It is very well known these days that if you are involved in a car accident that was not your fault then you could be entitled to make a claim for compensation. However, what is less well documented is that any victim of a road accident can bring a claim for compensation including: passengers, pedestrians, cyclists or motorcyclists.
If you have been the victim of a road accident then you can make a claim, either through a personal injury solicitor, a specialist road accident claim solicitor or through your insurance company if you have legal expenses insurance cover as part of your policy. Regardless of who you choose to deal with your claim, they are likely to deal with your case on a no win no fee basis, which basically means that if you lose your compensation claim following a road accident you will not have to pay your legal costs, which we all know can be quite expensive. If however your claim is successful then your legal costs will be paid by the other party or more accurately their insurance company (which is one of the reasons why road users are legally required to have insurance).
In order to bring a claim your solicitor viagra online will aim to establish that the other party was negligent and that the negligence has resulted in injury. In some cases it is easier to prove negligence and apportion blame such as if a driver has been speeding, whilst in other cases it may not be so straightforward such as in a head to head collision. Once negligence has been established an injury as a direct result of the accident has to be proved. The most common road accident claims result in whiplash, which is where a passenger’s or driver’s neck is strained following the impact of a car accident. However any type of injury is covered under road accident claims provided they are caused by the accident. The only limitation of this rule is that if the victim is wholly or partially to blame for their injuries then they may either received reduced compensation or none at all, for example if they are not wearing a seatbelt.
In order to increase your chances of making a successful claim after a road accident you should adhere to the following procedures (as best as possible):
- Exchange details with the other road user including names, addresses, phone numbers, insurance details and registration numbers
- Inform the police if you have suspicions about any of the details you have been provided by the other party or if they refuse to provide you with their details
- Establish who everyone involved is for example, who is the driver and who is the passenger
- Note a description of the vehicle involved
- Note the exact location
- Take photographs of the surrounding area and the scene of the accident
- Take down the details of any witnesses
- Report the incident to your insurance company
- Seek medical advice
If your claim is successful then not only will you be able to get compensation for the injuries you have suffered but you will also be entitled to recover any expenses (such as medical costs) and any loss of income if you are unable to return to work.
It is important that you bring a compensation claim as soon as possible following a road accident as any claim has to be issued within three years from the date of the accident. If a child is involved in the accident then their claim can be brought within three years of their 18th birthday. Although any claim should not really be delayed longer than necessary as details relevant to the accident will be harder to recall.