Who can claim injury compensation?

Any one can claim compensation for an injury they receive as a result of a road accident provided it resulted from the negligence of other(s).

A road user, be they a driver, pedestrian, motorcyclist or cyclist can claim if the collision was not their fault and your personal injury compensation claim would be made against the insurance company of the person driving the vehicle; which collided with you.

A passenger may claim either on the insurance of the driver of the car in which they were travelling or the other driver (or both) depending on who was responsible for the crash.

Injured passengers almost always can claim compensation if they are involved in a collision as another party is almost invariably deemed responsible.

A passenger might only be deemed responsible if they seriously interfered with the driver of the vehicle they were travelling in or on, although their compensation may be reduced if they were aware of an impairment or impediment of the driver, such as their being unlicensed or unable to drive through drink and drugs as this may count as contributory negligence.

If the driver of the vehicle they were travelling is deemed responsible for the crash passengers should not be dissuaded from claiming from a false sense of loyalty to the driver, be they a relative or friend as the claim will be paid by their insurance company. There would be no loss to the driver as their no claims bonus would already have gone.

In most cases a claim must be commenced within three years of an accident taking place. In the case of a minor the claim can commence up to any time up to three years after they reach the age of majority at 18.

Claiming for injury to a minor injured in a road accident

If a child is injured in an accident they will not be able to bring a compensation claim on their own behalf as they lack 'legal capacity' and under the age of eighteen are not entitled to bring an action in their own right. If a compensation claim is brought in these circumstances an adult will be appointed to act on behalf of the child if the action is commenced. The adult is usually a relative but may be any adult willing to act, and is known throughout the proceedings as the 'Litigation Friend'. The function of the Litigation Friend is to make decisions on the child's behalf and generally protect the child's interests throughout the litigation.

Claiming for a dead relative

In some circumstances it may be possible to claim for the death of a relative or upon someone on whom you are dependent.

Bringing a personal injury claim against an untraced or uninsured driver

If you have been injured or your property has been damaged by an uninsured or untraced driver, you may still be able to make a claim for compensation via a body funded by a surcharge on insurance premiums known as the Motor Insurers' Bureau or MIB.

The Motor Insurers' Bureau will expect you to have already tried to trace the driver / insurer concerned by reporting the accident to the police, to your own insurance company and making enquiries with the registered owner of the vehicle.

Members of our Crashguard scheme are able to do a check on the driver from the roadside enabling the police to be called before they leave the scene if they are uninsured

Certain conditions apply to claims made via the Motor Insurers' Bureau:

• if the driver of the offending vehicle is untraced, you must at least be able to identify the vehicle to make a claim for property damage.
  
• an excess of £300 will also be deducted from claims made under the untraced driver scheme for property damage after 1st October 1999 (the excess amount was £175 before this date).
• the Motor Insurers' Bureau will only deal with claims registered with them within 9 months of the accident.  They will also expect the accident to have been reported to the police within 5 days of the accident

A member of the public wishing to enter a claim with the Motor Insurers' Bureau can either do so directly themselves or appoint a Solicitor to work on their behalf.

How to begin a personal injury claim following a Road Traffic Accident

If you or anyone you know has suffered an injury as a result of a road traffic accident, telephone us now for accurate claim advice.

Our solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation.

Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have.

If you do have a valid personal injury compensation claim and you decide to instruct our solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you.

Telephone us now on 0800 066 99 07 or email your query to receive excellent free compensation claim advice