Your All-in-One Guide to Road Traffic Accident Claims: The Essential Facts
Road traffic accidents are an all-too-common occurrence on UK roads, and whilst some are not so serious, there are those which can result in disastrous consequences such as injury. But if you have been involved in a road accident and have sustained injuries, what do you need to know so you can claim compensation? Here’s your all-in-one guide to road traffic accident claims: the essential facts.
Claims under the law
Under UK law, specifically the Road Traffic Act of 1999, you may be entitled to compensation for an injury if you have sustained the injury during an accident such as a vehicular collision. Injuries sustained as a pedestrian or due to an animal or debris on the road as well as obstructions on the road (such as utility poles or trees) can also entitle you to compensation. The law gives you protection regardless if you are a pedestrian, the driver of a vehicle, or the passenger in a vehicle.
Under the law, it might be possible for you to claim compensation for any financial loss you may have incurred following an injury, as well as for the financial loss you may incur in the future due to the injury. You can make a claim for lost wages, medical expenses, and repairs to a vehicle.
Establishing your claim
For you to receive compensation, you need to establish the fact that your injury was a result of the road traffic accident. You must also be able to prove that the defendant is responsible for the road accident. The good news is that the courts acknowledge that all users of the road have a duty of care to other road users by default, and this would include cyclists, pedestrians, and drivers. Because of this, it is possible that the defendant in a claim will be held accountable for injuries.
Partial responsibility for a road traffic accident
According to our experienced personal injury solicitors, if you were injured in a road accident but have partial responsibility for the accident, you can still file a claim. The same is true if your injuries became worse due to your own actions (which include not putting on your seatbelt).
If the accident is caused by both parties, the claim for compensation is often resolved with what is referred to as a ‘split liability’ agreement. With this agreement, you may still receive compensation, but not as much as when you are purely the victim. If the court determines that you are responsible for your own injuries by about 25%, for example, then your compensation will be 25% less.
Bear in mind that filing a claim for a road accident has a time limit of 3 years from the date of the accident, and this is why starting your claim as early as possible is highly recommended by the experts.