Road traffic collision claims
Road traffic collision claims can involve very minor injuries or indeed injuries with catastrophic consequences. No two road traffic collision claims are the same and it is very easy to think that road traffic collision claims are simple. All road traffic collision claims should be dealt with by an experienced litigator who is well versed with law in this field. Of late there have been many challenges to claims of this nature whether it be through causation issues or indeed as a result of a Defendant raising low velocity impact allegations.
Our personal injury department subscribes to and are a member of the Ministry of Justice Portal System having a link with predominantly all road traffic insurers in the United Kingdom. This in conjunction with our link to the Motor Insurance Database enable us to establish almost immediately whether a vehicle has motor insurance to cover third party risks in the United Kingdom and utilising that information to submit a claim almost instantaneously to the relevant road traffic insurer to commence a claim
Of course such process only involves claims with a value of Quantum (the level of damages) under £10,000 but in addition to that we often do and are in fact currently carrying out a number of road traffic claims with a value of damages in excess of £500,000.
If you or a member of your family have been involved in a road traffic collision which was not your/their fault then you may be able to make a claim for compensation.
Road traffic collisions can inflict a whole plethora of injuries ranging from simple whip lash right through to brain and spinal injuries.
In addition to motorists and passengers we are also able to act for pedestrians who have sustained injury as a result of negligence on the part of a driver.
You may also consider a claim for compensation even if the victim was uninsured or untraced. In this regard please see our related page in relation to the Motor Insurance Bureau.
Can I claim
As set out above there are various ways in which you are able to pursue and a claim in this regard.
Please contact our personal injury team to discuss the matter further.
Limitation
As a result of The Limitation Act of 1980 this imposes a strict duty upon Claimants to pursue a claim within a strict period of time. Whilst there is provision to dis-apply the strict ruling for Limitation Act essentially you must pursue a claim within three years from:
- The date on which the cause of action accrued or;
- The date of knowledge (if later) of the person injured.
If a person dies before the exploration of the period mentioned above then the period applicable in respect of that cause of action surviving for the benefit of the estate of the deceased party is three years from:
- The date of death
- The date of the personal representative’s knowledge
Which ever is later.
For all cases involving children limitation will expire on their 21st birthday.
What can I claim for
The amount of compensation (damages) you receive is made up of:-
- “General Damages” which compensate you for pain and suffering and loss of enjoyment of life (PSLA)
- “Special Damages” which consist of your quantifiable financial damages. They sometimes include medical expenses, transport cost, nursing or child care costs (in some cases) and a claim for loss of earnings if appropriate.
- “Smith and Manchester Award”
This is where an award of damages is made for the weakening of the Claimants competitive position on the open labour market.
Next steps
We would welcome the opportunity of discussing all aspects of your claim with you. We can discuss its merits free of charge. Please feel free to contact us on any of the modes of communication set out on our website. Not only can we discuss the merits of your claim but also methods of funding.
- In association with
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