Road traffic accident compensation can really help you through a difficult time in your life. Being involved in an accident on the road can be traumatic and can leave you with both mental and physical scars. That’s why if you have recently been in an accident where you were not at fault, you may be considering claiming compensation from the other party. RTA claims can be very complicated and depend mostly on the evidence that is brought to the courts. You do not want to undertake them by yourself, especially if you have been injured.
If you learn about the basics of RTA compensation claims, you can leave the difficult parts of your case to your experienced solicitor. That way you can know exactly what sort of evidence you need, how to determine who was at fault and how much you could potentially receive from a successful RTA claim. This guide will help you get started with the basics of RTA compensation claims. Read on to learn more!
What is classified as a Road Traffic Accident?
A road traffic accident usually entails a collision between vehicles or a personal injury that someone has experienced due to driving on the road. There are lots of different ways that people could be involved in a traffic accident:
As you can see, there are many different types of hazards that come in the forms of other vehicles, people and stationary objects. These can damage you and the vehicle you are driving. Always be aware of the road and the different types of drivers that inhabit it. Your situation can change in a split second. This is when an accident can happen. There are several factors that can determine whether or not an accident can happen on the road. However, the main two that you need to understand are negligence and liability.
If you were involved in a road traffic accident, you need to prove that someone else was the cause of it. In other words, you need to prove that they hold the liability. This could include the other driver, the government for not ensuring your environment was safe or even your vehicle’s manufacturer. This is why RTA cases can get very complicated.
For more information about different types of vehicle accident compensation claims, please visit the following pages:
Determining who was at fault
Road traffic accident compensation is only given to those who can prove that they were not the cause of an accident. Instead, they did everything in their power to try and stop it. However, the situation was simply out of control. This is where your evidence will need to come into play. It will determine what the real factors were in your accident. Take a look at some examples of who may have been at fault in the first place:
When you make a road traffic compensation claim, you can ask for a pay out from any of these potential parties. If they were at fault then it is their responsibility to ensure you are helped financially. This includes helping you with:
- Coping with your injuries.
- Covering any financial burdens you may have thanks to being off work.
- Any vehicle repairs
Do not worry about asking for this compensation. This is one of the main reasons why the UK government requires all vehicles to have some form of insurance if they are actively on the road. You will not be actively taking money from the person if they are protected by their insurer. Instead, you will simply getting help from another financial source. You will only be burdening them if they have not been insured.
Contributory Negligence
When you make a compensation claim about an accident on the road, you need to consider the reasons behind your injuries. If you are at fault for the accident, you will not get compensation for this. Instead, you may have to end up paying compensation to the other party. However, even if you are the main victim of the accident, there are factors that may lower the amount of compensation you receive.
For instance, were you wearing your seat belt? If you were not then this could mean that this was “contributory negligence.” You knew that not wearing a seat belt could worsen or prevent some of your injuries. But you still did it.
Just remember, the injuries you do receive depend on the medical opinion of a doctor. However, if you are found guilty of contributory negligence, you could lose up to 25% of your compensation. Try your best to keep as safe as you can when you are on the road. That way if you are in an accident, you can claim as much compensation as you can.
What if both participants in the accident were at fault?
Road traffic accident compensation claims are not always simply cut and dry. Instead, they may show that both parties were at fault for the accident. For instance, both may have been under the influence of alcohol or experiencing road rage that made them compete against each other.
If this is the case then liability can actually be shared. Each party must pay a certain percentage of the claims through their insurance. Make sure to discuss this carefully with your lawyer. If you were slightly at fault for the accident, it can still mean that you can get a small pay-out.
How do you make a vehicle insurance claim?
Any accidents you experience in your car will be traumatic. When you exit the vehicle you may not be thinking straight. You may immediately just want to get away as quickly as possible. However, it is essential that you take down the licence plate, time, location and insurance details of the other driver. You may also want to take pictures and call the police in order to have a police report filed to make sure no details are skipped over. You may also want to contact your insurer or the Financial Ombudsman Bureau so you can talk about making a claim or how you can take the case to court. This can also be done with an experienced lawyer.
