VICTIMS GUIDE TO ROAD
TRAFFIC ACCIDENT CLAIMS
THE LAW
There is a fault based system for compensation in England and
Wales. In order to make a claim, you will need to show that
someone else was a fault and that you were their victim.
ROAD TRAFFIC ACCIDENTS
If you were a passenger in a vehicle or a pedestrian, you are
likely to have a very strong claim against the driver of the
vehicle involved. There will of course be exceptions to this
if you are a pedestrian who walked straight into the road without
looking or a passenger in a car in which you knew the driver was
unfit to drive due to drink or drugs.
HOW TO MAKE A CLAIM
In order to make a claim, you need to know the identity of the
person responsible for the accident. If it was a hit and run
accident, and the driver cannot be identified, then there is a
special scheme run by the Motor Insurers Bureau that may be
available to you to claim compensation.
However, in the majority of cases, the identity of the person
responsible will be known, and the next question is to ascertain
whether he is insured. If he is not insured, there is again a
scheme run by the Motor Insurers Bureau with which we can assist
you, for making a claim against an uninsured driver for
compensation.
Fortunately, the majority of drivers are insured, as this is
compulsory by law. In the majority of cases, where somebody
is injured, the Police will be involved and the Police will have
recorded details about the accident. They may or may not
decide to prosecute depending upon the circumstances, and whether
there are independent witnesses involved at the scene.
PURSUING A CLAIM
In order to pursue a claim for compensation, a Claimant having
identified the person responsible for the accident, needs to
register the claim. The normal means of registering a claim
is a Pre-Action Protocol letter setting out the details as to
why you hold that person responsible, which you will send through
us to that person and their Insurers. There is a simplified claims
procedure where the claim is considered to be likely to involve
compensation for personal injury of less than £10,000.
PRELIMINARIES TO A CLAIM
Before a claim can be submitted, we need to have all the facts
to justify the claim. A road traffic accident happens
instantaneously, and you may not have the best knowledge of the
facts. In the circumstances, it is usually best for a copy of
the Police Report of the accident to be obtained before a claim is
lodged so that the independent view of who is at fault for the
accident can be formed. If the Police are prosecuting any of
the drivers involved, then that Police Report will not be available
until after the prosecution has been concluded. Anyone
applying for a Police Report has to pay a fee for that Report,
which currently costs approximately £150.00. Even if
you think you know everything about your action, it would be unwise
to pursue a claim without first knowing what the Police Report
contains. The other driver's Insurers will not deal with the
claim until they know what is in the Report from the Police.
The Police Report deals with information concerning who was at
fault for the accident. However, it may not be
conclusive. If the Police decide not to prosecute anyone, we
need to demonstrate why the other driver is responsible.
Photographs of the damage to your vehicle, the road, any road signs
and a diagram showing the position of the vehicles at the point of
impact will often be very helpful. In the past, you used to
have to send these to your Insurers, and if you were sensible, you
used to keep a copy of what you sent to your Insurers.
However, these days Insurers will often determine liability for
claims merely on the basis of a telephone Report. They will
decide who is at fault. You may not agree with them, but as
they are insuring you, if they consider that you were at fault,
then you will generally have to accept their decision, as they will
be picking up the bill from the other side.
Obviously if that claim subsequently went to Court and the Court
found in your favour, then you can ask your Insurers to overturn
their decision and reassess your claims record.
SUPPORTING INFORMATION
In addition to the information of about who is at fault, it is
also necessary to have information about your injuries. It is
not essential that you receive medical attention at the time of the
accident, as long as you have required medical attention since that
is directly connected with the accident. For instance, many
persons will have no immediate ill effects, but they experience
headaches and neck pain associated with impact injuries which may
not develop until a week or two after the accident. As long
as you consulted your GP and there is a record that you received
medical attention for these injuries, then you may be able to bring
a claim. However, if you have not sought any medical
attention at any time after the accident, then your prospects of
bringing a claim for personal injury are virtually non
existent.
EVIDENCE OF INJURIES
Many people will be taken to hospital following a road traffic
accident. They may not be kept in if the injury is not
serious. However, it will be necessary to assess the impact
of any injury sustained and whether it is still continuing.
Whilst you may have your own views on this, the true state of your
health is a matter for a Doctor, and to pursue a claim we will
obtain a Medical Report stating what injuries you sustained and
what has happened since and when you are likely to make a full
recovery. Generally you do not obtain such a Medical Report
until a claim has started. It can take several months to get
the Medical Report after the claim has started to support the
claim, but generally we will need details of the treatment that you
have received for your injuries, hospitals and Doctors attended as
the Medical Expert instructed will need this information in front
of him to do a Report.
FINANCIAL LOSSES
If you have lost your job or suffered a loss of earnings as a
result of an accident, then you may be able to claim this as part
of your compensation. Indeed, if your ability to do your job
in the future is impaired, this could have a significant impact on
the amount that you can claim by way of damages. In
particular, there is a special award that the Court can make if
your accident has made you more vulnerable to losing your job in
the future. This is in addition to any actual loss of
earnings incurred to date. Whether such an issue arises will
usually depend on the contents of the Medical Report.
OTHER EXPENDITURE
Injured persons will normally have damaged clothing which will
need replacement, and will have suffered other inconveniences such
as hire costs, additional fares or repairs. Full details of
each of these will be needed with any supporting documentation, for
example receipts for repair bills. It is usually best to make
this information available at the outset when instructing us.
They will certainly ask you to provide it as the claim
progresses.
THE CLAIMS PROCESS
Once we have all we need to lodge a claim on your behalf, that
claim will go to the party we say is at fault.
That party will usually be insured, and the claim will go to
their Insurers.
PROCESS AND RECEIPT OF THE
CLAIM
On receipt of the claim, the party at fault's Insurers have a
period of time to decide how to respond to the claim. If, on
the basis of all the information that they have, not only from you,
but from their Insured, they accept their driver was at fault, then
they should admit liability within the time scale set out within
the flow chart at the back of this document. If they accept
liability either in whole or in part, then the flow chart can be
followed.
If they dispute liability, then almost inevitably you have to
decide whether to take the matter to Court to obtain compensation,
as it will not be resolved without Court proceedings.
UNCONTESTED CLAIMS
If liability is accepted, then it is possible to move to the
next stage and submit details of the claim for compensation with
the supporting documentation and Medical Report. The Insurers
will then decide whether they accept the sums claimed and make an
offer for settlement. Whilst this process is ongoing, they
may also make an interim payment of £1,000 or such sum as may be
appropriate whilst the total claim is being assessed.
CHILDREN
If children are involved in the case, then before the case can
be settled, the details of any compensation payable to the child,
needs to be approved by the Court. Thus, even if liability is
not contested, Court proceedings for approval of the payment to the
child needs to be commenced. In such circumstances, a
Barrister's Opinion confirming the amount payable by Insurers to
the child is a fair and reasonable figure to be paid to that child
for those injuries will need to be submitted to the Court together
with all supporting information for a Judge to consider. If
the Judge thinks that the figure is too low he can reject the
settlement.
OVERVIEW
For further information or if the accident arises during the
course of your employment please contact Christopher
Atkinson.