Why should I file an Injury Claim for Personal Injuries?
Are personal injury claims only for malingerers or money-grabbers? Absolutely no!
Personal injury lawsuits can get bad press from some places however they aren’t an “get rich quick” scheme. They’re designed to reverse in the best way that is feasible the negative consequences of the accident. You’ve suffered an injury, and therefore are legally entitled to compensation in the hope to correct the wrong.
Negative consequences of accidents on the roads can manifest in a variety of ways. While the most obvious is the physical injuries that you suffered in the crash, other consequences could cause just as much damage. This includes psychological issues as well as changes to your life quality and income loss.
Money alone is not able to erase all the negative effects of an accident, however the process of claiming compensation for personal injuries could be an excellent option in difficult situations.
A few good reasons to file a claim following an accident on the road are:
Aiding in your recuperation. For some types of injuries getting treatment early can be crucial in your recovery. The fastest way to get treatment is to pay it off privately, thus avoiding NHS waitlists. This can be challenging to do, particularly if finances are already tight because of the incident. When filing an injury claim for personal injuries the funding is usually obtained through a medical facility or through the other party’s insurance company. This allows you to get medical treatment as soon as you can without having to bear the cost.
Financial assistance – A road accident can impact all aspects of the way you live, such as your earnings. If you’re unable to work due to injuries, it could be a major source of stress and anxiety. Compensation can ease anxiety. In certain situations it is possible to get compensation secured before a claim has been completed by ‘interim payments’.
Redressing an injustice It wasn’t your intention to be hurt however, due to another’s negligent driving or negligence, you’ve suffered suffering, pain and negative consequences in your personal life. It is imperative to resolve this issue. In claiming, you could be awarded recognition for your experience as well as compensation.
A smart move when faced with a crisis – It’s unfortunate that the accident happened and can’t be altered. The damage you suffered caused by the accident, regardless of regardless of whether you seek damages or not. Making the claim for compensation you’re legally entitled should at the very least give you a chance to claim compensation for the losses you suffered.
What should I do if I’ve Been Affected In An Accident on the Traffic Traffic Accident?
After an accident, there are a variety of ways you can aid your situation and establish the foundation for an claim. It is essential to avoid some of the most frequent mistakes that personal injury victims make.
Your health is the top priority. Getting better and stopping your injuries from becoming worse is the main goal after an accident. This includes getting medical treatment and seeking treatment when is necessary. Any action that is based on a potential claim should be taken after you have made sure that your health is protected.
Getting medical attention can also help your claim. Visiting your doctor or hospital guarantees you get the medical care you require. It is also helpful to record the injuries you sustained in the incident. The hospital and your doctor’s records will then serve as a solid foundation for proving your claim.
Talk to a specialist personal injury lawyer you trust . It is recommended to talk to a lawyer as soon as you can. This will give you an expert opinion from the start and is beneficial when preparing an claim. Following an accident is a confusing period and hiring a reliable lawyer can assist you with this as well. You are likely to be contacted by a variety of companies such as your insurance company, the insurance company for the other driver hiring car companies, garages, companies that manage claims and others. If you choose to hire your solicitor initial stage, it will give you a reliable source of information who is acting in your best interest – who will be able to communicate with the various people on your behalf when required.
Keep all the evidence you can. If you’re considering filing a claim, evidence at this early stage is vital. Evidence is the most important element in any claim for personal injuries. getting it in place as quickly as possible following the accident will significantly increase your chances of winning. It is possible that you did not gather evidence immediately following the incident (something that is normal considering the circumstances) however, there are ways to gather evidence even after a certain amount of time has passed.
Revisit the scene and snap photos if it is possible and secure to do this.
Keep a “pain diary” in which you record the progress in your injury.
Keep the records, receipts, and proof of any costs you incur for treatment and the care you receive.
Find out what you are able to file a road traffic accident claim for below and for more information about the kind of losses to keep track of.
Cold-callers
Be wary of callers telling you that their records show that you were injured in an accident’, or similar. In nine out of ten cases the caller’s message will be an accident and a general statement to each and each random number they call. It can also be frightening when you’ve just experienced an accident and a mysterious phone caller appears to know everything about the incident. If you’re unsure if the person who is calling you is related to the accident that you had You could refer them to your solicitor. If there’s a valid motive behind their phone contact, they may talk to your solicitor about this. If not, you’ll probably never be contacted ever again. This is a great method of getting rid of the wasteful people!
Can I File a Claim?
