Archive for the ‘Road Traffic Accident Claims’ Category

Car Accident Claim: Driver At Fault Can Passengers Claim Compensation?

Wednesday, August 16th, 2017

Car accident solicitor explains why a driver at fault cannot claim compensation for personal injury – but how the passengers in the vehicle can make a claim.

Driver At Fault’s Car Accident Question

I was driving my car from Leeds to Scarborough with my wife and two children as passengers. We had passed York and where travelling on the A64 approaching a set of lights. The car in front slowed down and I reacted a little late. Unfortunately – it was raining heavily and my car hit the car in front with quite some force.

An ambulance arrived at the scene as did the police and we were all taken to hospital. Between us we suffered bad whiplash neck injuries, lower back injuries, concussion, knee and wrist injuries.

Luckily the airbag gave some sort of protection.

My insurance was fully comprehensive. Is my insurance company right to say that I cannot
claim any personal injury, because I was the driver at fault?

Specialist road accident solicitor response

“Yes” – the insurance company is correct. You cannot claim for your own injuries if you were at fault for the accident.

The driver and passengers in the other vehicle would be able to claim from you and your insurer as would the passengers in your car, but unfortunately you as the driver (who is at fault) cannot claim for personal injury from your own insurer.

You would however be able to claim for your vehicle damage or write-off value (subject to a policy excess) plus all the claims made against you for the other party’s vehicle damage and personal injury would be met by your motor insurer.

Your wife and children would also be able to claim for personal injury and subsequent financial loss from you and your insurer. Since no doubt the other driver will already be claiming from you there would be little further effect on your policy for your wife and children to claim from you.

The sums that could be awarded for the injuries you have listed, including whiplash neck injuries, lumbar spine injuries, concussion, knee and wrist injuries could result in a significant claim. Please note any sums awarded for children would have to be retained in the courts fund office until the children reach the age of 18 years.

Also, as you are technically the party at fault – your wife would most likely be the best person to act as litigation friend for your children’s claim.

Online Road Accident Solicitors Assistance With Your Passenger Injury Claims

Should your wife wish to discuss making a claim for herself and your children –  please click car accident claims solicitor to speak to a specialist solicitor direct, make an online enquiry or arrange a specialist to call back.

Tenerife Road Accident: UK Claim Back Whiplash Fracture Hand Knee Injury

Thursday, July 14th, 2016

European road accident solicitor explains how to make a compensation claim from the UK for injuries following a road traffic accident in Tenerife, Spain

Car Accident Tenerife Victim Question

I was on holiday with my two children in Tenerife in the Canary Islands, Spain. I hired a car when I landed at the airport in Tenerife and were driving to our accommodation in Las Americas.

I was driving on a main road when a car pulled out suddenly from a side street hitting the front passenger’s side of our car. The car was thrown violently to the side, but I managed to stop before hitting any oncoming vehicles.

We got out of our cars and the police and ambulance attended. The police completed a form at the scene in which the other driver accepted fault – I believe he was using his mobile at the time of collision.

My two sons and I were taken to hospital. By the time we reached hospital I had a stiff neck and shoulders and a painful right hand. My eldest son had lower back pain and a swollen knee. My youngest had neck pain with headaches and tingling in his hands

We were x-rayed and I was found to have whiplash to the neck and shoulders and a fractured bone in my hand. My eldest son had lower back strain and possible ligament damage in his knee. My youngest had serious whiplash neck injuries.

We have now returned to Kent in England where we live – can we make a claim for compensation for our injuries from the UK?

European Road Accident Solicitor Response

As Spain, and so in turn Tenerife, are part of the European Union and you are resident in the UK you have the choice to either make an injury claim in Tenerife using a Spanish lawyer or England with a specialist European RTA solicitor. The EU countries have reciprocal motor insurance agreements required by European law allowing claims to be made from the country of residence so long as that country is within the European Union.

There are primarily two parts to your claim – compensation for general damages and for special damages.

The general damages describe compensation for pain and suffering for your physical injuries (here whiplash, fractured hand, ligament knee damage, lower back injuries) and any psychological injuries (these might present themselves as time goes by and range from travel anxiety to post traumatic stress disorder).

Special damages relate to costs and expenses incurred as a direct result of the accident, such as loss of enjoyment of holiday, lost income, medical expenses, etc. What exactly can be claimed will depend on the country in which the accident occurred.

Even though the claim can be made from the UK – the “law of the land” (the law in the country in which the accident occurred – here Spain) must also be taken into consideration. This can be significant in determining how much compensation can be awarded for pain and suffering and the statutory limitation (how long you have to make a Tenerife car accident claim).

In most European countries the police will attend at the scene and complete forms as you have described, typically showing which driver was at fault. This is important evidence in proving liability for a car accident in Tenerife

Specialist UK road accident solicitor assistance for Tenerife car accident claims

Please note – due to the complexity involved there are a very limited number of UK solicitors with the expertise to deal with car accidents in Tenerife, Spain and other European countries.

If you are considering starting a compensation claim from the UK for a road accident in Tenerife or wish to discuss your potential claim with me in person – please feel free to contact me on my direct dial as shown at the top of this page or complete my online form by clicking Road Accident Claim Tenerife.

Car Accident Compensation: Pain Suffering Financial Losses Legal Costs

Tuesday, December 3rd, 2013

UK solicitor explains the two primary parts to car accident compensation: money for pain and suffering and compensation for financial losses including the obligation of the person at fault to meet the majority of your legal costs

Car accident victim question

I was driving my Ford Focus car on a main road when a driver of a Range Rover came out from a side road. I tried to avoid a collision, but the Range Rover was going too fast and hit me on the front passenger side of my vehicle.

My car was spun violently and I smashed my right hand against the driver’s door. The police and ambulance came to the scene and I was taken to hospital where I was diagnosed with a fracture to my right forearm, and whiplash to the neck and shoulder.

Your website talks about average payout, but is this before or after payment of my losses and expenses?

Also – does the third party pay my legal costs in making a claim?

Road traffic accident solicitor response

There are primarily two parts to every claim following a road traffic accident which are known as general damages and special damages.

“General damages” is the term used to describe the compensation payout for the pain and suffering for the injuries you have sustained (your fractured forearm, whiplash injuries and any psychological reaction). This head of loss is general to all people dependent on the injury sustained as described in an independent medical expert report obtained by a solicitor on your behalf.

The amount claimed is based on judicial guidance from cases previously decided by the courts. This is the average payout to which I refer on my website.

Click compensation payout amounts to see examples of the amounts you could expect recover for injury to different parts of your body.

Special damages are special to you as an individual and describe the costs, expenses and financial losses you incur (clearly this is different for each individual). So long as these are directly related to the accident, reasonably incurred and backed up by medical evidence – such sums can be claimed in addition to the general damages.

Click car accident compensation to see the page I have written giving examples of special damages in a road traffic accident.

In addition to compensation the other party has to pay some of your solicitor’s legal costs.

Since a change in the law on 1 April 2013 the Defendant does not have to pay all the legal costs and as such a deduction of up to 25% from the general damages element of your compensation will be made.

Free specialist solicitor assistance with your car accident compensation claim

Should you wish to discuss your motor accident claim with me in person free of charge or to commence an online claim click car accident compensation fractured forearm whiplash neck shoulder.