Head On Collision Claim On One Way Street: Whiplash Rotator Cuff Tear

UK road traffic accident solicitor sets out how to claim compensation for a head on collision car accident causing multiple injuries such as: whiplash neck and shoulder injuries, lower back injuries, torn rotator cuff, broken wrist and head injuries. Includes the affects on your motor insurance policy, how to recover car hire expenses and how long your claim will take

Car accident victim question

I was driving my car in a two lane one way street in Liverpool when a van driver shot out of a side street turning right into my path colliding with my car head on.

Ambulance crew and police attended at the scene, there were approximately five independent witnesses.

The van driver signed the police pocket book stating he didn’t indicate or look as he was stressed and arguing with his partner at the time of the RTA. He didn’t realise he was turning onto a one way street and he accepted full responsibility.

At hospital I was diagnosed with whiplash / sore neck, right shoulder pain, torn rotator cuff, lower back pain, head injuries and a broken wrist.

Would this RTA affect my no claims bonus even though the other driver has signed the police note book accepting full responsibility?

Would the van driver be responsible for the cost of a hire car?

How long will this case take when all responsibility is accepted?

Car accident solicitor response

A head on collision between a van and a car will involve some very large forces – hence the number of injuries you have suffered.

To answer your questions specifically:

1. Your no claims should not be affected in the long term. You should confirm this with your insurer, but generally your no claims can be affected in the short term – until your claim is won and thereafter reinstated. Some insurers will not adjust your no claims from the onset and if you have “no claims protection” – your no claims should not be affected in any event.

2. Hire cars can fall part of your claim depending on whether your vehicle is considered a write off or not.  If your vehicle is repairable hire car charges are proper for a reasonable time period, but once your car is classed as a write off you should not incur any further hire car charges. If the motor insurance company for the van driver does not pay you the vehicle value – you might be entitled to an additional claim for loss of use of vehicle.

3. If responsibility is formally accepted by the van driver’s motor insurer – the issue would only be quantum (how much your claim is worth). An independent medical expert is necessary to set out the nature of your injuries (whiplash / sore neck, right shoulder pain, torn rotator cuff, lower back pain, head injuries and a broken wrist) and this should not be sort too soon to allow your symptoms to settle. If liability is accepted from the outset I would imagine your claim would settle between 3 months to a year. It really depends on the arguments on how much your claim is worth.

4. The amount of compensation for whiplash neck and shoulder injuries, lower back pain, rotator cuff tear, head injuries and broken wrist cannot be estimated at this stage. The reason being that you have just had the accident – a medical expert can’t even predict accurately your future symptoms until at least 3 months following the accident has passed. It is clear that your injuries will be worth over a threshold amount of £1000. This threshold is important – as your solicitor can recover legal costs as well as your compensation when a claim for personal injury is over this figure. Your solicitor will therefore be prepared to incur the expense to obtain all the evidence necessary to prove the severity of your injuries – this will in turn determine how much you can claim.

 For examples of how much compensation you can claim click head on collision car accident compensation claim

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