I'VE HAD A ROAD TRAFFIC ACCIDENT - HOW DO I CLAIM?


Adam CresswellHi, I’m Adam Cresswell. I am an Accident Compensation Claim Legal Specialist. If you have had an accident then please call me to have a Free No Obligation Chat. I work on a No Win No Fee Basis so it will not cost you a penny to make a claim. I will work hard and fight for you to make sure that your claim is successful and see that you get the maximum amount of compensation that you are entitled to.

Please call me to have a free, no obligation chat about any Accident Claims on 0800 3 10 11 12 or contact us.

CAN I MAKE A CLAIM?


If you are involved in an Road Traffic 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 for your Road Traffic Accident but you will probably need assistance to take advantage of it to receive maximum compensation for your Road Traffic Accident.

AT THE SCENE OF A ROAD TRAFFIC ACCIDENT


If you are involved in a Road Traffic Accident: –

  • Stay calm
  • Get the Names and addresses of the other parties involved in the Road Traffic Accident.
  • Get the make/model and registration numbers of the cars involved in the Road Traffic Accident.
  • Get the insurance details of all the other parties.
  • Try to draw a sketch plan showing vehicles, road signs etc surrounding the area of the Road Traffic Accident.
  • Make a note of the road and weather conditions where the Road Traffic Accident happened.
  • Make a note of the damage caused from the Road Traffic Accident.
  • Call the police.
  • Don’t apologise for anything. It may appear that you are admitting liability for the Road Traffic Accident.
  • Note any admissions or other comments made from the other parties involved in the Road Traffic Accident.

REPORTING THE ROAD TRAFFIC ACCIDENT


If the Road Traffic Accident damage is fairly serious and someone has suffered injuries then you should report the Road Traffic 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 following the Road Traffic Accident.

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

WHO IS TO BLAME?


If you have a Road Traffic 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 for the Road Traffic Accident then the law will not entitle you to receive Road Traffic Accident 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 Road Traffic Accident compensation for any injuries loss and damage caused.

It is often fairly clear and obvious who is to blame for most types of Road Traffic Accident. 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. If the other party was unreasonable and did not follow the Highway Code, it is highly likely you will be able to receive Road Traffic Accident compensation as the other party is to blame.

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

ALLEGATIONS OF NEGLIGENCE


In most Road Traffic Accident there are a number of standard allegations of negligence that are argued if the case proceeds to court.

These include:

  • Driving too fast causing the Road Traffic Accident
  • Failing to keep any or any proper look out resulting in a Road Traffic Accident
  • Failing to observe or heed in time or adequately at all any other vehicle in the area
  • Colliding with the other vehicle
  • Failing to stop, to slow down, to steer or otherwise so control the vehicle as to avoid a Road Traffic Accident

There are many other variations of the above. It is better to use Solicitors who specialise in Road Traffic Accident claims to advise on the best allegations to use for your Road Traffic Accident claim.

MECHANICAL DEFECTS


If an Road Traffic 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 Road Traffic 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 Road Traffic 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 and this will affect a Road Traffic Accident claim. Generally, they will receive a 25% reduction in the Road Traffic Accident compensation that they would normally be entitled to.

DRIVER DID NOT SIGNAL


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. It may not be sufficient evidence to pursue a Road Traffic Accident claim.

DRIVER WAS DRUNK OR ON DRUGS


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

CHILD IN THE ROAD


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. If a Road Traffic Accident occurs, this could affect the claim.

MOTOR INSURANCE BUREAU


The Motor Insurance Bureau (MIB) will provide compensation for victims who have been injured in Road Traffic Accident involving:

  • Untraced Drivers e.g. Hit and Run Road Traffic Accident
  • Uninsured Drivers who do not have any valid insurance cover involved in a Road Traffic Accident
  • Foreign Motorists involved in a Road Traffic Accident

The MIB is funded by the insurance industry and if a Road Traffic Accident 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 Road Traffic Accident claims to the MIB. It is essential that specialist advice is obtained before making a Road Traffic Accident claim.

DIFFERENT TYPES OF CAR INSURANCE


Insurance is vital is a Road Traffic Accident occurs. There are three main types:

THIRD PARTY - This covers claims made against you and your passengers for a Road Traffic Accident 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 in a Road Traffic Accident.

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 in a Road Traffic Accident.

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

HIRE CARS


If you hire a vehicle because yours is off the road and you have a Road Traffic Accident, protect yourself and 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 Road Traffic 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.

STORAGE CHARGES


You will have direct responsibility to pay the garage that is storing your vehicle if you have had a Road Traffic Accident and it needs repairing. It is vital that these charges are kept to an absolute minimum if you wish to reclaim them from the claim. 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.

ON THE SPOT SETTLEMENT


Some times negligent motorists involved in a Road Traffic Accident offer innocent motorists an immediate cash payment to pay for the damage and settle any potential Road Traffic Accident claim there and then. The reason these offers are made is so that the Road Traffic 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 Road Traffic Accident. Second you will be in breach of the terms of your own insurance policy by not reporting the Road Traffic Accident. Third your Road Traffic Accident claim may be worth much more than the on the spot offer being made.

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