Car Accident Claims.

If you have been involved in a car accident the first step you should take is to ensure everyone is safe by checking for injuries and moving to a safe location, i.e. away from the vehicles and onto the pavement or into a nearby building if it is safe to do so.

If the accident has resulted in serious injuries, the emergency services should be alerted as soon as possible so that paramedics can tend to the injured parties, police can block the road and redirect traffic, and the fire service can clear the area and make it safe.

Before leaving the scene of the accident it is important to collect the details of all parties involved, including their contact information, vehicle registration, and insurance details, as well as taking photos of the accident scene and the damage caused. This information should then be relayed to your insurance provider in order to begin making a claim against the responsible party.

Once all of this has been done, the next step is to speak to a personal injury solicitor to find out if you have a valid claim for compensation.

Car accidents can vary in severity and can result in a variety of different injuries, including:

• Head injuries – Ranging from mild to severe concussion, skull fractures, and traumatic brain injuries such as haematomas and contusions.
• Back injuries – Including whiplash, herniated discs, and serious spinal cord injuries that can result in partial or complete paralysis.
• Chest injuries – Such as lacerations, bruising, fractured ribs, and internal injuries caused by seatbelt impact, collision with the steering wheel, and blunt force trauma.
• Limb injuries – Including fractures and broken bones, lacerations, bruising, and dislocations of the joints.
• Soft tissue injuries – Such as sprains, strains, and tears of muscles, ligaments, and tendons.
• Psychological injuries – Including post-traumatic stress disorder (PTSD), depression, and anxiety resulting from the accident.
• Fatal injuries – In severe car accidents, the injuries may sadly lead to loss of life.

If you have been involved in a car accident which wasn’t your fault, and you have sustained any type of injury, from minor to severe, you may be entitled to compensation. Please get in touch today to discuss your circumstances and receive advice and guidance from our personal injury team.

You may be eligible to make a car accident compensation claim if the accident was caused by another party’s negligence, and you suffered injuries or financial losses as a result. This includes accidents where the other driver was at fault due to reasons such as speeding, distracted driving, or driving under the influence of alcohol or drugs. Additionally, if you were a passenger, a pedestrian, or a cyclist involved in the accident, you may still have grounds for a claim. In order to be eligible, you must be able to prove that the accident directly caused your injuries or damages, and that the other party’s actions were responsible for the incident.

In England and Wales, you generally have three years from the date of the car accident to make a compensation claim. This three-year period is known as the limitation period, and it applies to most personal injury claims, including those arising from car accidents.

However, there are some important exceptions to this rule.

For example, if the injured person is under 18, the three-year period does not begin until their 18th birthday, giving them until the age of 21 to make a claim. In cases where the injured person lacks the mental capacity to make a claim, the time limit may be extended.

It’s also worth noting that while you have three years to bring a claim, it’s always advisable to seek legal advice as soon as possible after an accident to ensure your case is handled effectively and to avoid any potential issues with the time limit.

In most cases, you will not need to go to court for your car accident claim. The majority of claims are settled out of court through negotiations between your solicitor and the at-fault party’s insurance company. This process involves discussing the details of your injuries, damages, and the amount of compensation you’re entitled to, and it often results in a fair settlement without the need for a court hearing. However, if a fair settlement cannot be reached, or if the other party refuses to accept liability, it may be necessary to take the case to court. Your solicitor will guide you through this process, providing representation and ensuring your interests are defended.

The length of time it takes to settle a car accident claim can vary depending on several factors, including the complexity of the case, the severity of your injuries, and whether liability is disputed. In straightforward cases where liability is clear, and the injuries are not severe, claims can often be settled within a few months. However, more complicated claims, especially those involving serious injuries, long-term medical treatment, or disputes over fault, can take longer, sometimes up to a year or more. If the case needs to go to court, it can further delay the process. The time it takes also depends on how quickly you receive medical assessments, gather evidence, and reach an agreement with the insurance companies.

The amount of compensation you could receive from a car accident claim depends on various factors, including the severity of your injuries, the financial losses you’ve incurred, how the accident has affected your life, and the potential future impact of your physical and psychological injuries. Compensation is split into two categories: general damages, which cover pain, suffering, and loss of quality of life, and special damages, which compensate for financial losses such as medical expenses, lost earnings, and future costs for ongoing treatment. More severe injuries, such as brain injuries or spinal cord damage, typically result in higher compensation. Your solicitor will assess all aspects of your case, including medical reports and financial documentation, to estimate an appropriate amount of compensation based on the specifics of your situation. The goal is to ensure you are fairly compensated for both the physical and financial impact of the accident.

If the other driver was uninsured or fled the scene of the accident, you may still be able to make a claim for compensation. In these situations, there are a few options available:

• Motor Insurers’ Bureau (MIB) – If the other driver was uninsured or untraceable (for example, if they fled the scene), you can file a claim with the Motor Insurers’ Bureau. The MIB is an organisation that helps compensate victims of accidents involving uninsured or hit-and-run drivers. They will handle the claim on your behalf, and you may be entitled to compensation for your injuries, medical expenses, and property damage.
• Your own insurance – If you have comprehensive car insurance, your own policy may cover the costs of damage to your vehicle and injuries, even if the other driver is uninsured or cannot be found. However, this may involve paying an excess or higher premiums in the future.

In any case, it’s crucial to report the incident to the police and your insurance company as soon as possible, as both will be important in helping you navigate these situations. Consulting with a solicitor will also help you understand your options and ensure the process is handled correctly.

Whilst it’s not mandatory to use a solicitor, having legal representation can significantly improve the chances of a successful claim and ensure you receive fair compensation. Our personal injury solicitors are highly skilled and experienced in navigating the complexities of the legal system and handling negotiations on behalf of clients.

We offer our personal injury services on a ‘no win, no fee’ basis. This means you won’t have to pay legal fees if your claim is unsuccessful. It’s important to discuss funding options with your solicitor during the initial consultation so that everything is clear from the outset.