How to claim compensation if you are involved in a rear end collision at a set of lights due to a car skidding on an icy road causing whiplash, lower back pain and injury to the thoracic spine
Car skid accident victim question
Queuing behind two cars at traffic lights in Devon when I heard a car behind mine skid and hit the rear of my vehicle. It was an icy day in January and the car behind did not appear to be able to stop in time.
The force of the collision was extreme. I sustained whiplash neck injuries and my wife, who was a front seat passenger, injuries to her middle and lower back.
The police attended and an ambulance was called. My wife and I were taken to hospital where I was diagnosed with whiplash and my wife injuries to her lumbar spine and thoracic spine.
My car has now been written off, the driver denied liability saying that the accident was due to the ice on the road.
I may now suffer hardship as a result. I work 30 minutes away from home and have no alternative vehicle.
If the car hire is taken away now that my car is written off(provided by his insurance company, my insurance company is not involved), have I got a reasonable time to make alternative arrangements before his insurance company takes the hire car away from me?
If not, can I make a claim at a later date for the undoubted extra expense that his reckless driving has caused to me?
Have I a right to compensation for any hardship caused to me? Can I keep the hire car at the other driver’s expense whilst I make alternative transport arrangements to be able to work without adding hours to my journey time.
Can my wife and I claim for the whiplash and lower and thoracic back injuries?
Road traffic back injury solicitor response
Despite the fact that the driver who collided with the rear of your vehicle is denying responsibility – the facts are clear that the third party was not driving with a safe distance given the road conditions. The ice clearly caused the skid coupled with his speed and the third party should have a had a safer distance to ensure that even if a skid occurred no collision would take place.
A specialist road accident solicitor will be able to claim compensation for the whiplash injuries and lower back and thoracic spine for you and your wife. An orthopaedic medical expert report is necessary from an independent doctor instructed by your solicitor.
When vehicle damage is involved in a road traffic accident a car should be assessed to see whether it is repairable or beyond economic repair – written off.
Once the car is assessed as beyond economic repair any car hire should cease.
The insurance company of the driver at fault is however under a duty to provide compensation monies for the trade value for your vehicle.
It is best at this stage not to continue with any hire charges, but should payment not be forthcoming it is arguable that you could claim for a loss known as ‘’loss of use of vehicle’’. Under this head of loss you could claim for the disadvantage and comparable costs of using another vehicle.
The amount you can claim will depend on the type of vehicle which was damaged and as this is a head of loss which is not fixed it is best not to incur the actual cost, but to attempt to claim your theoretical loss.
It is to be hoped however that the insurance company will pay your monies expeditiously and as such you should have no further outlay.
Your solicitor will be able to deal with all aspects of your claim including your vehicle damage.
Discuss Your Back & Neck Injury Claim With A Specialist Solicitor
Click road traffic accident solicitor to start your claim online or to discuss with me in person claiming compensation for whiplash, lumbar spine injury and thoracic spinal pain
