Following a road traffic accident, it can be difficult to know exactly what to do and how to proceed with making a claim. Here our personal injury solicitors answer a number of FAQs to help you understand your next steps.
Q. I Have Just Been Involved in an Accident - What Do I Need to Do?
A. First of all, ensure that you have taken note of the third party’s details: their name, phone number, vehicle make, model and registration.
If possible, get their insurance company details as well. If you cannot obtain their insurance details at the scene, we will be able to locate their insurer using their correct vehicle registration.
You will also need to notify your own insurance company that you have been involved in an accident, even if you were not at fault for the accident.
Q. If the Accident Wasn’t My Fault, Why Should I Notify My Own Insurer?
A. Under the terms of your insurance policy, you are under an obligation to notify your insurer of any accidents that you have been involved in, whether the accident was your fault or not.
Q. What if I am Involved in an Accident with Someone Who Hasn’t Got Insurance?
A. With the ever-increasing cost of motor vehicle insurance, there are more and more drivers on our roads without insurance. If you are involved in a car accident with someone without insurance, please do not panic.
We can submit your claim to the Motor Insurer’s Bureau. This is an organisation which was set up in 1946 to deal with accidents for victims of accidents involving uninsured or untraced drivers. The MIB is funded by all UK insurers who contribute annually.
We can submit your claim to the MIB who will then carry out some investigations and will advise us as to whether they will deal with the claim under their “Uninsured Drivers Agreement”.
Q. What Can I Claim for?
A. If you have been in an accident that you believe wasn’t your fault and have suffered as a result, you could have a claim. Whether you have a major injury or just minor conditions as a result of the crash, you could claim compensation.
Typical, road traffic accident claims focus around injuries such as:
- Whiplash
- Broken bones or fractures
- Head, brain and spinal injuries
- Organ damage
- Soft tissue injuries
Q. Who Can Make a Claim?
A. You, or a family member on your behalf, can make a claim if you have been in an accident that wasn’t your fault. This is possible whether you were a driver or a passenger at the time of impact, and is also relevant if any injured people were under the age of 18 at the time.
You may also have a claim if you were involved in an incident as a pedestrian, cyclist or motorist and were injured as the result of a dangerous car driver.
Q. How do I Know Which Solicitor or Claims Company to Use?
A. Many clients advise us that they have been bombarded with paperwork and phone calls from solicitor firms and claims management companies asking for further details and asking if they wish to make a claim with them.
As the claimant, it is your decision who you would like as your legal representation as you can only have one firm acting on your behalf. It is important to think about who you want as your representatives, and to make this clear to your chosen firm, as well as others that may contact you.
You should not feel pressured into using a particular firm as it is your free choice on who to proceed with.
To help you find a solicitor you can trust to represent you, we’ve written a short guide to things to look out for: How to Choose the Right Personal Injury Solicitor
For further information, you may also choose to read: Making a Personal Injury Claim – Do I Need a Solicitor?
Once you have chosen your solicitors, simply tell any other companies who may contact you that you have chosen legal representation and that you do not need their services.
Q. The Accident Was Partially My Fault - Can I Still Make a Personal Injury Claim?
A. This will depend on the exact circumstances of the case. Typical examples of cases where liability may be split are accidents on roundabouts and accidents which occurred when changing lanes. This may result in a split in liability, for example, where the other side may admit 50% liability for the accident, and your insurance company would agree the other 50%.
In this instance, you would receive 50% of the value of your claim as you would be held 50% accountable for the accident.
Q. What About My No Claims Bonus and Insurance Policy Excess?
A. If the accident wasn’t your fault your no claims bonus will not be affected. If you claim for your vehicle damage through your own insurance company, you may be liable to pay your insurance policy excess – however, we can claim this back on your behalf as part of your personal injury claim.
In the event that you are claiming your vehicle damage through your insurance company and your policy is up for renewal while the claim is ongoing, your premium may increase as your insurer looks at the claim as an “at fault accident”. However, once the claim has been settled, any increased payments should be reimbursed by your insurance company.
Q. How Long Will My Claim Take?
A. Every personal injury claim is different, so it is impossible to put a time frame on the length of your claim.
A number of factors can affect the length of your claim, for example, whether or not you wish to settle while you are still symptomatic or whether you wish to wait until you are fully-recovered before settling your claim.
Q. What Evidence Will I Need for a Car Accident Injury Claim?
A. If you have been in a car accident and believe you may have a claim for compensation, then doing the following can help your case:
Q. How Much Compensation Am I Likely to Receive for My Injuries?
A. The amount of damages people receive as car accident claim pay-outs varies depending on a number of factors, for example, the severity of injuries and the length of time it takes to recover.
When valuing your injuries, we use case law and Judicial Studies Board Guidelines to ensure we value your claim accurately.
As well as damages for your injuries, we can look to recover your out of pocket expenses which you may have incurred as a result of the accident. For example, loss of earnings and your insurance policy excess.
Want to Make a Personal Injury Claim?
If you think you may be eligible for road traffic accident compensation and would like to learn more about how to make a car accident claim, please contact our personal injury solicitors here at Howells Solicitors for more information.
Alternatively, read our complementary blog post: Crash for Cash Victim: What Do I Do Now?
