Car Accident Claims: A Guide

With 71% of the population holding a current driving licence our roads are busier than ever. There are 31million cars on Britain’s roads today making car accidents a major cause of injury. 10 people are killed on our roads every day, along with 290,000 serious injuries per year. In 95% of all accidents the main cause was human error.

Everyone is likely to be involved in a car accident at some point. Statistics show that most people are involved in at least one car accident in their life. Where an injury is sustained which through the fault of someone else, a personal injury claim can be brought. Making a personal injury claim for a car accident involves holding the person at fault accountable for their actions.

If you are involved in an accident, it is important to take a number of steps to ensure that if you do decide to claim, you have all the relevant information. Whenever any accident takes place, both parties are required by law to stop. You should exchange details with the other driver. It is not wise to make any comment on whose fault the accident is at the scene. Record as many details as you can as it will be useful for your to claim to have as much information as possible available. Details such as the make, model and colour of both cars as well as the registration will be very useful. Take the details of any witnesses as they may be vital in identifying the cause of the accident. Draw a sketch of where the accident took place, including as much detail as you can. Write down a clear account of exactly what happened as soon as you can. These detailed records will assist you greatly in your claim. If you have already been involved in a accident, don’t worry, you can still claim if you have not done any of these things, as long as the accident was not your fault.

After the accident, notify your insurance company straight away. Their record of the claim will be important in your case. You should visit you r doctor for any injuries, however minor they may seem. Many personal injury cases fail as there is no record of the injuries received. Some injuries, such as whiplash, may not be apparent until up to 48 hours after the accident. As soon as you feel any symptoms, visit your doctor.

Making a personal injury claim can ensure that the injured party receives compensation for their injuries suffered and earnings lost. On filing a claim, the victim is assigned an expert personal injury lawyer who is skilled in dealing with this type of claim. There are lawyers who specialise in particular injuries such as whiplash, head injuries or back injuries.

A car accident that was not your fault will usually be handled on a ‘no win, no fee’ basis. This means that you will not be liable for any legal costs in the event that you lose. In most cases even in the event of a win, no costs will be charged to the claimant, as the costs are recovered from the losing side.

You can claim for a car accident as a driver, passenger, cyclist or pedestrian. Whether your injuries are minor or more serious, you can still claim. It is even possible to make a claim in cases where the driver at fault was uninsured or fled from the scene of the accident. In these cases, the Motor Insurance Bureau will pay any damages.

Your claim will be calculated according to your circumstances. The payout will reflect loss of income, damage to your car or other property, cost of replacement hire car, insurance policy excess, compensation for pain and injury and any expenses incurred as a result of injury. These might include taxi fares, medication or alterations to your lifestyle.

Once you decide to pursue a claim and hire a personal injury lawyer, your lawyer will take care of everything for you. They will deal with your insurance company and contact the other driver’s insurance company. They will contact the police and obtain an accident report if there is one. The will speak to any witnesses, gather all the medical evidence.

The amount awarded and time taken to settle your claim will vary greatly. You must speak to an expert to assess your claim as every case is different.

Carys is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.