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Your Online Guide » Legal Guide » Accident Compensation Claim

[R361]Road Traffic Accident Compensation Claim
by Hunter Blyth, Hun

It does not matter if you are the driver, passenger, or a pedestrian. If you were involved in a road accident, you should consult with a solicitor if you want to claim compensation for your injuries – from whiplash, broken limbs, back, neck injuries to the far more serious head injuries and other serious injuries.

At the onset, if you were in a hit and run situation, where the driver ran off after hitting you and breaking your bones, you need to make a claim first with the Motor Insurers Bureau (MIB) for an untraced driver claim. The MIB also has a compensation program for people who were injured by uninsured motorists. In the case of an uninsured driver, you need to file an uninsured driver claim.

In general, if you signed for the legal insurance option on your car's insurance coverage, then you would already have a solicitor when you want to file a claim. Legal insurance options generally cost from between GBP 40 to GBP 90. If you did not opt for legal insurance, do not fret however. Most law firms would be happy to represent you without asking for any legal fees upfront. Remember though to ask about the fees both in a “won” and “lost” situation. Although many law firms brandish "no-win, no-fee" slogans, they tend to forget to mention the fees they charge if you do win a claim. Remember also that there are some that guarantee 100% of your compensation, but do not like to represent the riskier claims.

If you meet a traffic accident, make sure to receive professional medical attention so that your injuries are documented and therefore can be proven. In the United Kingdom, claims for car accidents often fail because the claimant did not rush to a hospital to discuss any pain arising from his injury. Medical notes are the single most important documentation for an accident claim. Apart from proving that you indeed met an accident, the notes will also go to establishing what amount should be awarded to the claimant. Thankfully, in many cases, ambulances are always called on to the scene of accidents, especially when the police are already involved.

In recent years, the number of people claiming for injuries arising from road traffic accidents has increased dramatically. Many are led to believe that the increase in compensation payouts for accidents is causing the sharp rise in insurance premiums. However, this is not entirely correct since the average payouts by insurance companies to claimants are just between GBP 1,500 to GBP 2,000. The amounts cannot even pay for the total of actual damages to the cars involved in the car crashes.

Under the law, all types of vehicles must be insured. Anyone is entitled to make a claim provided they were proven to have been involved in a vehicular accident, and that someone else is responsible for it. You can make a personal injury claim even if the driver that caused the accident is not insured or if the driver conveniently ran away after the accident.


Typically, legal proceedings due to poor road design, will be against a local council. This can be on the basis that they to have failed to install proper signs maintained proper design or maintain a A road, high street or motorway. A road traffic accident compensation claim may also include a product liability claim lodged toward the manufacturer of a car or car part, claiming design or manufacturing defect which lead to the accident. Also, if a car mechanic or garage left a car in an unsafe condition, liability may fall within their responsibility.

Unique Situations
Unique situations can often arise in a road traffic accident compensation claim which make the legal proceedings more difficult. All parties involved may be liable for potential injuries and this will be considered during the course of any legal proceeding. Various issues that can arise from the accident itself include:

Leaving the scene of an accident: Is not so uncommon in the UK where the driver who causes an accident fails to stop at the place of the accident. This will make it difficult for the injured party involved make a positive ID and therefore bring the driver to court.

Pedestrians and Road Accidents: In such situations, a member of the public can suffer serious injuries as a result of a collision with a vehicle. Often time the conduct of the pedestrian is called into question making it difficult to make a claim against the driver.

Motorbike & Car Accidents: Motorcyclists are very much at risk in regards to personal injury when involved in a road traffic accident, even in collisions which would be relatively minor had they occurred between cars. Due to the nature of some motorcyclists, it may be prove difficult to obtain a far hearing from a jury as they're commonly deemed 'wreckless' road users even if the other party is clearly at fault.

Bicyclists & Car Accidents: Bicyclists are among the most vulnerable road users. They are more likely to sustain serious injury when hit by cars or other vehicles. Various hazards such as doors opening in front of them are obvious causes of collisions as well as many others. Cyclists are often caught in the drivers blind spot and they often report that they did not see the bicyclist until it was too late.

Buses & Car Accidents: Bus accidents can also be quite serious. Due to the sheer size, passengers carried, a collision with a bus will not only see other road users worst off, but unmanaged passengers can also add to the already heated mix of a road accident. Any road traffic accident compensation claim will also be taken up with the operator of the bus not just the driver.

Unsafe road conditions: Where things like road debris and poor, uneven road surfaces abound, accidents can be common place. Whether this is in the form of parts which have fallen off of vehicles, or debris that is kicked up from the roadway, it can all be used as evidence in a road traffic accident compensation claim if the driver believes this was the cause of the accident.
Article Source : Accident Compensation Claim

About Author
Both Hunter Blyth & Julian Hall are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Hunter Blyth has sinced written about articles on various topics from Computers and The Internet, Accident Compensation and Search Engine Marketing. Hunter writes articles for Start2Claim and Real Compensation
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