Manchester RTC: Find out when you can claim for injuries to the spine in a road traffic collision when the car driver who was at fault might not have motor vehicle insurance
Manchester RTC / Road Traffic Collision Victim Question
I was travelling down a country road in Manchester heading towards Bury when a car came flying around the corner lost control and swerved onto my side of the road hitting the front wing of my can and scraping down the driver’s side of my van.
My works van has two front passenger seats and two of my fellow workers were sitting in the seats. All three of us had our seatbelts on – but as the RTC was more or less head on at speed the force of the collision jolted us all around quite a bit.
I am suffering from whiplash neck injury, lower back pain and a large lump on my head from being forced against the steering wheel.
One of my work mates has a prolapsed disc in his cervical spine and the other has a cracked vertebrae in his thoracic spine and a crushed hand from when he hit the passenger door.
The other driver apologised and we exchanged details. An independent pedestrian witness came forward so I took his details down. I drove to an accident and emergency hospital in Manchester where we were diagnosed with our injuries – I had not appreciated at the time how bad our injuries actually were.
I understand from my employer’s van motor insurer that the motor insurance of the driver who caused the accident cannot be traced albeit the address provided is correct.
Can you tell me whether my work mates and I are likely to succeed in a RTC claim for our injuries, what happens if the driver at fault is not insured and how much we are likely to receive for our respective injuries?
Road traffic collision solicitor response
To answer your questions in turn:
1. Showing fault for a road traffic collision / RTC
A road traffic collision or RTC is also known as a road traffic accident or RTA,
To succeed in a compensation claim for injuries in a RTC you must show that the other driver was negligent, in other words legally at fault for the collision, and that the negligence caused your injuries.
From the information you have provided – it seems very clear that the car driver did not heed the road conditions and wrongly swerved onto your side of the road causing the road traffic collision. This was witnessed by the passengers in your vehicle and an independent witness and as such should be relatively straight forward to prove in evidence by a specialist RTC solicitor.
2. If the driver at fault was not insured you can still claim
If the car driver who caused the RTC does not have a valid policy of motor insurance – you can still claim compensation for your injuries.
The Motor Insurers Bureau or MIB – will act as though it was the insurer of the car under the MIB Uninsured Driver’s Agreement.
You will certainly need a specialist road traffic accident solicitor to assist with your claim as there are many deadlines and time periods to comply with claiming compensation via the Motor Insurers Bureau.
3. The amount of compensation you can claim for your injuries
The injuries you have described include fractured vertebrae, prolapsed discs, whiplash and crushed hand injuries.
A specialist road traffic collision solicitor will instruct a medical expert on your behalf to compile a report setting out all of the injuries and very importantly how long recovery is likely to take. This expert will look at the GP and hospital notes, scans, x rays and examine you in person.
Based upon this report your solicitor will be able to determine how much your claim for compensation is likely to be worth.
In addition – you will have a claim for any expenses you incur as a direct result of the RTC including: lost income, medical expense, physiotherapy, pain killer expense, travel expense, etc.
To see some examples of compensation amounts for various RTC injuries click road traffic collision compensation amounts.
What should you do now to make a claim following a RTC in Manchester?
To discuss your Manchester RTC claim with me online or in person free of charge or to make a claim following an accident in the UK click RTC compensation claim