Car Accident Compensation Claims
We have over 25 years experience of acting for people injured in road accidents. We are recognised as one of the leading firms in this area by the independent Chambers and Partners and The Legal 500. Whether you are the driver or passenger, a cyclist, motorcyclist or pedestrian, or hit by an uninsured or untraced driver, or the accident is caused by the road conditions, we can help you obtain the compensation to which you are entitled. We are recognised for our expertise in road accident claims by RoadPeace, the national charity for road crash victims; we are on their panel of legal experts.
Unfortunately road accidents can cause the most devastating injuries. Our personal injury solicitors have the necessary experience to act for people who have suffered the most serious injuries in road accidents, including brain and spinal injuries, loss of limb and death.
We will come to see you or your loved one in hospital or at home to give advice about making a claim.
Our expert personal injury solicitors force the pace of the litigation to ensure interim payments are obtained as early as possible, and cases are concluded on the best terms. Contact us to discuss your claim in more detail.
Claims on behalf of drivers
If you were injured in a road accident and you were driving at the time, it may not be clear whether you or the other party was to blame. There may be issues such as speed or uncertainty as to who had right of way for example, it may be your word against the other driver’s word. Whatever the circumstances, we can provide you with advice about making a claim because over the last 25 years, we have dealt with every scenario of road accident. We have experience of accidents involving:
- Changing lanes
- Failure to give way
- Excessive speed
- Rear shunts
- Emerging from a side road or a parked position into your path
- Failure to observe traffic lights
- Misleading signals
- Crossing over the central white line.
When the person bringing the claim is partially responsible for the accident, the legal term used is contributory negligence. If you contribute to the accident, it simply means that the amount of your compensation is reduced by the same percentage for which you were to blame. Therefore, if you are found to be 20% to blame, your compensation would be reduced by 20% but it will still be worth making an accident compensation claim.
Claims involving untraced or uninsured drivers
If you are injured in a road accident involving an untraced or uninsured driver, you will need specialist legal advice. Drivers must have third party motor insurance to meet any personal injury claim brought against them, and claims against untraced (hit and run) drivers or a driver who does not have insurance, are dealt with by the Motor Insurers Bureau (MIB). The MIB is an organisation set up by motor insurers as a compensation fund of last resort, and they will meet accident claims by road traffic accident victims in these circumstances. If your road traffic accident was caused by a hit and run driver, it is very important to contact the police as soon as possible and cooperate with them.
How much compensation will I get?
If your car accident claim is successful, you will be entitled to compensation.
Pain, suffering and loss of amenity
You will receive compensation for the actual injury itself and your pain and suffering and for the things that you cannot do as a result of your injury (known as loss of amenity), which can include things like hobbies.
The amount of compensation that you are entitled to for this aspect of your claim will depended on the nature and extent of the injuries suffered for example how serious the injuries are and how long the symptoms last for. This part of the claim is assessed with the assistance of an expert medical report(s).
We will arrange your medical examination with the best medico legal experts in the field which could include for example an orthopaedic surgeon, spinal, surgeon, neurologist, psychiatrist, plastic surgeon.
In assessing this aspect of your claim, our specialist personal injury solicitors will consult guidelines called the Judicial Studies Board Guidelines which give brackets in respect of particular personal injuries – for example for a broken leg, depending on severity, around £12,500. In addition we will thoroughly research case law to find cases where claimants have suffered similar injuries to you and use our extensive knowledge, experience and judgement to assess the value of this aspect of your claim.
You will also receive compensation for your financial losses and expenses – both past and future. Your financial losses are assessed according to the evidence that we obtain to show what you have lost. This can include loss of earnings, medication and treatment, travel costs to and from hospital appointments, and the cost of any care and assistance you have had. In terms of loss of earnings it may be necessary to instruct financial experts to assist for example an accountant (possibly a forensic accountant). We can assess exactly what evidence is needed and instruct the right people for the job.