Accident compensation claim lawyer uk, no win no fee injury specialist - Kevin Bolton solicitor

How to claim compensation for whiplash & vehicle damage if a driver opens a car door into the path of an oncoming vehicle and the driver then attempts to deny responsibility for the accident

Road Traffic accident victim question

I was driving down a narrow road in Ashton in Preston with my wife as a front seat passenger. The speed limit was approximately 30 mph but as there were cars parked either side I was driving cautiously at approximately 10mph.

All of a sudden one of the parked cars driver’s door opened such that there was no time to react. The door collided with my car collided at the near side wing with the door and my wife was jolted forward banging her head on the dashboard.

I jumped out of the car and spoke to the chap who had opened the door. He immediately started to say that it was not his fault.

We were however opposite some small shops where people were entering and exiting, so I went over and asked if anyone had seen what had happened. A couple of witnesses came forward who could verify that the chap opened the door without looking and giving me no time to react.

I took the registration number and details of the driver together with the names and addresses of the witnesses.

My front wing was badly crushed and scraped and as we drove away my wife started to complain of a pain in her neck. I drove to a local garage and caught a taxi with my wife to hospital where x-rays were taken and she was diagnosed with minor whiplash.

Can I claim compensation for my vehicle damage and can my wife claim compensation for her whiplash?

Road traffic accident solicitor response

The circumstances surrounding collisions involving cars opening doors can often be difficult to prove. You have however obtained independent witness evidence and I therefore believe you will be able to establish that the driver who opened the car door as your vehicle was passing is responsible.

You were clearly travelling well within the speed limit and there was nothing further that you could do to avoid a collision.

You can either claim on your own insurance for your vehicle damage and request that your insurer recoup the monies back from the other driver or alternatively a claim can be made direct against the driver and /or his motor insurance company.

Your wife would also be entitled to a claim for her injuries including her whiplash. You mentioned that she banged her head so the issue of whether she was suffering any concussion symptoms or has any bruising etc. would be also be examined.

Access to the hospital notes for verification of your wife’s injuries can be obtained by a RTA solicitor to prove that the accident caused your wife’s injuries.

If you would like to use a specialist road traffic accident solicitor to claim for vehicle damage and whiplash click car whiplash claim lawyer.

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UK solicitor explains when you are entitled to claim compensation for personal injury in a road traffic accident and how to calculate the amount of compensation you can recover for whiplash, shoulder rotator cuff injuries and a fractured elbow using a RTA in Burnley, Lancashire as an example

Road accident victim question

I was driving my car through Burnley in Lancashire on the way to the M6 to Preston when my car was hit on the passenger side with a lot of force.

A car had attempted to pull out from a side road and had been distracted by using his mobile phone. At the scene the other driver accepted full responsibility.

My car was badly damaged and I felt pain in my neck, shoulder and elbow. The Burnley police and ambulance services arrived at the scene. I was taken to hospital and I was diagnosed with severe whiplash to my neck, a torn rotator cuff and a fractured elbow.

Ever since the accident I have had neck pain and shoulder pain for which I had arthroscopic surgery. Elbow has had several cortisone injections. I always have this neck ache, especially when sitting at the computer or driving home from work.

Can I claim compensation and how much will my claim be worth for neck, shoulder and elbow injuries?

Road traffic accident solicitor response

It is clear from the description you have given that the road traffic accident was the other driver’s fault for not paying proper attention and not giving way to traffic with the right of way. The driver accepted this at the scene and the police report will provide details including statements from both drivers and independent witnesses.

The driver and in turn his motor insurer will be responsible for paying compensation for your injuries and your financial losses; including lost income, medical expenses, travel expenses to the hospital & GP, etc.

The calculation of the amount of compensation you can claim for your injuries, including: severe whiplash, torn rotator cuff and fractured elbow – will depend on a medical report from an orthopaedic expert properly instructed by a solicitor.

The orthopaedic expert will review your medical notes and x-rays from the hospital and your GP. He will examine you and with a duty to the court and on the balance of probabilities he will set out the exact nature of all of your injuries and give an opinion as to what treatment might be necessary for any ongoing problems. He will provide a prognosis setting out an estimate of how long any symptoms could last into the future and the likelihood of any problems being permanent.

Based on this medical report a specialist RTA solicitor will be able to provide you with an estimate of how much you can claim for your neck, shoulder and elbow injuries.

If you would like to discuss making a road traffic accident claim for whiplash, shoulder cuff injuries and an elbow fracture with me in person or  start your claim with a specialist solicitor click Burnley car accident claim

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