Road Traffic Accidents
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- Published on Thursday, 21 May 2015 09:30
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PERSONAL INJURY DEPARTMENT - Accidents on the Road
Road Traffic Accidents and “Running-Down” Accidents
If you have been the victim of an accident on the road which was not your fault, then you may be entitled to compensation.
Many of the Personal Injury claims which the specialist Personal Injury Solicitors within the Personal Injury Department of Woolliscrofts Solicitors regularly deal with are claims for compensation on behalf of drivers and / or passengers, Pedal Cyclists, Motorcyclists and / or their Pillion Passengers which arise out of Road Traffic Accidents and, indeed, claims for compensation by pedestrians following Running-Down Accidents (including “Hit and Run” accidents).
One of the most common types of injury which we see resulting in Personal Injury claims arising out of Road Traffic Accidents involve whiplash injuries to the neck and / or back and / or shoulders. Some whiplash injuries clear up in a matter of days or weeks, but others can leave people with permanent symptoms which are aggravated by the simplest of routine tasks which may of us take for granted on a daily basis – such as, for example, watching TV, using a computer or driving for any length of time – and even cold and damp weather conditions.
Other types of injury which can arise out of Road Traffic Accidents, but which are less common than Whiplash type injuries, can involve broken limbs and / or joints, injuries to the face and / or head (sometimes associated with coming into contact with the Steering Wheel or the operation of Safety Airbags), internal injuries (sometimes associated with seatbelts or possibly as a result of crushing injuries or objects penetrating through the body of a vehicle) and even Psychological Injury.
Fortunately, most drivers comply with the legal requirement of having the benefit of Third Party Motor Insurance and, if that is the case, the Personal Injury Claim is met by the relevant Motor Insurer of the driver(s) responsible for the accident. It is even possible for a passenger in a vehicle (or a Pillion Passenger on a motorcycle) to pursue a claim against the driver of the vehicle in which they are traveling if that driver is wholly or partially to blame for an accident which results in injury to their passenger – even if the driver and passenger are related.
Compensation for the victims of Uninsured Drivers
Unfortunately, however, in the current economic climate it is becoming increasingly common for us to encounter cases where the driver responsible for a Road Traffic Accident was driving without the benefit of any Motor Insurance. If, however, you have been the victim of a Road Traffic Accident which was caused by an Uninsured Driver, it is still possible to recover compensation from an organization called the Motor Insurer's Bureau. Strict time limits and procedural requirements apply to claims against the Motor Insurers Bureau and Woolliscrofts Solicitors can help guide you through the necessary process.
Compensation for the victims of Untraced Drivers
It is also possible to pursue claims against the Motor Insurer’s Bureau in cases where the driver responsible for a Road Traffic Accident leaves the scene of the accident without stopping to provide their details, and where it is subsequently impossible to identify and trace the driver. As with Uninsured Driver claims, special time limits and procedural requirements apply to claims against the Motor Insurers Bureau under the terms of the Untraced Drivers Agreement, and Woolliscrofts Solicitors can help guide you through the necessary process.
Some important matters to bear in mind if you intend to make a Personal Injury claim
- If there is any suggestion that the party responsible may not have valid insurance or the other party leaves the scene of the accident without providing details of their name and address or you have reason to believe that the accident may have involved a stolen vehicle, you should contact the Police without delay and report the incident to them (and carefully note down details of any Crime Reference Number provided to you);
- Take photographs of your injuries (remembering to keep a note of who took the photographs and the date upon which the photographs were actually taken);
- Keep a daily journal of your pain and suffering and how the accident and/or resulting injury generally and specifically affects your life;
- Keep any evidence for payments made as a result of the accident and/or injury including, but not limited to quotations, receipts cheque stubs, bank statements and the like;
- Keep a record of any journeys which you have to make for reasons relation to your accident and/or resulting injuries (such as, for example, journeys to and from appointments at the Hospital or with your General Practitioner), i.e. the date of each journey and the number of miles travelled (obviously journeys by Bus or Taxi would fall under the previous category of items of expenditure in respect of which you should keep Bus Tickets or Taxi Receipts);
- Be aware that the other side may attempt to use video surveillance to video you to try and show that your injuries are not as serious as you or your medical evidence suggests which could ultimately reduce the compensation that you would otherwise be entitled to.
It is extremely important to bear in mind the fact that strict time limits exist in relation to making all types of Personal Injury claims - and different rules apply in respect of certain types of claim and, indeed, in relation to different categories of Claimant (such as adults, children) and, indeed, depending upon other factors (such as whether or not the are suffering from Mental Incapacity or, in a limited circumstances, the actual or presumed “Date of Knowledge” of the Claimant of certain matters)
Accordingly, if it is your intention to pursue a Personal Injury claim, DON’T DELAY, CONTACT US to find out if you may be entitled to compensation and, if so, the time limit within which any claim which may be available to you would have to be made.