the claim, to which the company has agreed subject to the terms of this agreement.
5. The parties have agreed to enter into a damages-based agreement in accordance with the Damages-Based Agreement Regulations 2013 (SI 609/2013) or any enactment amending or replacing the same.
6. The client has been encouraged to seek independent advice before entering into this agreement and has been given an opportunity to obtain such advice.
Services
1. Smart Accident Claims Ltd, the company will be able to provide the following services:
a. initial assessment of the claim together with provisional advice as to the merits of the claim and as to any further evidence which it is necessary or desirable to obtain;
b. arranging recovery and storage of any damaged vehicle where relevant;
c. assisting in the arrangement of credit hire where relevant;
d. assisting in any subsequent dealings with the credit hire company as required throughout the claim;
e. assisting in arranging vehicle repairs where relevant;
f. assisting in any dealings with the police in relation to the accident;
g. assisting in all communications with the client’s insurer where relevant, including dealing with the insurer’s requirements and the completion of any documentation throughout the claim;
h. assisting in all communications with the client’s solicitors, in dealing with the solicitors’ requests for information and instructions, in interpreting requests and documents including medical reports, and any offers from the defendant, throughout the claim;
i. assisting in making further enquiries on the advice of the client’s solicitors, regarding the circumstances of the accident, any previous incidents relevant to the client’s injuries or state of health, and in relation to witnesses or potential witnesses;
j. assisting in constructing and translating any required witness statements;
k. assisting in the completion of any forms, applications, responses and acceptance or rejection of offers;
l. liaising with the client’s solicitors as required from time to time to obtain updates and reports on progress or developments;
m. generally ensuring that the client fully understands all documents and correspondence received from any party, the relevance and importance of them, and the action required if any;
n. assisting in in relation to any appointments which the client is required to attend, with solicitors, barristers or for medical examination, and arranging all necessary transport;
o. accompanying the client to any meeting or court hearing if required.
2. The company will act in the best interests of the client at all times, subject to the requirements of the due administration of justice and to its professional obligations.
3. The company will, if so required, advise impartially on any aspect of the claim and any offer of settlement.
4. The above list under 1) above is not exclusive of all services that may be provided and required
Fees
5. The company’s fees, inclusive of value added tax shall be 25% of the compensation (as hereinafter defined) recovered by the client plus all expenses and disbursements incurred in providing the services and shall be payable only if the client’s claim is finally decided in the client’s favour, whether by a court decision or an agreement to pay damages or in any way by which the client derives benefit from pursuing the claim; ‘finally’ means that the defendant:
a. is not allowed to appeal against the court decision; or
b. has not appealed in time; or
c. has lost any appeal.
6. Compensation for the purposes of clause 5 hereof comprises only the sums actually recovered by the client for:
a. general damages for pain, suffering and loss of amenity; and
b. damages for pecuniary loss other than future pecuniary loss, net of any sums recoverable by the Compensation Recovery Unit of the Department for Work and Pensions.
7. The company’s fees are set at the percentage stated in clause 5 hereof to take account of:
a. the fact that if the claim fails the company will receive no fees;
b. the company’s assessment of the risks of the claim failing;
c. the fact that in any event the company will receive no payment until the claim is concluded;
d. the fact that the company will have to meet any expenses related to the provision of the services without any reimbursement until the claim is concluded;
e. the expected level of compensation;
8. Illustration of fees based on percentage stated in clause 5:
a. For an award of £1000 for general damages, the company will be due £250
b. For an award of £3000, for general damages the company will be due £750
c. For an award of £10,000, for general damages the company will be due £2,500.
9. Other Income and services
a. The company may receive commissions or payments for facilitating hire directly or via third party companies.
b. The company may receive commissions or payments for facilitating Recovery directly or via third party companies.
c. The company may receive commissions or payments for facilitating Storage directly or via third party companies.
d. The company may receive commissions or payments for facilitating translation directly or via third party companies.
Termination
10. The client may have the right to cancel this agreement pursuant to the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (SI 1816/2008).
