Road Traffic Accidents
Road Traffic Accidents
If you have suffered personal injury as a result of a road traffic accident that was not entirely your fault, then we can advise you whether you have a good case for claiming compensation.
We deal with claims on behalf of drivers, passengers, motorcyclists, cyclists, pedestrians and horse riders.
In most cases the claim can be pursued against the insurance company for the person who was responsible for the accident. If that person did not have valid motor insurance, then in many cases the claim can be pursued against the Motor Insurers’ Bureau (MIB).
If the motorist who is to blame for the accident cannot be traced, then again it may be possible to pursue a claim against the Motor Insurers’ Bureau.
Even if you were partly to blame for the accident, you may still have a good claim for compensation. If your opponent proves that you were partly to blame then the amount of compensation would be reduced to take account of contributory negligence. Similarly, if you were not wearing a seat belt, then there may be a deduction from the compensation and this is normally a reduction of about 25%, if the injuries would have been avoided altogether if a seat belt had been worn; and a reduction of 15%, if the injuries would have been significantly less serious, if a seat belt had been worn.
The different types of compensation:
The compensation for personal injuries is usually known as “general damages” or “damages for pain and suffering and loss of amenity” (PSLA). This part of the compensation will depend upon the nature of the injuries you have suffered, the way in which your life is affected by the injuries and also upon whether you make a full recovery or will be left with any long-term symptoms.
In addition to compensation for the physical injuries, you may be entitled to compensation for the psychological impact of the accident and its consequences.
Other types of compensation:
In addition to general damages, you may also be able to claim for financial losses arising from the accident. These are known as “special damages” and might include loss of earnings, the value of items damaged in the accident, the cost of any private medical treatment and care and assistance (or the value of such if it is provided voluntarily – e.g. by a family member or friend), extra travelling expenses and the cost of items purchased to enable you to cope better with the injuries.
For more information, complete and return our Personal Injury or Civil Litigation form. Alternatively, contact David Scott