Been Involved in A Road Accident That Wasn’t Your Fault?

1/31/2017 Dhanur Chauhan 0 Comments

If you have been involved in a road traffic accident that was not your fault, then you have the legal right to make a claim for any personal injuries that you have sustained.

Under the circumstances, your claim will be with the other party’s insurer. That is why when you have a road traffic accident, you should take down the name and address of the individual, and their licence plate number, so that they can be traced.

If, however, you were unfortunate enough to be hit by an uninsured driver, or the other party is untraced, then you can still make a claim for your personal injuries. Under the circumstances, you can make a claim with the Motor Insurers’ Bureau. The MIB will pay you compensation, for any personal injuries you have sustained on the road from an uninsured or untraced individual.

The Next Steps
If you have been injured in a road traffic accident, it is essential that you speak with a lawyer, so that your eligibility for compensation can be established. You also have the right to appoint your own solicitor to your case. Your insurance provider may recommend a law firm or lawyer to you, as per company policy. However, you have the freedom to choose a lawyer of your own; and, you do not need your insurer’s permission to do so.

Speak with uk claims lawyers uk injury claims about your accident, to get answers to all your claims-related questions, and to get informed about your legal rights.

Am I eligible for compensation?
To be eligible for compensation, the date your accident happened must be no more than three years’ ago. This is because under the Limitation Act 1980, personal injury claims become statute-barred after three years.

Unfortunately, this will prevent you from bringing your personal injury claim forward, except under exceptional circumstances, such as if your physical or mental condition has deteriorated significantly since, and that deterioration can be linked to your accident.

For minors, that three-year limitation period begins from the date of their 18th birthday, or the parent or legal guardian can make a claim on the minor’s behalf any time before the date of their 18th birthday.

In addition to this, you cannot be 100 per cent responsible for the accident. You must have a level of diminished liability. Unfortunately, if you were 100 per cent liable, then the other side will be under no obligation to pay you.

However, you can still make a claim if you were partly responsible, although you must accept a lower percentage of compensation, which will typically be 25 per cent less than the original settlement demand that is put forward.