If you have been injured in a car accident and it wasn't your fault, then you could be entitled to make a compensation claim.
Remember to take down the other driver's details including:
- registration number;
- name, address and telephone number;
- insurance details;
If there are any witnesses, write down their contact details. If possible take a photo of the accident scene, but do not admit liability, even if you think it may have been your fault. Also, report the accident to the police.
Proving fault in car accidents
If you are involved in a car accident, then you may need to prove the accident was the other driver's fault unless they have admitted liability. You will need some kind of evidence to show that the other driver was negligent and that his/her negligence caused the accident.
- Police report If the police were called to the scene of your car accident then they are likely to have filed a report. This report will often contain a photograph of the scene of the accident. In a clear case, there will often be a charge of ‘driving without due care and attention' and a conviction can be relied on as evidence.
- The Highway Code A breach of the Highway Code can be relied on as good evidence of negligence.
Examples of car accidents where the other driver is usually found negligent
There are a few situations in which the other driver will usually be found at fault in most cases, these include the following:
- Rear-end accidents - This is where one car collides with the rear of the other car and is the cause of many whiplash injuries. The Highway Code advises drivers to leave enough room to be able to stop.
- Other situations - include driving on the wrong side of the road and colliding with a stationery vehicle.
How much compensation can I expect for my injuries?
To get an estimate of what is commonly awarded for similar injuries, you can use an online compensation guide.
You can claim "General Damages" for your injuries, the ‘pain and suffering' you have sustained as a result of the accident and for the ‘loss of enjoyment of life' by, for example, not being able to pursue your hobbies.
You may also be able be entitled to claim "Special Damages" for lost earnings, potential loss of future earnings and for any expenses which are necessary to aid your recovery such as prescription costs, nursing care and rehabilitation costs. Please remember, each case is different, and accurate advice must be tailored to the individual case.
Once you have started your claim, your solicitor will be able to give you a more realistic estimate of how much compensation you are likely to receive.
Do you need an experienced accident compensation solicitor?
The insurance company of the person at fault may contact you and offer to settle your case, usually for far less than the amount an experienced accident compensation solicitor could recover for you. Remember, insurance companies have got solicitors working hard on their side and so should you. Do Not under settle your claim; speak to an independent solicitor who will help you to claim every penny you deserve.