Road traffic accident claims can be made depending on the type of accident that has happened. Such claims are put in place to protect car drivers, pedestrians, passengers, cyclists and bikers, and road traffic accident claims can be made for both direct and personal injuries such as;
• Whiplash injury
• Airbag injury
• Seat belt injury
• Child restraints injury
A road accident can occur because of numerous reasons. No matter what the reasons are however, you must be able to prove that the person you are making the claim against was in the wrong. Most car accidents occur mainly because of;
• Negligence – this can range from mobile phone use, eating or drinking, changing music in the car, to alcohol or drug consumption while driving.
• Weather conditions – Road accidents can occur in many instances due to perverse weather conditions such as snow, rainy weather and icy roads.
• Recklessness – driving with no concern for traffic signs is another major cause of road accidents. Speeding too can be termed as recklessness and distractions in or outside of the car can also lead to road mishaps.
• Poor road maintenance – poor roads are another leading cause of road accidents. Construction, poor road signs and potholes are examples of poor road maintenance.
• Car malfunction – cars will in most cases have a system failure system where one of the devices may have stopped functioning. Common equipment that may fail in the car include the brakes, poor road tyre traction and steering wheel malfunction.
What To Do If You Are Involved In A Road Traffic Accident
Even though a lot of confusion takes place after a traffic collision, there are a few things you should be sure to do if you are involved in a road traffic accident.
These few steps will help ease the road traffic accident claims process, so be sure to do the following if you can;
• Share information with the other party. This includes phone number, names, insurance details, addresses and car registration numbers.
• Take photos of the accident. This is a helpful precaution as it gives vivid details of the collision. In addition, it will help you to keep track of where the accident occurred.
• Write down the model of the other parties car, the colour, year and the amount of damage suffered.
• If there are any witnesses around, take down their information as well.
• Be sure you note down who the owner of the car is in case he/she was not the driver.
• Refrain from discussing the accident. Issues such as who was in the wrong, how to go about reporting it to the insurance companies etc. should be avoided.
• Make sure to report the accident to the police just in case of future disagreements with the other party.
• Inform your insurance company of the accident as well. This should be done as soon as possible.
The Road Traffic Accident Claims Process
Road traffic accident claims should be made after the accident occurs. Seek medical assistance following the accident, ensuring that you get a diagnosis from the doctor as this will be useful when making your claim. This information is helpful because it indicates the details of your injury and the costs which have been incurred.
Here in the UK, it is advisable to seek legal representation to help you through the claim. Since most people usually have car insurance, the claim should not be difficult to complete. Before taking up the legal service option, ensure you understand how much the process may cost.
How To Claim For A Road Traffic Accident
Road traffic accidents can result in a variety of injuries from relatively minor cuts and bruises to more serious life-threatening injuries. The process of gathering the relevant evidence to pursue a claim for negligence and liability can seem daunting. However, we have many years of experience in pursuing road traffic accident compensation claims and can assist you in the initial information gathering process.
Once we have agreed to take on your claim we would immediately set up a free medical examination in your local area. This allows us to take advice from qualified third parties who will confirm the severity of your injuries and estimated recovery time. These elements are central to any RTA compensation claim as they will dictate the potential loss of earnings, additional costs and how the injuries may impact areas of your working and personal life. We would also look to gather additional evidence such as photographs and witness statements, where applicable, together with CCTV footage if available. These would be presented to the courts in conjunction with your account of the incident.
Where there is strong evidence of negligence there may be an opportunity to secure an early compensation part-payment to cover immediate expenses (which would be included in and then deducted from any final award). The vast majority of road traffic accident compensation claims tend to be settled out of court when there is irrefutable evidence and the defendant wishes to minimise their financial exposure. Out of court settlements are effectively roundtable meetings, in which we have significant experience, where representatives of the claimant and defendant will seek to agree a compensation award.
In instances where it is not possible to come to an agreement, or negligence in the RTA claim is disputed by the defendant, your case will go before the courts. At this point we will present your case to the judge and if you are called as a witness we will guide and advise you. It is nowhere near as daunting as many people assume and we will be with you every step of the way. Your road traffic accident claim will be handled in a professional manner as we look to maximise the level of compensation.
Evidence In RTA Claims
To be able to make an effective RTA claim, proof has to be provided that indicates the accident was due to the other party’s negligence. We will assist you with gathering all the evidence required to make a strong claim.
To go about this, hospital documentation is necessary, which will show a list of injuries suffered as well as costs incurred. As mentioned above this will be arranged for you in your local area and is required to establish what compensation could be claimed for regarding issues such as your pain and suffering.
Any days missed from work should also be included as proof of loss of income due to the accident. Road traffic accident claims could otherwise be unsuccessful without such proof. In addition, to determine how much compensation for a car accident claim for example should be awarded, the documentation is vital.
These are the necessary steps to go about making a personal injury compensation claim;
• Get in touch with a road traffic accident solicitor to handle your claim.
• Present your personal information, which includes name, address, phone numbers etc.
• Date and details of the accident should also be presented. Whatever information you collected on the day of the accident or thereafter is also required at this point.
• Any police reports, as well as reports and diagnosis from your doctor, should be submitted.
• Present the other party’s name as well as names of any witnesses.
Once all this information is given, your solicitor will handle the RTA claim. If he/she requires further information you will be notified, especially if it is pertaining to the state of your recovery.
Compensation for each claim varies. Personal injuries can range from anything under £1,000 to over £200,000 depending on the severity of the injury. Whiplash injury compensation can vary between less than £800 to £5,000 or over while airbag injury compensation can start from £2,500.
If you have any queries or questions regarding claiming compensation please call us on 0800 6524 881 or contact us by using the form on the page or through the contact page and we’ll be happy to answer them.
Though it is better to avoid collisions and in case you are involved in one, adhere to the above steps and you might just see your road traffic accident claims get you compensated.