Can I Claim for an Accident that was my Fault?
To claim compensation you will need to show that the accident was the fault of another person or organisation. If the accident was completely your fault it is highly unlikely that you will be able to make a claim.
If you were partly at fault, however, you may be able to make a claim.
Compensation is paid when a person has suffered injury or loss as a result of some negligent act or breach of duty by another person or organisation. In other words, you can claim compensation if your injury was negligently caused by someone else. The claim is brought against the other person or, more usually, against the other person’s insurance company.
What is a ‘non-fault accident’?
In the context of personal injury claims many solicitors refer to making a claim for a ‘non-fault’ accident. This refers to an accident which has resulted in injury to you and which was not your fault.
There is no automatic right to compensation. Some kind of legal fault will have to be proved against another person if the claim is to be successful. There may be some cases where you are not to blame for the accident but at the same time it is not possible to prove that legal liability for the accident rests with someone else.
It is important to seek the advice of a solicitor to establish who is legally to blame for an accident and whether a claim for compensation can be made.
What if I caused, or partly caused, the accident?
There are some cases when you will clearly be at fault for causing an accident. For instance, if, as a result of your own error, you lost control whilst driving your own vehicle and had an accident that did not involve any other vehicles. In this case it would not be possible to bring a claim for compensation because there is no other person to bring a claim against.
Generally, if you are injured as a result of an accident that was your fault you will not be able to make a claim for compensation unless another person or organisation was also partly to blame for the accident.
If you are partly to blame for causing an accident you could still bring a compensation claim.
For example, if you are 40% to blame for an accident and another person is 60% to blame you could still make a claim against the other person. In such a case your final award of compensation would be reduced by 40% to reflect your share of the blame.
Apportioning blame after an accident can be complex. We would always recommend that you seek independent legal advice before accepting any liability for an accident. We are happy to discuss this in a free consultation.
How do I know who is to blame for an accident?
In some cases liability for an accident is very clear from the accident circumstances. However, the laws and rules that relate to personal injury claims can be complex and in many cases it will not always be obvious to you that a claim can be made. You should therefore contact a solicitor for advice regarding the particular circumstances of your accident and whether a claim can in fact be made.
Which kind of personal injury claim would you like to know more about?