|
Action Following Road Traffic Accidents
These are certainly amongst the
most common types of accident - from simple rear end
shunts to head on motorway crashes - resulting in personal injury
claims.
You may
be the innocent victim of a road traffic accident in
a number of ways. Here are a few typical examples
:-
-
Driver of a car in a
collision with another car. Here, you would claim
against the third party driver if he or she was at
fault.
-
Passenger in a car involved in a
collision with another car. Here the claim could be
against either the driver of your car or the the third
party driver depending on who was at fault. Remember,
the claim is usually paid by the insurance
company of the driver at fault.
-
Cyclist injured when falling off a
cycle after hitting a pothole in the road. The claim
would normally be against the local authority
responsible for the road.
-
Motorcyclist hit by another
vehicle. A claim would be directed to the third party driver at
fault.
-
Collision caused by driver
avoiding a dog not under the
proper control of it's owner. The dog owner would be
liable.
-
Pedestrian hit by a vehicle
whilst crossing the road. Depending on fault, the driver
may be liable.
If you are injured
in a road traffic accident, your personal injury
compensation claim would be against the person
or organisation at fault and that may be another driver, a motorcyclist
or the local authoirty. The claim
will usually be paid by an insurance company. Remember,
it may be possible to claim even if
a driver at fault was not insured or cannot be traced
and this would be by making a claim to the Motor
Insurer's Bureau.
To succeed in your claim, you
must show that the other party was at fault in some way. In the
case of another driver, you would have to establish that
his driving fell below the standard you could expect of
a reasonably skilled and prudent driver and this may be
because the other driver :-
-
Drove too fast in the
circumstances
-
Did not keep a lookout for other
vehicles
-
Failed to apply his brakes
properly or even at all
-
Performed
an unexpected manouevre without signalling or
warning
-
Drove through a red traffic
light
-
Failing to give way according to
road signs
In the majority of road traffic
accidents, it will be clear who is at fault and claims
will be settled fairly quickly. Where it is not
clear, it may be necessary to get the police
accident report, if there is one, or expert evidence.
Accident Aid will get these for you together with any
further evidence which may be required.
If you are involved in a road
traffic accident, there are certain steps you should
take :-
-
Take a
note of the third party's name, address and telephone number.
- Note the details of the third
party driver's insurance company and policy number (if
available)
-
Note the make, model and registration number
of the third party vehicle.
- Not the details of any
witnesses to the accident. Take this action quickly as witnesses are
unlikely to stay at the scene for long.
Independent witnesses may be crucial where liability is in dispute.
- Call the police if anyone is
injured in the accident, the third party driver leaves the
scene without providing his details or you believe a
crime may have been committed.
- If you have a camera, take photographs of
damage to vehicles, the scene of the accident and,
with his or her permission, of the third party
driver.
- If you or any passengers are injured, obtain
medical advice and treatment from your general practitioner
or hospital after the accident. Remember, some
injuries, such as whiplash, may not be apparent
for some days afterwards.
You will be able to get
compensation for injuries, damage to vehicles, clothing
and personal belongings damaged. Any out of pocket
expenses such as prescription charges and taxi
fares will also be recoverable.
If your car is not driveable, we
will arrange for it to be towed and stored may
be able to arrrange a replacement car for you whilst your
claim is being processed even if you do not have
the relevant cover on your own
insurance policy.
Call Accident Aid. We will
usually be able to tell you straight away whether you
have a good claim in principle, about any further steps
you should take and to arrange a replacement
vehicle for you in appropriate
circumstances.
|