Why should you claim compensation from a traffic accident?
Being involved in a RTA can be one of the most traumatic events in your life. It can cause physical and mental damages that can throw your world into disarray. You may feel out of control, especially if you have been forced to take sick leave in order to recuperate. It’s time for you to take back control and help yourself move on from your injuries.
Here are some additional reasons why you may want to file for road traffic accident compensation:
You are making a very good move claiming compensation, despite the bad situation that you have been thrown in. Sometimes accidents simply happen and it can’t be changed. You are legally entitled to the money, therefore, you should be able to take it and use it to help your recovery. You did not ask for someone else’s carelessness to injure you. In fact, you may be forced to endure constant treatments to help you get back on your feet.
Can you claim for more than just physical damages?
Yes! You can. If you have suffered any mental trauma, psychological issues or financial damages due to your injuries, you can reclaim this from your compensation. You can even use the compensation to hire out a vehicle whilst your own is being repaired. Think carefully about you want to use the compensation for. This will greatly affect your case.
What do you need for a successful RTA compensation claim?
Think of your road traffic compensation claim as a number of building blocks. You may start off with trying to figure out the main cause of your claim. This includes figuring out who was to blame for the accident. Remember, someone at fault is not the same as someone being liable. Road users have a duty of care towards others. Failure to take safety actions, e.g. to stop an accident, can mean that this duty of care has been breached.
Looking into The Highway Code can be a good way of determining whether someone is liable for an accident. For instance, an experienced driver would make sure to check all of their blind spots to ensure they can safely carry out a manoeuvre or enter into a junction. If not, then they have breached their duty of care for others on the road and, also, the passengers who have been in your vehicle.
All of these different factors will be determined by the type of evidence you have. You may want to consider using:
- Photographic Evidence
- Video Footage (Aka. a dash cam)
- Witness Notes
- Diary Entries
- Police Reports
- Insurance Reports
- Doctors Reports
- Expenses Receipts
- Work Information (I.e. SSP or sick notes)
Make sure to take down as much detail as possible, especially if you are making notes about different communications with important figures in the case. This could include your lawyer, your insurance firm and any firms that require payment (i.e. medical recuperation specialist centers).
How much compensation could I claim from an accident?
Go on any sort of claims website and you will see them predicting that you could earn thousands in compensation. This is true, but it honestly depends on the type of case you have. You need to look at the evidence you have of liability, the severity of your wounds and whether or not the other driver accepts blame. Instead of predicting the amount of compensation on your own, it would be better to speak to a trained specialist who can estimate the amount you could be due, such as a Gowing Law solicitor in Manchester.
How long will it take to make a claim?
Again, this depends on the complexity of your case. If it is a simple case with clear evidence of who was to blame, it could be settled in a few months. However, more complicated cases could take longer, especially if the defendant wishes to also ask for compensation for damages. Speak to your lawyer about a timeline. They can help you figure out how long you will need to collect compensation and what obstacles could be in the way of it. Remember to ask for updates about your case! That way you can always know what is going on.
A Gowing Law Solicitor can help you with your claim
You need help if you are thinking about making a claim for road traffic accident compensation. These cases can get extremely complicated, even if you know all about the basics of making a claim. That’s where a Gowing Law Solicitor can help you. Our trained experts offer free advice and consultations. They can estimate how long your case will take and how much compensation you could be owed. If you decide to work with them, they work on a “no win – no fee” basis, meaning that you will always come out on top.
Each case is different, meaning that there is no guarantee that you will get the perfect outcome. However, if you have an experienced traffic accident lawyer on your side, you can improve the chance that you will be able to apply for compensation. Make sure to tell your lawyer as many detail and facts as possible. You may also want to present them with a file of your evidence. That way they can quickly let you know how likely it is that you can prove that you were the true victim of the road accident.
If you want to learn more about different traffic accident compensation cases, contact Gowing Law Solicitors today! You can do this by calling 0800 041 8350, emailing info@gowinglaw.co.uk or directly chatting through our contact page.
Let us know how we can help you win your case!
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