Road Traffic Accident Compensation Claims

Overview

Specialist in both car accident claims and motorcycle injury compensation claims
Motorists owe a duty of care to other road users
The motorist must exercise reasonable care especially in poor driving conditions that may lead to a car accident in snow and ice
Reasonable care means that of an ordinary skilful average motorist
A motorist, who fails to meet this standard of care, is responsible for any injuries and or damage and loss arising out of the accident
Common injuries sustained include whiplash injury claims
Usually after the head has been jolted forward or backwards causing a sudden extension of the neck muscles
This can vary in severity from a slight pain to serious disability and various factors can contribute to the extent of the injury
Although the speed of the crash and extent of the injury can be linked, this is not the only determining factor
The pain sustained may be present immediately following the accident or can begin a few days afterwards
The severity of the injury will determine how much compensation you could claim
Symptoms include headaches, pain in the neck, shoulders and arms, and dizziness. In severe cases, symptoms can include memory loss, problems concentrating, tinnitus (ringing in the ears) and depression

We recommend that you keep an injury diary – a contemporaneous record of your injuries and treatment
We always recommend that you seek professional medical advice
Our aim is to consider rehabilitation first
In many cases we can help arrange physiotherapy or other private rehabilitation at no cost to you
Due to the unpredictable nature of recovery from these type of injuries, we consider that it is important, for you to be confident in the prognosis for recovery
We always arrange for you to be examined by a specialist independent medical expert who has many years of experience dealing with these type of claims
Some insurers may be quick to contact claimants directly to make an early offer to settle whiplash claims, but make sure you insist on getting independent legal advice before agreeing to any compensation settlement

If the person at fault is uninsured then you can still bring a claim
The accident must have occurred on a public road or place where insurance is obligatory
If there is no insurance policy in force on the vehicle the claimant can pursue a claim through the Motor Insurers Bureau [MIB]
The MIB is a fund of last resort to “provide a safety net” for the innocent victims of uninsured motorists
In order to claim, the claimant must complete and submit a MIB claim form to the MIB
The MIB will not compensate a passenger where the claimant voluntarily allowed themselves to be carried in a vehicle which they knew or ought to have known had been stolen or unlawfully taken; was uninsured; or being used in a crime; or to escape lawful apprehension

If the Police are unable to trace the driver responsible then you can approach the MIB directly to see if they can help you
Common examples include the “hit and run” motorist or the motorist who provides false details
It is not always enough to get a valid registration number
The claimant must prove “on balance” that the untraced motorist caused the injuries sustained. Normally, a report of the incident will need to have been made to the Police to support the claimant’s contention that an untraced party was involved

We also deal with accidents caused by foreign drivers in the UK and also with claims arising from road traffic accidents within the European Union

Congestion has meant that the use of motorcycles has become more popular
Injuries to motorcyclists are far out of proportion to their presence on our roads. Motorcyclists are just 1 per cent of total road traffic, but account for 20 per cent of all Great Britain's road user deaths
The Highway Code recognises the dangers posed to motorcyclists, particularly from cars emerging from a junction into the path of a motorcycle or turning right across the path of a motorcyclist, and recent national campaigns have aimed at raising awareness of car drivers
http://www.dft.gov.uk/think/focusareas/motorcycling?page=Campaign&whoareyou_id=
Motorcyclists are more likely to be killed or injured in an accident than a car driver