Frequently asked questions in relation to making a road traffic accident claim.
Below are a few examples of road traffic incidents for which you may be able to make a compensation claim: –
- A driver or passenger who is injured due to the negligence of a third party. For example, if the third party should drive into the rear of your vehicle.
- If you are a pedestrian, who is struck by a moving vehicle.
- A passenger in a vehicle, this can include passenger in taxi’s and buses.
- A Motorcyclist who is involved in a collision with a vehicle.
- A Cyclist being hit by a car.
- Or simply two vehicles colliding.
Should you be unfortunate enough to be involved in a road traffic accident that wasn’t your fault, here are our top 5 frequently asked questions: –
- How much compensation am I likely to receive?
- This question is the most difficult to answer. When placing a valuation on a claimant’s road traffic accident claim and how much compensation is likely to be awarded, your solicitor or legal representative will look at your injuries, if it is a single sited injury (one injury such as whiplash to the neck) or there are several injuries (multi sited), (such as whiplash to the neck and back) and how long it takes for those injuries to be back to the way they were before the accident. Do you as the claimant require physiotherapy treatment or are you already currently undergoing the same? How long will the physiotherapy last for? All in all, how much your claim is worth is based on the type of injuries you have sustained and their duration. At the beginning of a claim it is very difficult to answer this question and often medical evidence will be obtained before a valuation can be placed on your claim.
- How much money is deducted from my compensation to contribute towards my solicitors’ fee?
- Since 1st April 2013, a new law came into place that changes the costs which can be recovered from your opponent. Now, most costs are recovered however a small element, called a success fee if not recoverable. As such, solicitors are now asking clients to pay the short fall by deducting this small unrecoverable amount from compensation. The usual deduction is up to 25% of your damages, much depends on how much the claim is settled for and how much your solicitors recovers in costs from your opponent.
- What is the duration of the claim?
- The duration of your claim will depend on what injuries you have sustained, the severity of those injuries, how long your injuries take to recover, how complex your injuries are and has the person responsible for your accident admitted fault. Until the above are established, the duration of your road traffic accident will vary.
- Will I need to attend Court?
- In the majority of road traffic accidents, the answer is no, however, there are a small number of road traffic accident matters that will reach the Court.
- Do I have to have a medical examination?
- If you have been injured in a road traffic accident, you should seek medical assistance from your doctor, local walk in centre and in some cases from hospital. You will also require an independent medical examination which will be arranged for you by your solicitor. This medical expert will produce a report, which will enable your solicitor to establish what injuries you sustained in the road traffic accident, the severity of those injuries and their duration.
If you think you may need advice on your accident, contact a member of a Personal Injury Team today.