ROAD TRAFFIC ACCIDENTS CLAIM INFORMATION

INTRODUCTION

If you are involved in an accident that was not your fault you have a right to be compensated for any resulting injury or other loss. A legal framework exists to help you to obtain compensation but you will probably need assistance to take advantage of it.

ROAD TRAFFIC ACCIDENTS

We all at some stage in our lives, by simply getting into a car, risk being involved in a road traffic accident. If you are unlucky enough to have a road traffic accident there are some basic things that you should ideally do.

AT THE SCENE

If you are involved in an accident: -

  • Stay calm. Try not to get angry or upset.
  • Get the Names and Addresses of the other parties.
  • Get the Make/Model and Registration Numbers.
  • Get the Insurance details of all the other parties
  • Try to draw a Sketch plan showing vehicles, road signs etc.
  • Make a note of the road and weather conditions
  • Make a note of the Damage caused
  • Call the Police
  • Don’t Apologise for anything
  • Note any Admissions or other comments made

REPORTING THE ACCIDENT

If the accident damage is fairly serious and someone has suffered injuries then you should report the accident to the police. The police are not obliged to attend and may well refuse to attend if there are no injuries and the damage is small.

It is important that you report the incident to your insurers. Most insurance policies demand that accidents are reported to them usually within seven days otherwise the insurance company will not provide you with cover for that accident nor for future accidents.

BLAME

If you have an accident, the law states that there is no automatic right to compensation, unless you can show that someone else is to blame. If no one else is to blame then the law will not entitle you to receive compensation.

All motorists have a duty to take reasonable care to avoid injury loss and damage to other road users. If they breach that duty of care they are almost certainly negligent and must pay compensation for any injuries loss and damage caused.

It is often fairly clear and obvious who is to blame for most types of road accidents. If however there is a dispute, then the law looks at what the “reasonable man” in those circumstances would have done. Certainly the “reasonable man” would normally never disobey the Highway Code and is usually alert to the possibility of other road users being less careful than they should be.

Usually if a motorist has not obeyed the Highway Code then that will act as a good starting point for fixing blame.

Sometimes both motorists may have partially caused the accident or contributed to the accident by being less careful than they should have been. In these situations then the blame can be split and apportioned between the motorists.

We can provide a free no obligation assessment of blame if you simply complete our Road Accident Assessment Form.

ALLEGATIONS OF NEGLEGENCE

In most road traffic accident cases there are a number of standard allegations of negligence that are argued if the case proceeds to court. These include: -
  1. Driving too fast
  2. Failing to keep any or any proper look out
  3. Failing to observe or heed in time or adequately at all any other vehicle in the area
  4. Colliding with the other vehicle
  5. Failing to stop, to slow down, to steer or otherwise so control the vehicle as to avoid the accident
There are many other variations of the above. It is better to use Solicitors who specialise in road traffic claims to advise on the best allegations to use.

MECHANICAL DEFECTS

If an accident has been caused by a defect in a vehicle (such as defective brakes) that the owner either knew or ought to have known of, then the owner is responsible for the accident. If however the owner had recently had his car serviced by a garage then it might be possible that the defect was caused by defective servicing and to blame the garage for the accident.

SEAT BELTS

All road users have a duty to take care of themselves. Wearing a seatbelt can reduce injuries and therefore if someone does not wear a seatbelt they will be treated as not having taken sufficient care for themselves. Generally, they will receive a 25% reduction in the compensation that they would normally be entitled to.

SIGNALS

If another motorist flashes their headlights to indicate that the road is clear, that should not be relied on as a come on and an invitation to proceed.

DRINK

A passenger who allows himself to be driven in a car by a driver who has been drinking or who is drunk must accept some of the blame and will receive a reduction in the compensation they could normally receive.

CHILDREN

Where there are children on or near the road a driver has a responsibility to slow down to enable him to act quickly if a child should happen to suddenly run into the road.

MOTOR INSURANCE BUREAU

The Motor Insurance Bureau (M.I.B.) will provide compensation for victims who have been injured in road traffic accidents involving: -
  1. Untraced Drivers e.g. Hit and Run accidents
  2. Uninsured Drivers who do not have any valid insurance cover
  3. Foreign Motorists
The M.I.B. is funded by the Insurance industry and if a claim is made it may nominate an insurance company to deal with any claim made.

There are now very complicated rules and procedures that exist with making claims to the M.I.B. It is essential that specialist advice is obtained before making a claim and that a specialist firm of Solicitors deals with the claim. We can help and guide you.

CAR INSURANCE

There are three main types.;
  • Third Party
    This covers claims made against you and your passengers for accidents and injury caused to other people on public and private roads.
  • Third Party Fire and Theft
    This provides third party cover and cover in the event of your car or property fitted to it (e.g. radios but not contents) being stolen or damaged.
  • Comprehensive
    This provides Third party fire and theft and cover for the theft of and damage to your car and contents and some related expenses.

INSURANCE EXCESS

Often policies have an “excess” usually in the region of £100.This means if you make a claim against your own insurance policy you have to pay the excess yourself (e.g. £100). If someone else is to blame you can sue him or her for the excess and any other uninsured financial losses you may have incurred.

CAR HIRE

If you hire a vehicle because yours is off the road remember: -

  • It is your responsibility to pay for the charges
  • You must have a clear need to have a replacement vehicle
  • You must hire a vehicle of similar type to your own
  • The costs should not exceed about two-thirds the value of your own vehicle. If they do it may have been cheaper for you to have purchased a replacement car at an earlier date.
  • Temporary repairs must be carried out to your own vehicle if at all possible.
  • Hire is only possible if it is reasonable on time and costs. As a general rule you may be in difficulty if you hire for more than 28 days after the date of the accident but this is of course dependant on individual circumstances.
  • If in doubt do not hire. Your right to a refund is not automatic.
  • If you do hire keep the costs down and keep receipts.
  • Consider acquiring a low cost vehicle perhaps with a short MOT.

STORAGE CHARGE

You will have direct responsibility to pay the garage that is storing your vehicle. It is vital that these charges are kept to an absolute minimum. If a place of free storage is available we advise that you move the vehicle there until after the inspection by the other vehicles inspector. Storage charges can often amount to between £5.00 and £15.00 per day and can often exceed the value of the vehicle. This may mean you getting nothing and still owing a balance of monies to the garage that will look to you for payment.

ON THE SPOT SETTLEMENTS

Some times negligent motorists offer innocent motorists an immediate cash payment to pay for the damage and settle any potential claim there and then. The reason these offers are made is so that the accident need not be reported and therefore the negligent driver can protect his no claim bonus. If you are offered such a settlement you should reject it. First it may be an offence not to report a serious accident. Second you will be in breach of the terms of your own insurance policy by not reporting it. Third your claim may be worth much more than the on the spot offer being made.

FREE INITIAL ASSESSMENT

We can offer you a FREE INITIAL ASSESSMENT to see if you can make a claim. There is no obligation. Simply complete our Assessment form.
ROAD TRAFFIC FREE ASSESSMENT FORM

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ACCIDENT CLAIM SPECIALISTS

We are not a middleman claims company.  We are specialist accident compensation claim Solicitors.  We are friendly, sensitive and professional.  We will always fight on your behalf and make sure your claim is dealt with quickly and ensure that you receive the maximum amount of compensation. We are Members of the Law Society Personal Injury Panel.