A car accident is an all too common experience with the UK annual rate of over 150,000 minor injuries, 20,000 serious injuries and well over 1,500 fatalities. If you have been injured in a motor vehicle collision you will need specialist legal advice which we can provide at no cost to you. In most motor vehicle collisions it is straight forward to determine who was to blame but some cases, especially multiple vehicle collisions are complex and establishing liability for negligence may be a difficult task. Our car accident solicitors are experienced in obtaining evidence in order to give you definitive advice about who was at fault for the accident. If you believe that the accident which caused you injury was not your fault and that it happened within the last three years, you should contact us for free advice without further obligation.
Our car accident solicitors are members the Solicitors Regulation Authority panel of personal injury experts and deal with injury compensation claims using the no win no fee scheme. You will receive a complete professional service from lawyers who specialise in claiming damages for personal injury. We operate the no win no fee scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client.
It's always different when you or a friend or loved one are involved - it becomes personal and that's when you need specialist advice from solicitors experienced in personal injury compensation claims. If you complete the contact form, email our offices or call the helpline we will determine the following items at no cost to you :-
Who was at fault for the accident?
In some cases it is easy to determine who was to blame, such as a rear end shunt at traffic lights but some car accidents are complex and not at all obvious. If you are involved in a motor vehicle collision never make any admissions to other parties involved and contact us immediately to have the case reviewed. Our car accident solicitors are experienced in reviewing accident situations and will obtain such further evidence as they need to advise you on who was at fault.
To make a successful claim you need to be able to show that the collision was not your fault and that someone else was responsible. That means that it is necessary to prove negligence. In simple terms negligence is a failure to take reasonable care for the safety of others. Even if you are partly to blame, it is still possible to claim against the other party using the doctrine of 'contributory negligence'. This means that if the accident was 30% your fault, then any compensation that would otherwise have been paid by the other driver's insurers on a full liability basis is reduced by 30%. This type of arrangement does of course open the door for the other driver to claim 30% of his full liability damages against your insurers.
Certain classes of claimant can never be held to contribute including passengers who will always recover damages in full not withstanding that it may have been their own driver, who may be a close relative, who was at fault. One spouse will often make a claim against their husband or wife, if they are injured in an accident caused by their own driver's negligence. Degrees of family relationship are irrelevant when considering compensation for negligence.
What can I claim?
The assessment of damages for pain and suffering in personal injury compensation claims is not simple and straightforward. Money can never adequately compensate for physical injury however Judges use the wisdom of previously decided cases and are guided by a publication from 'The Judicial Studies Board' which sets out the basic figures applicable for various types of injury.
This item relates to the pain and suffering of personal injury. To determine the appropriate award of damages in an accident, car accident solicitors will arrange for you to be examined by a medical consultant (at no cost to you). Compensation for being disadvantaged in the employment market or for having to change lifestyle plus many other wide ranging items may also be compensated.
This item relates to specific matters which can be calculated with a degree of accuracy such as loss of earnings (both past and future), cost of medical treatments, travel expenses, loss of personal property damaged in the accident and similar specific expenses such as an excess under a motor insurance policy.
What if the other driver was not insured?
A large proportion of UK motor vehicle collisions involve an uninsured driver. In these cases a claim can be made to the Motor Insurers Bureau (MIB) which administers a fund that is contributed to by a levy on all insurance companies. The purpose of the fund is to pay compensation to the victims of uninsured and untraced drivers (hit and run). If a negligent uninsured driver is involved in a motor accident the MIB will settle the victims claim in the normal manner and will pay damages for injury and financial losses and in addition will pay some of the legal costs of the action. It is however necessary to issue legal proceedings in every case and to obtain judgement against the other driver prior to the MIB paying compensation. The MIB will thereafter attempt to recoup the damages paid out by pursuing the uninsured driver, if necessary through the courts to obtain recompense. Motor Insurers Bureau compensation claim settlements are complex issues and can fail at any point if the MIB’s rules are not followed to the letter. It is very much to your advantage to be represented by an experienced solicitor throughout your dealings with the MIB. The MIB will pay your solicitors costs. Any Motor Insurers Bureau compensation claim for property damage is subject to the deduction of a nominal excess which will have to be recovered from the uninsured party directly. If you recover your losses in full from the MIB your no claims bonus will not be affected. In the case of an uninsured driver claim the normal limitation of action rules still apply and in general terms proceedings must be issued within 3 years of the accident occurring or the claim will become statute barred and the opportunity to claim damages will have been lost forever. There are a few exceptions to the general rule including minors and those suffering from mental disability and advice on these matters should always be obtained from a qualified lawyer as soon as possible after an accident.
What if the other driver is not identified and did not stop?
Hit and Run drivers are a serious problem and but for the Motor Insurers Bureau compensation claims fund it would be impossible to claim compensation for injury. If the other driver is untraced which sometimes happens in hit and run car accidents then the MIB will only pay compensation for personal injury together with some associated losses. In these cases the MIB do not pay for the legal costs of an application which must be deducted from any compensation awarded. Compensation in these cases is therefore not paid in full. Our car accident solicitors will still deal with the claim on a no win no fee basis and will advise you of the charging arrangements prior to the claim being started.
If you have been injured in an accident, within the last three years, that wasn’t your fault our solicitors can help you to make a road traffic accident claim to get the compensation you deserve. Even if you were a driver and the accident was partially your fault we may be able to get you a proportion of the damages that you would otherwise have received on a full liability basis. This concept is known as 'contributory negligence' and apportions liability on a percentage basis between the drivers involved in the accident. The blame for an accident may for example be judged to be 60/40 in favour of one of the drivers. In this case each driver would be awarded the relevant percentage of the damages that they would otherwise have been entitled too on a full liability basis. The claims for passengers are unaffected by these apportionments and passengers will usually receive compensation even though it may have been 'their' driver who was wholly or partially at fault.
If you would like no cost legal advice with no further obligation from a specialist car accident solicitors, just use the helpline or email our offices. We operate the no win no fee scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client.
If you have been injured in an accident within the last three years that wasn’t your fault you should contact us. You will receive a complete professional service from lawyers who specialise in claiming compensation for personal injury caused as a result of an accident.