Introduction
It’s probably the worst nightmare of any driver – being involved in some sort of collision. Aside from the potential for serious injury and even death resulting from a crash, there’s many other implications too that are all too frequently involved, including financial, emotional, insurance, and more – not to mention just simply the inconvenience that a minor prang can cause.
You’ll notice I’ve written ‘collision’, as opposed to accident. The reason for this is very simple in that most of the time there isn’t an accident, as someone has been at fault. That’s not to suggest however that a crash has been or was deliberate, but it’s worth bearing in mind that some callous individuals will do exactly that in order to try to make a claim – I will cover this later.
However, there can be no doubt that the vast majority of people who are involved in collisions are law abiding individuals who at times do end up injured, which is where a personal injury claim come into pay. You may have seen the advertisements on television – essentially what these claims mean is a way in which to get some financial recompense for the injuries that have been suffered.
Collisions
The following is taken from the website of Surrey Police with regard to what you are legally obligated to do if you are in a crash:
When damage has been caused – to another vehicle, property, person or animal – you must stop and give your name, address and registration number to the other person(s) involved. In the case of injury, you will have to show your insurance certificate.
However, if you are unable to produce any of the above documents, or there is no one else around to whom you can give the relevant information, then you must report the accident to a police station or officer as soon as possible, within 24 hours of the incident.
If there is another driver involved in the accident and they fail to stop, write down their registration number and report it to the police. If the accident is serious, do not attempt to move any of the vehicles. The positions might well be important to any ensuing investigations.
Compensation
There are actually quite a wide variety of bodies that can and do assess and reward compensation. They include:
• Consulting with a qualified claims assessor
• Taking full legal action against another party
• Using CICA (Criminal Injuries Compensation Authority)
• Specialist schemes ran by the government
So how much can you actually get from compensation? Well, that’s a tricky one to answer, as there are so many different factors that can come into play. What is true is that there are ‘general’ damages which covers things like compensation for pain and bodily injury. ‘Special’ damages however can cover loss of earnings, meaning you shouldn’t be put out of pocket, provided your claim succeeds.
Making a claim
To start a claim, you need to ensure that you have all relevant details – and that another person was responsible for the accident. Provided you are able to do so, take photographs of the area including several from different angles of the collision itself.
Take down witness details and give the fullest account you can to the police, should they attend (this is probably a good step if you are going to make a claim). Any costs incurred arising from the accident should be fully documented and receipts should be kept.
Provided you are ready to do so, you should now start to look at the variety of solicitors and other companies that deal with personal injuries compensation claims. All of them will have different means of working, with some requiring a fee ‘up front’, whilst others will work on a ‘no win, no fee’ basis.
No win, no fee
If you’re familiar with the term but aren’t sure how it works, allow me to explain it. Simply put, if the case is a loss, then you shouldn’t be liable for the costs incurred in the administration of the action (however, look carefully at the small print, there may be a nominal fee to pay). However, if the personal injury compensation claim succeeds, the company dealing with it will take a percentage of the cash that is awarded.
Another way in which ‘no win, no fee’ companies make a return is by seeking to recover their costs from the insurance company of the other party (as well as the accident compensation award). This is one of the reasons why insurance costs can be so high!
Untraced Drivers
As discussed above, every driver has certain legal requirements that they must meet in order to ensure they do not break the law when involved in a collision. However, some unscrupulous individuals continue to flaunt their legal and moral obligations, by failing to provide their details. The Motor Insurers’ Bureau runs The Untraced Drivers’ Agreement 2003, which provides a way in which to make a claim.
Accident cover included in insurance
Read the small print of your vehicle insurance very carefully – some insurers will provide an exact breakdown of what kind of accidents are covered and how much they pay for specific types of injury. This is especially prevalent in policies for motorcyclists for example, who are, generally, more vulnerable road users.
Payment for hospital treatment
You may find that, should you receive personal injury compensation, that the NHS trust responsible for your care attempts to recover the cost of your treatment via the Injury Costs Recovery Scheme. It is worth making sure that you’re aware of this factor and if you’re not sure or unclear as to your rights and responsibilities, make sure to consult a suitably qualified solicitor or other legal representative.
A note on false claims
Unfortunately (and perhaps as a sign of the times), there are some who commit fraud and deliberately set up ‘accidents’ in order to make false claims for financial gain. Not only is this completely against the law, but it can put the lives of others in danger. Essentially, the best advice for dealing with these criminals is to stay vigilant and if a collision does occur and another party is responsible, take down as many details as you can – this may be the only way in which you can protect yourself from this kind of immoral and illegal activity.
Conclusion
With the best intentions in the world, sometimes we do get hurt out on the road. However, it is good to know about how to at least begin a claim, and whilst I do hope that you never have to, perhaps this has provided you with at least an idea where to start. Stay safe on the road.
Useful links
Motor Insurers’ Bureau
Brake
Citizens’ Advice Bureau
The AA
The RAC
Highways Agency
Institute of Advanced Motorists
A car injury can turn your life in such a way it is going to be suffer a lot.