airbag burns whiplash compensation claim

Airbag Burns / Whiplash: Third Party Insurer 50 / 50 Offer To Settle For Collision At Lights

Find out in this Q&A whether you should accept an offer from the third party’s motor insurer for a car accident at a set of traffic lights causing both driver and passenger airbag burns and whiplash.

We discuss claiming from the third party motor insurer, 50 / 50 offers to settle, child claims, the new small claim rules for adults and making a small road accident claim online.

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QUESTION – Car accident victims suffering airbag burns and whiplash

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. Should I accept this 50 / 50 offer and what are the consequences if I do?

ANSWER – Road accident solicitor response

We recommend you consider each of the following points we have set out below.

Full liability for the driver who ran a red light

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

See our article setting how how to prove liability for a car accident claim and running a red light article.

The Third Party May Give A different Version Of Events

Regretfully, following a car accident a dishonest driver may give an untrue version of events as to how an accident happened. Perhaps suggesting you jumped the lights.

This is were evidence is essential. For example – independent witness evidence and CCTV evidence.

So long as you can prove that teh accident happened in the way you describe – you should not be found to have any liability.

Notify your motor insurer

Clearly following your car accident – your motor insurance policy will require you to notify your motor insurer of the accident. They will undoubtedly agree from your description that the other driver was at fault.

If you have comprehensive insurance then your motor insurer will fix your car and will typically attempt to recover their outlay back from the third party insurer.

You insurer will also deal with any claim that might be considered against you. However, they will generally not fund a claim for airbag burns and whiplash in the absence of legal protection cover.

Either way – by notifying your insurer you will have done the correct thing. You can rest assured that you are protected should a dispute arise about how the accident happened.

third party driver motor insurer liability
Driver And Third Party Notifying Motor Liability Insurer Of Accident

Generally, your motor insurer will not help you and your son make a claim against the other driver for personal injury unless you have legal protection cover on your motor policy.

The legal protection is especially helpful for adult airbag burns and whiplash claims, which will likley be classed as a small claim. Therefore, finding a solicitor to help you claim using a no win no fee will generally be very difficult.

However – you could make your claim yourself online via the official injury claims portal.

It might still be best to use another solicitor to help your son claim. This is due to a potential conflict of interest – should it be alleged that you too were at fault.

Your child’s airbag burns and whiplash claim can be made using a no win no fee

The rules relating to children are different than that for adults in small road accident claims. Therefore – you will generally be able to have a solicitor help your son claim for airbag burns and whiplash funded by a no win no fee.

Use a specialist road accident solicitor

Either via legal protection cover or directly – you should contact a specialist RTA solicitor as soon as possible. The full circumstances will need to be looked into and your interests will be protected.

Legal Costs Can Be Paid In Addition To Personal Injury Compensation

Your son will be able to claim the majority of legal costs from the third party (in addition to compensation for injuries).

However, adults will only be able claim legal costs if your claim is beyond the small claims limit,

Do not accept the third party insurer’s 50 / 50 airbag burns offer to settle

You should not accept the offer to settle both your claim and that of your son on a 50 / 50 basis.

By so doing you are accepting that the car accident was as much your fault as that of the the third party driver.

Involve Your Motor Insurer

Never accept a 50 / 50 settlement before involving your motor insurer. You could compromise both your claim and that of your son.

Let a specialist solicitor determine who is liable and what can be proved based on the evidence available.

Motor insurer’s agreement necessary

The motor insurers of both parties would generally need to be involved to authorise a 50 / 50 settlement. This would not only be for the bvehicle damage, but also teh airbag burns and whiplash claim.

Remember – it would be the insurance companies who meet the claims.

Child claims must have a litigation friend and court involvement

As your son is under 18 years you would likely act as the litigation friend in his claim. This is essential as a minor cannot provide instructions to a solicitor.

In addition – any agreement to settle a child’s claim would generally need to be authorised by the court. This court hearing is known as a minor settlement hearing.

Court Unlikely To Authorise A 50 / 50 Claim

The court would be very unlikely to authorise a settlement for airbag burns and whiplash 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.

No matter what – you son should recover 100% compensation as an innocent car passenger.

If a claim is considered against you – there would be a conflict of interest.

Notably, you cannot provide instructions on behalf of someone who has a right to claim compensation against you.

Compensation amounts for airbag burns and whiplash

See our compensation amounts article to discover how much you can claim for airbag burns and whiplash.

We recommend you take advantage of our free telephone / online legal help. You can speak direct to a specialist solicitor and have your airbag burns claim assessed.

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