A Guide to Road Traffic Accidents - Do I have a claim?
If you have been involved in a road traffic accident that wasn't your fault, you could be entitled to make a claim for compensation for any injuries you have sustained.
At Calio Claims, we have helped many clients who have been involved in road traffic accidents obtain the compensation they deserve. We are here to provide you with support and advice at this challenging and stressful time.
In this guide, we answer some of the most commonly asked questions from people who have been involved in a road traffic accident.
Typically, when we think of road traffic accidents, we picture two vehicles involved in a collision. However, there are other types of accidents that are also classed as road traffic accidents. If you have been injured in such an accident that was not your fault, then you may be entitled to claim compensation for your injuries. The types of accidents can be as follows:
- Passenger claims - if you have been injured as a passenger in any motor vehicle (private car, taxi, bus) then the accident was most likely not your fault and you could be entitled to compensation.
- Pedestrian claims - drivers owe a high duty of care to pedestrians. While each claim turns on its own facts and circumstances, a driver who hits a pedestrian is unlikely to be blameless for the accident. Pedestrians involved in road traffic accidents are most often entitled to compensation for their injuries.
- Poor road conditions - potholes, black ice and spillages can give rise to dangerous conditions on the road. Authorities have a duty to maintain roads in good order. If you have been injured because of poor road conditions, you may be entitled to compensation.
Do not hesitate to contact us for advice and support with your case. Call us on 0800 988 8082 today
At Calio Claims, we are on hand to help you every step of the way. After you contact us, one of our designated case coordinators will take a detailed statement from you and we will begin to gather information about the accident circumstances, your injuries and any other losses you have suffered as a result of your accident.
Our lawyers will arrange an appointment with a suitably qualified medical expert who will review your records and examine you. They will then produce a medical report evidencing the injuries you have suffered and recovery prospects. This assists us when valuing your claim.
We aim to remove the stress from making a personal injury claim. We will handle all the necessary steps to reassure you as your case proceeds and work with great effort.
If you require treatment for your injuries, then we can put you in touch with various rehabilitation providers to assist with your recovery. This can include physical and psychological treatment, depending on your injuries. If you have undergone your own treatment privately, we recommend you retain proof of payment for this as we can include the costs in your claim.
At the outset of the claims process, our claims handlers will use the details you have provided to search the Motor Insurance Database (MID) for the motor insurer of the party you are holding at fault for the accident. Your claim will then be intimated on the insurer returned by the database search. It is therefore beneficial to obtain the registration of the other driver's vehicle.
If, however, you are injured in an accident involving an uninsured driver or are the victim of an untraced driver ("hit and run") then it is still possible to claim via the Motor Insurers' Bureau (MIB). The MIB is a not-for-profit company set up to compensate victims of uninsured and untraced drivers. At Calio Claims, our lawyers are experienced in dealing with the MIB on such claims and we can guide you through the process from start to finish.
The time limit for making a claim is three years from the date of the accident. It is important to note that settlement requires to have been agreed or a court action raised before the expiry of the three-year period. Otherwise, your claim will be considered "time-barred".
There are however some exceptions to the three-year time limit, for example in the following circumstances:
- If you are claiming compensation on behalf of a child, then there is no time limit until your child turns 16.
- From the age of 16, the three-year rule applies.
- If you are claiming on behalf of someone else who does not have the mental capacity to deal with a claim for themselves, then there is no time limit for making a claim.
If you were injured in a road traffic accident that was not your fault, it is therefore essential that you act quickly by contacting a solicitor as soon as possible to commence the claims process.
The exact value of your claim will depend on the severity of your injuries, together with any losses that you have incurred as a result of the accident. The compensation awarded to you will consider the following:
- the extent of your pain and suffering
- if you have had time off work following the accident, then it may be possible to claim for loss of earnings including lost overtime and shift allowances
- the cost of repair and/or replacement of items damaged in the accident, e.g. items of clothing, mobile phone etc.
- the cost of private treatment undertaken following the accident, e.g. private physiotherapy
We have various funding options that we are happy to discuss with you. Following initial investigations, we can often take many claims on a "no-win, no-fee" basis. We will also fund many reports and investigations required to confirm the merits and value of your claim.
If we are unable to negotiate settlement of your claim with the other side, then it may be necessary for us to raise court proceedings on your behalf. In those circumstances, we can provide competitive After the Event Insurance cover which protects you from any award of expenses if your claim is unsuccessful. Alternatively, if you have the benefit of Legal Expenses Insurance through your motor insurance policy, then we can liaise with the insurers on your behalf to agree funding arrangements.
In our experience, the vast majority of cases settle without the need for a court hearing. If you do need to go to court, then we would, of course, be on hand to explain the process and assist with any queries or concerns that you may have.
Contact our road traffic accident solicitors in Glasgow, Edinburgh, Perth and Dundee today
Our experienced lawyers can guide you throughout the entire claims process. We have years of knowledge of settling a variety of different claims from the most serious injuries sustained, to liability disputes and swift settlements for minor injuries. Whatever your claim involves, we will be able to assist you in achieving the compensation you are entitled to.