Airbag Burns And Whiplash: Third Party Liability For Car Accident In Birmingham Claim

When is a third party liable in a car accident claim for compensation for driver and passenger airbag burns and whiplash due to a collision at a set of traffic lights in Birmingham

Car accident victim question

A third party vehicle turned right across a junction through a red light causing my car to collide with the near side of the third party vehicle.

I was driving with my son as a front seat passenger – he is 16 years of age. Both of us suffered airbag burns and whiplash injuries which are ongoing.

I have contacted the other driver’s insurance company and have been offered to settle the claim on a 50 / 50 basis. ShouldI accept this offer and what are the consequences if I do?

Road traffic accident solicitor response

You should not accept the offer to settle your claim and of that of your son on a 50 / 50 basis. By so doing you are accepting that the accident was as much your fault as that of the the third party driver.

It seems from your descriptions that full liability should attach to the other driver who clearly ran a red light.

You should contact a specialist RTA solicitor as soon as possible to look after your interests – the legal costs can be charged to the driver at fault in addition to your compensation for the airbag burns and whiplash injuries.

If you were to accept a 50 / 50 settlement – each party would have to pay 50 % of the other’s injuries and losses and the full legal costs of the other party’s solicitors.

The motor insurers would need to be involved to authorise this as it would be the insurance companies’ liability subject to any excess.

In addition – as your son is under 18 years you would act as the litigation friend in his claim providing instructions on his behalf. Any agreement to settle his claim would have to be authorised by the court in what is known asa minor settlement hearing.

The court would be very unlikely to authorise a settlement on a 50 / 50 basis as this is not in your son’s interest. In addition in a 50 / 50 settlement you would be accepting fault so your son would have a claim against you and the other driver as he should recover 100% compensation as an innocent car passenger.

If this was to be the case – there would be a conflict of interest as you cannot provide instructions on behalf of someone who hasa right to claim compensation against you.

To see how much compensation you can claim in Birmingham for whiplash and other injuries click compensation amounts

2 Responses to “Airbag Burns And Whiplash: Third Party Liability For Car Accident In Birmingham Claim”

  1. beth says:

    Hi,
    I have just ran into the back of some one and I only have 3rd party insurance. I was going along a road with speed bumps at about 20mph in slippery conditions (a really sunny day but then a blast of heavy rain). The Que of traffic ahead braked harshly causing the bmw series 1 08plate in front to do the same. I was going over a bump at the time tried to do an emergency stop but due to the slippy conditions i skidded into the back of them.
    The party in front were polite but I didn’t even think to ask them if they were hurt as I couldn’t stop apologizing. The woman was pretty shaken up due to the force and took all of my details. I however have no damage and I am waiting for them to call me.
    I was just wondering if they claim whip lash how would that work with me just been 3rd party? Does my insurance pay that out although I will have to pay out of my own pocket for the damages? I just don’t know how I would be able to afford to pay both injuries and damage! I’ve researched the cost of the rear bumper they need and thats £440.
    Thanks

  2. Beth

    I have read the details you have supplied and confirm that the purpose of third party insurance is to pay for claims made against you by other drivers and road users in the event of an accident. This ncludes claims for vehicle damage, personal injury and the legal costs in pursuing a claim against you.
    Thus – in your scenario your motor insurance company will indemnify you for all of the costs relating to a claim, subject to any excess you might have on your motor policy. If you do not have “no claims protection” on your policy – it is likely any no claims that you might have could be lost and you might face a larger annual insurance premiums.
    I suggest that you contact your insurance company to let them know what happened so any claim is not out of the blue. You should pass on immediately any correspondence you receive in relation to a potential claim to your motor insurance company so that it can be dealt with correctly.
    To read more about motor insurance policies and the protection such policies provide click accident car insurance

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