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Car Accident Claims

Road Traffic Accident
All road users are expected to obey the law and the Highway Code whilst driving or riding and the vast majority of drivers do this. However, road traffic accidents can occur and if it can be proved that another driver was the cause of the accident through a breach of their own duty or care and negligence can be established then the injured parties involved in the accident will usually be able to make a claim for personal injury compensation against the other driver. Provided that the other driver has valid insurance in place, any injury compensation award will be provided by the insurance company of the driver that has caused the accident. In instances where the driver that was the cause of the accident has no valid insurance or does not stop at the scene of the accident, then any claim would need to go through the Motor Insurers’ Bureau (MIB) who will help with any compensation award.

There are times when it will not have been another vehicle that will have caused the accident. A poorly maintained or signposted road can sometimes cause car accidents to occur. Or alternatively there could have been some form of extreme weather such as icy or snowy conditions that caused the accident. If it can be proved that a road has not been maintained adequately by the authorities or the local highway agency has failed to grit certain roads to make them safer to travel upon as per S.41 of the Highways Act 1980 as amended by the Railways and Transport Safety Act 2003 then there could also be cause to make a claim for personal injury compensation.

Common Types of Car Accidents

A non-exhaustive list of common types of car accidents which can lead to a personal injury claim for compensation include:

  • Car accidents whereby the passenger is injured.
  • Car accidents whereby the driver is injured.
  • A collision with a vehicle that is stationary.
  • Accidents whereby a pedestrian is hit by a car when using a crossing with a signal to walk.
  • Accidents that are caused by drivers going through red traffic lights.
  • Drivers turning right and thusly hitting traffic proceeding along the opposite side of the road.
  • Accidents whereby a car collides with the rear of another car causing whiplash injuries.
  • Collisions caused by a car emerging from a minor road.

Steps to Follow If You Have Been Involved in a Car Accident

It is important that you call the police as soon as possible if you have been involved in a car accident. This will serve to document that scene of the accident as well as attempt to make the accident scene safe for other road users. The police report will go towards proving that the accident occurred and can be used by your injury lawyer should you wish to make a claim for compensation.

Even if you do not think that you have been injured seriously, it is still important that you have any injuries seen to be a qualified medical professional – either your local GP or hospital. You can then have any injuries treated as soon as possible as well as obtaining an official record that you have sustained injuries shortly after having been involved in a car accident.

Whilst at the scene of the accident you should try to obtain as many details pertaining to the accident as possible. Try to get the details of the other drivers (and insurance details) as well as any possible witnesses at the scene as they may be able to help with forming a picture of how the accident occurred and who was to blame. If you have a camera phone use it to take pictures of the relevant accident scene e.g. tire marks in the road, etc.

After having collated the evidence if you are satisfied that the accident and as a consequence your injury was not caused through your own negligence but through the negligence of either another driver or perhaps negligently maintained roads then you may have a case for making a claim for personal injury compensation. To being the process you may wish to contact an experienced personal injury compensation lawyer and they will be able to talk you through the process and tell you whether they believe that you have a viable case or not. A number of personal injury lawyers work on a no win no fee basis, so this is something to check with them beforehand.