Have you been in a road traffic accident and it was not your fault?
If you were involved in a road traffic accident where another driver was at fault then you could be entitled to compensation.
Road Traffic Accident means ‘an accident resulting in bodily injury to nay person caused by, or arising out of, the use of a motor vehicle on a road or other public place in England and Wales….’
Compensation can be awarded to you for any injuries you have sustained, any losses you have suffered for example vehicle damage costs, loss of wages if you were off work due to your accident and any treatment costs etc.
There are different types of accidents, you may have been a pedestrian, a cyclist, a passenger in a vehicle or on a bus. You could still be entitled to compensation.
If you are injured in a road traffic collision, it is important that you do the following immediately after the accident (if possible);
1.Take the details of the person who was fault. You should ask the other driver for their name, address and details of their insurance company. If the other driver is not co-operative then you should contact the police who should assist in exchanging these details.
2.Take any details of any witnesses.
3.Take any photographs of the damage caused to all vehicles involved ensuring that vehicle registration plates are also visible.
4.Take images of any landmarks or of the surrounding area to demonstrate the exact accident location.
The above pieces of information will assist in supporting your case especially if the case proceeds to Court.
To pursue your claim for compensation then there is a claims procedure that needs to be followed:
• Once you have provided your solicitor with the details of the claim, they will submit these details on a Claims Notification Form (CNF) electronically to the Defendant Insurer.
The CNF will require details such as; your personal details, details of the accident circumstances, details of the at fault driver, details of any other losses, whether there were any passengers in your vehicle, details of your injuries, whether you have sought medical attention etc.
• The Defendant must send to the Claimant an electronic acknowledgement the next day after receipt of the CNF. The ‘Claimant’ is known as the individual making the claim for personal injury.
The Defendant must complete the ‘Insurer Response’ section of the CNF (‘the CNF response’) and send it to the Claimant within 15 days.
When a Solicitor is instructed any documents will be sent to them and not to the Claimant directly.
• If the Defendant Insurer fails to respond to the CNF or if they respond and state liability is denied then the claim will no longer continue under the personal injury protocol and will proceed under the Pre-Action Protocol for Personal Injury Claims which allows the Defendant Insurer three months to investigate the claim and provide relevant documents in support of any denial of liability.
If your case has prospects of success, then Court Proceedings may need to be issued once medical evidence has been obtained.
• If, however, liability is accepted for the accident, medical evidence will need to be obtained by your solicitor from an independent medical expert. You will be required to attend a medical examination where a medical expert will assess the extent of your injuries and will provide a timeframe for recovery. The information will be inserted into a medical report which will be sent to your Solicitor.
That medical evidence, once approved by you, will be sent to the Defendant Insurer as part of a Settlement Pack. This Settlement pack will include details of your financial losses and an offer to settle which you have agreed with your Solicitor.
The Defendant Insurer may then accept your offer to settle or make a counter offer to settle within 15 days. A further period of 20 days is allowed for additional negotiations to try and settle the claim.
If the parties cannot agree a settlement figure then the case will proceed to a quantum hearing and a Judge will decide how much compensation you should receive.
How much am I entitled to?
You may be wondering how much compensation you will be entitled to. There will be factors considered to calculate the level of damages you receive. Example of the factors will be, the injuries suffered, the extent of your injuries, the time you have taken off from work and details of the level of pay you receive, if there has been any further treatment recommended to you by the medical expert etc. Therefore, each individual case will be different.
If you have an enquiry regarding any of the above issues please telephone us and ask to speak to a Personal Injury solicitor for a free no-obligation discussion.