11. Save as specified in clause 7 hereof this agreement may not be terminated by either party before the conclusion of the claim. Should the client terminate this agreement after 14 days or breach their terms of the contract then the company reserves the right to request all expenses and disbursements incurred.
12. Disbursements and ATE incurred by the recommended solicitor:
a. The recommended firm of solicitors may incur costs for disbursements as part of your injury claim. They may also advise you to take out after the event (ATE) insurance on the inception of your claim. These costs are recoverable from the third party insurance company on the successful outcome of your claim.
b. Although it is rare and very unlikely, on the unsuccessful outcome of a claim the solicitors may request that their costs in taking out the ATE and disbursements are paid the client.
c. Where the recommended solicitors have been deliberately mislead, they may charge for other costs i.e., time spent on your file as per their hourly charges.
d. For details of all charges please refer to the CFA issued by the instructed solicitors.
e.Save as specified in clause 12 c, for instances where the instructed solicitors are not able to recover the costs of an ATE policy taken during the claims process, the company will reduce it's fee charged to the client by the equivalent amount in order that the client does not bear such costs.
Smart Accident Claims Ltd are regulated by the Financial Conduct Authority
Its registration is recorded on the website register.fca.org.uk
- These terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.
Our Complaints Procedure
We, at Smart Accident Claims give prime importance to all stakeholders in our
business and our main aim is the satisfaction of our all parties we work with and/or
affect directly or indirectly.
However, if you were unhappy with the level of service received we would be
interested to know your thoughts in order to eradicate such problems, if any exists.
As Smart accident claims we aim to resolve any complaint fairly and quickly and
advise all complaints to be made to the staff member that has dealt with your enquiry
or alternatively you can speak to the office manager. If you are not satisfied with the
response then you can follow our complaints procedure.
Our Complaints Procedure
If you have a complaint, contact us with the details. Your complaint may be made in
person, by writing, by E-mail or by telephone.
What will happen next?
1. We will record your complaint in our central register and open a separate file for
your complaint. Our complaints officer, Ersin Cimikoglu will deal with your
complaint. We will do this within a day of receiving your complaint. Wherever
possible, Ersin Cimikoglu will not have been directly involved in the matter which
is the subject of the complaint, and will have authority to settle the complaint.
2. We will then start to investigate your complaint. This will normally involve the the
appointed officer examining the matter and the information in your file.
3. The officer will then report to you and hopefully have the complaint resolved.
Within four weeks of receiving a complaint, we will send you either:
- A final response which adequately addresses the complaint; or
- A holding response, which explains why we are not yet in a position to resolve
the complaint and indicates when we will make further contact with you.
4. Within eight weeks of receiving a complaint we will send you either:
- A final response with adequately addresses the complaint; or
- A response which:
(i) explains why we are still not in a position to make a final response, giving
reasons for the further delay and indicating when we expect to be able to
provide a final response; and
(ii) informs you that you may refer the handling of the complaint to Financial Ombudsman Service if you are dissatisfied with the delay.
5. At this stage, if you are still not satisfied, we will also then arrange to review our
decision. This will happen in one of the following ways:
- Another member of the department will review the decision within 10 days.
- We will invite you to agree to independent mediation within 5 days. We will et
you know how long this process will take.
6. We will let you know the result of the review within 5 days of the end of the
review. At this time we will write to you confirming our final position on your
complaint and explaining our reasons.
7. Where we decide that redress is appropriate, we will provide you with fair
compensation for any acts or omissions for which we are responsible and will
comply with any offer of redress which you accept. Appropriate redress will not
always involve financial redress.
8. If you are not satisfied with our response, or if a complaint is not resolved after
eight weeks, you may refer the complaint to:–
Financial Ombudsman Service
Exchange Tower
harbour Exchange
London E14 9SR
08000234567
complaint.info@financial-ombudsman.org.uk
9. If your complaint is about the conduct of a solicitor on our panel, we will support you and advise you of the appropriate process to make the complaint to them or if appropriate to the Solicitors Regulation Authority who are the body responsible for the regulation of Solicitors. Should you have any questions about this policy, please contact us by telephone on 020 8801 5050 or by email at info@smartaccidentclaims.com