Car Driver Injury Claim: Compensation For Accidents Caused By Another Road User
Discover when a car driver injury claim can be made following a road accident.
We discuss – both how to prove who is responsible for a road traffic accident and when motor insurance pays a third party vehicle driver’s liability.
Finally – we explore how much compensation different types of personal injury claim are worth.
- Car Driver Injury Claim: Compensation For Accidents Caused By Another Road User
What is a car driver injury claim?
Car drivers who suffer injury in a road traffic accident will generally be entitled to claim compensation from the other road user who is considered “legally at fault” for causing the RTA.
You must not have caused the road accident
As a car driver – you are in control of a motor vehicle yourself. Therefore, if it was your driving error that caused the road accident – you will generally not be entitled to claim compensation for your own injuries from the other vehicle driver or indeed your own motor insurer.
However, if you have comprehensive car insurance – you would be able to claim the cost of repair to your own vehicle from your insurer. Unfortunately, this claim would be subject to a policy excess coupled with an adverse effect on your no claims discount and an increase in your insurance premium
Some Motor Insurance Policies May Payout For Certain Defined Injuries
Rarely – some motor insurance policies may have terms allowing payment for certain defined serious injuries irrespective of fault in certain circumstances. However, this is a contract matter and you should check your policy carefully for any such terms.
Can personal injury claims be made against you as a car driver?
“Yes”, if you caused the RTA. Both passengers in your vehicle and the driver / passengers in any other vehicle involved in the road accident would be entitled to claim compensation for injuries and vehicle damage from you (to be paid by your motor insurer).
50 / 50 Claims
Sometimes both you and another driver may have made a driving error. In such instances both drivers could claim from the other driver and the respective motor insurance policies. This is known as a 50/50 claim.
Who pays if you suffer injury as a car driver?
Responsibility for paying car driver injury claim rests with the person who caused the road traffic accident.
See our car accident claim article explaining how to determine who is at fault for a road traffic accident.
Vehicle motor insurance payments
In the UK – all persons in charge of a motor vehicle on a public road, must have vehicle insurance.
This motor vehicle insurance will have as a minimum requirement third party liability.
In other words – the liability of the policy holder to pay compensation for injuries and vehicle damage to other parties asa result of driving error.
Uninsured And Untraced Car Drivers
If the car driver who caused your accident was not insured or was untraced ( for example – made off from an accident scene in a hit and run) – a body known as the Motor Insurers Bureau will meet the liability of the driver-at-fault as though it was the vehicle insurer.
Claims against other types of road user
Most road users who cause road accidents will have motor insurance or some other form of liability insurance that can meet your car driver injury claim: For example:
- Van drivers.
- HGV and lorry drivers.
- Motorcyclists.
- Horse riders.
Claims that can be more difficult are those when the road user may not have liability insurance. Such as – pedestrians and pedal cyclists.
How much compensation can your recover for your specific personal injury?
The amount of compensation you can claim for a car driver injury claim depends primarily on the type and severity of the injury you have suffered.
See our compensation payouts article setting out how much compensation you can claim for all manner of injury – both physical and psychological.
See our financial loss and expense article to see the other types of losses you can claim in addition to those for your pain and suffering for your actual injury. For example – lost income, vehicle damage, etc.
Summary
In summary – you have seen when a car driver can claim compensation for personal injury and when claims may be made against you. Plus the importance of motor insurance and the MIB to meet both insured and uninsured driver claims.
FREE Legal Help
We offer a number of free telephone / online legal help options. You can not only speak direct to our solicitors to have your questions answered, but also have your claim assessed.
