Road Accident Claims – Frequently Asked Questions
Frequently asked questions regarding road accident injury claims
Q: What steps should I take after a road accident?
There are a number of steps that can be taken after a road accident which will help to prove any later claim for personal injury compensation. For further details click here.
Q: Can I claim if the road accident was partly my fault?
A: YES. You are entitled to claim compensation for personal injury and loss if you have been injured as a result of a road accident that was not your fault. However, even if you feel that you were partly to blame for the road traffic accident you should still seek our advice as you may still be entitled to make a claim. If you are found to be partly to blame or your actions have contributed to the accident you can still claim compensation but your final award of compensation will be reduced to reflect the fact that you contributed to the accident. However, depending upon the severity of the injuries sustained the final award can still be significant even in cases where the claimant is partly to blame for the accident. We have previously recovered over £100,000 for a motorcyclist who was injured in a road accident for which the motorcycle rider himself was 75% to blame.
Q: Can I claim compensation if the road accident was caused by an uninsured driver?
A: YES: If you sustained injury in a road accident caused by an uninsured driver or rider you can still make a claim for compensation for personal injury and loss. In cases involving an uninsured driver or rider the claim would be submitted to the Motor Insurers Bureau which operates a scheme to provide compensation to the victims of uninsured drivers and riders. We can act on your behalf in pursuing a claim via the Motor Insurers Bureau if you are the victim of an uninsured driver.
Q: My own insurance company want to appoint a solicitor to act for me. Do I have to use the solicitor appointed by my insurance company?
A: NO. Many people have the benefit of legal expenses insurance attached to their motor insurance policy. Even where there is no legal expenses cover your motor insurer may offer to appoint a solicitor to deal with your claim. However, you are not obliged to use the solicitor suggested by your insurers. You are free to choose your own solicitor.
Q: What should I do if the opponent’s insurance company or their solicitors offer to deal with my claim?
A: Obtain your own independent legal advice. In recent years it has become more and more common for your opponent’s insurance company to offer to deal with your claim for compensation for personal injury directly or to appoint a solicitor to act on your behalf. You may find that after an accident you are contacted by solicitors who have been passed your details by the insurance company.
We would strongly recommend that you do not agree to deal directly with the opponent’s insurers or solicitors appointed by them without taking your own independent legal advice.
It is important to remember that the insurers and their solicitors are acting in the best interest of the insurance company and not in the best interests of you the injured party. This means that there is a conflict of interest which will often result in offers to settle a claim at an amount which is much lower than the amount to which you are entitled. You should remember that you are entitled to obtain your own legal advice and that you are free to use an independent solicitor of your choosing who will act in your best interests not those of an insurer.
Q: Can I make a personal injury claim if I was not wearing a seat belt?
A: YES: If you were not wearing a seat belt at the time of the accident this does not prevent you from making a claim. However, the final amount of your compensation may be reduced if it is shown that use of a seat belt would have prevented injury or reduced the severity of any injury sustained.
Q: Do I need to report an accident to my motor insurers, even if I am not making a claim on my policy?
A: Yes, this is usually a term of the policy although it can be done for notification purposes only. Read more here.
Q: Why should I choose Beckett & Co to handle my road accident personal injury claim?
Click here for information about us and why you should let us act on your behalf.
Any more questions? Contact us for answers!