The primary requirement for filing claims is to make it within three years from the date the incident. There are many factors that can impact this however. For more details, read the question ‘What’s the maximum time frame for an insurance claim following an accident on the roads? The answer is below.
However, there are some situations that could cause you to question whether it is possible to file an claim. Here are a few of the most frequently asked questions:
I believe that it was my fault.
If the incident was truly your fault, you’ll not be eligible for compensation. However, it’s important to speak with a solicitor to investigate your specific circumstances. You may be judging your actions too harshly.
Additionally, the liability of an accident may be settled through a’split liability’ basis. This means that the ‘fault of the incident is divided among the parties, typically by percentage. If the two parties involved in an incident are both believed to be equally responsible the liability will be divided 50/50 between the two. If one of them is pursuing an injury claim for personal reasons and is successful, they’ll be able to pursue compensation, but the amount of compensation will be decreased by 50 percent. This would take into consideration the individual’s share of responsibility.
Naturally, this is an award for compensation. This can help financially in the aftermath of an injury or the losses you’ve suffered. Even if you are sharing part of the blame for an accident on the road A personal injury claim could be worth it.
I didn’t have a seatbelt on.
If you didn’t wear your seatbelt during the accident, it does not impact your right to receive compensation, however, it could alter the amount of compensation you are awarded.
The use of a seatbelt may not have prevented the accident from occurring, but it might have stopped or diminished the extent of the injuries. Failure to wear a seatbelt can be viewed as “contributory negligence” by you.
Contributory negligence basically means that your conduct was a factor in the injury you suffered during the crash. If you did not wear your seatbelt, it was your fault for failing to take reasonable measures to ensure your safety.
If you don’t wear a seatbelt this doesn’t mean there’s a chance to find a case of negligence that contributed to the accident. It all depends on the type of injuries that you’ve sustained and the advice of a medical professional. Experts may conclude the seat belt wouldn’t not have affected the injuries you sustained. If this is the case, there will not be any reduction in the amount you are entitled to.
In situations where a seatbelt might have helped and reduced the amount of compensation. It could be as high as 25% in cases in which a seatbelt could have stopped your injuries completely. It is a smaller reduction (usually about 15 percent) in the event that your injuries would have been much less serious if you had not worn an appropriate seatbelt.
The driver behind drove off without leaving their contact information
Drivers involved in road traffic collisions are legally bound to stop and give information at the scene. In the absence of this, it is a crime. However, it doesn’t prevent it from happening.
If you are capable of obtaining the registration number of the other driver’s car and license plate, you can use it to locate their insurance details (if there are any). It is evident that this isn’t straightforward if you’ve have been involved in an accident, and the other driver has left the scene.
There’s still a chance of filing a claim however. Your claim will be handled by an organization called the Motor Insurance Bureau. They will try to locate the driver who hit and ran however, if they are unable to find them, they’ll take care of your claim similar fashion to the insurance companies would handle it – the payment of your compensation upon the basis of a successful claim.
These types of claims are generally known as non-traced claims by drivers.
The driver who drove me did not have insurance, or provided me with incorrect or false information.
You are able to file an injury claim in the event that the other driver isn’t insured. False insurance details aren’t generally a problem as long as you own the registration of your vehicle because it allows the insurance companies of the car to be traced.
When the automobile is insure but the driver wasn’t legally insured for driving it usually the insurance companies for the automobile will come in to handle your claim regardless.
In the event that there is no legal insurance coverage You can file an application by contacting the Motor Insurers Bureau. They’ll act similarly to an insurance firm and pay the amount owed if you prove your claim.
In a traffic accident involving a foreign-registered vehicle
This is another scenario where the Motor Insurers Bureau could be involved. If you resided located in the UK and a vehicle that was registered in a different country, like a lorry, for example that caused the accident, you might be eligible for a claim. The Motor Insurance Board is part of in what’s known as”green card. This helps them locate and contact the appropriate insurer for that foreign car.
Contrary to claims that are uninsured, untraced, or untrac however The Motor Insurance Board will typically not step in to handle the claim. Instead your claim will usually be handled by representatives from the UK appointed by the foreign insurance company.
If you’d like more details about these kinds of claims, please get in touch with us.
I was away at the time of the incident.
Accidents that occurred on the roads during your travels could also be liable under certain conditions. Much will depend on the nation in which the accident occurred.
If you’re able file an claim, it’s most likely that it is the Motor Insurance Bureau , or an agent based in the UK of an insurance company from abroad who will evaluate your claim.
Because these cases are often difficult, if you’ve had to deal with a traffic collision at a foreign location, you should to speak with us about your situation.