Personal Injury Claims arising out of Road Traffic Accidents
Introduction
A road traffic accident can be a very traumatic experience causing serious injuries, or it can be an annoying incident giving rise to small but niggling damage and losses. Either way you need to know your rights and what to do.
Your motor insurance covers you for some things (such as a claim against you if the accident was your fault) but it will not cover you for your injuries and any losses connected with that injury (such as loss of earnings).
If you want to claim for compensation you will have to prove that someone was responsible.
WHO IS RESPONSIBLE?
Obviously, accidents can happen..... but if you think another driver was responsible, you may be able to get compensation.
In order to prove that another driver was responsible you have to find evidence (witnesses, vehicle damage, skid marks) that they drove their vehicle in such a way as to fall below the standard of a reasonable motorist.
However, this is often difficult to prove.
Try to obtain the following information immediately after an accident:
- The name, address, vehicle registration and insurers' details of the other driver(s).
- The name and address of at least one independent witness.
- Details and reference number of any police officer who attended the scene of the accident.
Other useful information:
- Photographic evidence of damage to your vehicle and the scene of the accident (use your mobile phone or keep a disposable camera in your car at all times).
- While the accident is fresh in your memory draw a sketch plan of how it occurred.
- If necessary, expert evidence may be obtained from an engineer regarding the condition of your vehicle or that of the other driver.
- Obtain all vehicle documentation such as MOT, tachographs, service records.
WHO PAYS COMPENSATION?
The insurance company of the driver responsible for the accident.
"Third party" insurance (cover against injuring or damaging another person or their vehicle) is compulsory in this country.
If you have fully comprehensive insurance your own insurers will pay for your vehicle damage (or the replacement value) and try to recover it from the other driver's insurers at a later date. You can claim back any policy "excess" you pay from the driver at fault.
WHAT IF THE OTHER DRIVER DOES NOT HAVE INSURANCE, DOES NOT
STOP OR CANNOT BE TRACED?
This is an offence and the police should be contacted.
You may be able to make a claim against the Motor Insurers Bureau which is an organisation set up to compensate the victims of negligent uninsured or untraced drivers.
Your solicitor can advise you on the procedure – for example, if you suffer damage to your vehicle in an accident but no injury, you cannot get compensation if the other driver is untraced (but you can if he was uninsured!).
WHAT IF THE ACCIDENT OCCURS ABROAD?
Similar rules apply about who is responsible for an accident but the rules regarding when to claim vary depending upon where the accident occurred. You should seek specialist advice from a solicitor as soon as possible in order to avoid missing a vital deadline.
Ashfords belongs to Advoc which is a network of lawyers across the world. We can get you in touch with a lawyer in the relevant country.
HOW MUCH COMPENSATION WILL I RECEIVE?
The Court will aim to put you in the position you would have been in had the accident not occurred. Compensation is divided into two main categories:
- General Damages – a lump sum of compensation for the injury
- Special Damages – compensation for expenses and losses incurred as result of the accident.
GENERAL DAMAGES
Money cannot really compensate you for your pain and suffering but it is accepted as the next best thing. Awards are based upon the extent of individual suffering compared to previous cases similar to your own.
Your solicitor will arrange for medical evidence to be obtained in the form of a full medical report (following a medical examination from an appropriate medical specialist) to prove your injury, the level of pain, the ways in which the injuries affected your lifestyle, the treatment you had and the extent to which you make a full recovery.
Always make sure that you seek proper medical treatment and follow all advice given.
SPECIAL DAMAGES
These are for your out of pocket expenses and can include the following:
- Vehicle damage
Before your vehicle is repaired it should be checked by a vehicle inspection engineer. If you have comprehensive insurance this will be arranged by your insurer. If not, make sure that you arrange an independent vehicle inspection before repairs are carried out. Often, the other driver's insurers will do this if they accept their driver was to blame.
- Storage charges
If there is a delay between the accident date and the inspection by the vehicle engineer you may be able to recover storage charges but you should make every effort to keep these to a minimum.
- Hire charges
If you are without a car because it is not driveable or in the garage for repairs, you can hire a car if you do not have access to alternative vehicles or cannot easily rely on public transport. You should hire a similar type of vehicle. Ensure that the period of time is kept to a minimum.
Some hire companies will offer hire on "credit" whereby you do not have to pay for the hire straightaway and have some time to recover the cost from the responsible party.
- Medical expenses and cost of treatment .
These are payable if you can prove injury caused by the accident and treatment necessary.
- Loss of earnings
Payable if time off work is caused by the accident. You will be paid the difference between you potential "net" earnings and the actual earnings you receive (often just Statutory sick Pay) while you are off work.
If your injuries are more severe, preventing you from returning to work, you can also claim for loss of earnings you may suffer in the future.
- Miscellaneous expenses, postage, telephone calls etc.
Payable if reasonably justifiable.
Keep all receipts and invoices in a safe place to prove what you have lost
YOUR RESPONSIBILITIES
You should try to notify your opponent of your claim as soon as possible. In any event you must issue proceedings within 3 years from the date of the accident.
You have a duty to keep your losses to a minimum as far as possible.
HOW MUCH WILL IT COST?
If your claim is worth less than £10,000 and the Court is not involved at all, your legal costs will be based upon a fixed rate of £800 plus a percentage (20% or 15%) of the value of your claim. This applies only to Road Traffic Accidents.
In all other cases, solicitors charge on an hourly basis so it is difficult to predict precisely how much your claim will cost as it depends how long it takes to resolve.
However, if you are successful ( and providing the claim for general damages is valued at more than £1,000) most if not all of your costs should be payable by your opponent.
FUNDING YOUR LEGAL COSTS
There are several alternative ways of finding your claim:
- You may have legal expenses cover for this sort of accident. Check your motor and household insurance policies.
- Your solicitor may offer you a Conditional Fee Agreement (in which they act for you on a "no win, no fee basis"). You can take out insurance to cover the legal costs of the other party if you lose.
- You may be entitled to Legal Aid. This is very rare these days, even if your finances are poor. Contact your solicitor to check your eligibility.
How can I get help?
We at Ashfords are experienced in handling claims arising from road traffic accidents. We can offer a free interview to anyone who thinks that they might have a personal injury claim. We have offices all over the South West and can travel to you in certain circumstances.
Ashfords has a Legal Aid Franchise for Personal Injury.
Our dedicated team of experts include solicitors who are accredited members of the Solicitors Regulation Authority's Personal Injury Panel.
If you have any queries or require any additional information, please do not hesitate to contact your at Ashfords.
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Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
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