How To Claim For Injury In A Dual Carriageway Car Crash And Determine Compensation Payouts

Q: Should You Rely On The Insurer Of The Motorist Who Crashed Into Your Car On A Dual Carriageway To Help You Claim For Your Vehicle Damage And Personal Injury?

Generally, it is better to have your own solicitor help you claim compensation for injuries in a dual carriageway accident. Typically - your injuries in a high speed collision will be significant and a specialist solicitor will ensure your receive the correct amount of compensation. You may have legal cover on your motor policy which could fund a lawyer to help you claim or alternatively you could instruct a solicitor using a no win no fee. However, if your injuries are small and as such classed as a small claim - using the driver at fault's insurer will not necessarily be disadvantageous. In addition, it is generally quite safe to let the insurer deal with teh vehicle damage - whetehr that is your own motor insurer or the driver at fault's insurer.

Q: How do you know how much compensation your injuries in a dual carriageway car crash are worth?

A process must be followed to value the amount of compensation you can claim for your injuries in a dual carriageway car crash. Your solicitor must obtain a medical report describing your injuries from relevant medical experts. For example - a broken finger would require an orthopaedic expert. Whereas psychological injury, such as PTSD, would require a clinical psychologist opinion. Based on the injuries set out in these reports your solicitor can look at case law and judicial guidance to determine likely compensation payouts. In addition to compensation for your injuries you can claim compensation for financial loss and expense, such as lost income. Be guided by your solicitor as to the records you should keep to support these losses and the types of expense you can claim.

Find out how to claim compensation for injury in dual carriageway motor vehicle collision using a real life Q&A car crash as an example.

In addition, we provide an explanation as to how to calculate the amount of compensation you can recover your injuries. For example – in this Q&A we consider a fractured vertebra in the lumbar spine (lower back), whiplash to the neck and shoulder and a broken finger.

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How To Claim For Injury In A Dual Carriageway Car Crash And Determine Compensation Payouts
- Dual Carriageway Car Crash Description

Dual Carriageway Car Crash Description

Audi estate car drove into the rear of my Renault Megane whilst I was in a queue on a downward hill on a dual carriageway in Barnet in North London. I was travelling to work in Enfield.

My car was thrown forward hitting the car in front of me in the queue.

The Audi driver not only accepted full responsibility, but also explained he was distracted on his mobile phone.

The police and ambulance attended.

I was taken to hospital and x-rays were taken. The diagnosis was a fractured vertebra in my lower back, whiplash to my neck and shoulder and a broken little finger on my left hand.

I am dealing with the Audi driver’s insurance company direct who have agreed to pay for my physiotherapy for my neck and back. The car accident was 7 months ago.

I have never made any claim in the past. Hence, I am concerned if I should have my own solicitor helping with a claim.

In addition, I don’t know how much compensation the insurance company should offer me for my injuries.

FAQ’s – Dual Carriageway Car Crash

Should You Rely On The Insurer Of The Motorist Who Crashed Into Your Car On A Dual Carriageway To Help You Claim For Your Vehicle Damage And Personal Injury?

How do you know how much compensation your injuries in a dual carriageway car crash are worth?

RESPONSE – Road traffic accident solicitor

The amount of compensation you can recover for pain and suffering in a dual carriageway car crash is calculated after a medical report from an independent expert has been obtained.

Orthopaedic medical report

Given that you have suffered a lumbar spine vertebra fracture, whiplash neck injuries and a broken little finger – the most appropriate medical expert would most likely be be an orthopaedic surgeon.

Psychological medical report

Should any psychological injury be present an additional medical report from a psychological expert may also be necessary for the purpose of your claim.

Be careful of the party at fault’s insurer

If you rely on the insurer of the driver at fault to obtain the medical report – you risk bias in favour of the insurer. Hence, less favourable medical report and a valuation at a lower level being made.

Your own solicitor should instruct the medical expert

The expert should be instructed by a solicitor acting on your behalf.

Details contained in the medical reports

The expert should set out the severity of the fractured lower back, whiplash and a broken finger. A prognosis section will comment on how long future symptoms (whether continuous or intermittent) could last.

broken finger injury car crash claim — Broken Finger Injury Car Crash Claim

Psychological injury

In addition, if your present with psychological injury, the medical expert could recommend a further report by a psychological expert.

Watch Out For Psychological Injury In A Serious Dual Carriageway Accident

Given the extent of your physical injuries it may also be the case that you have a psychological reaction to your dual carriageway crash.

Therefore – we recommend you monitor any symptoms you might have that could indicate a condition such as PTSD.

Financial loss and expense following a dual carriageway accident

In addition to pain and suffering – you are entitled to claim your costs and expenses incurred as a direct result of your injuries. For example: lost income, medical expenses, assistance in the home, travel expenses, etc.

Driver at fault’s insurer pays your legal costs

Generally – the driver-at-fault’s motor insurer will have to pay the majority of your solicitor’s legal costs.

Compensation amounts for back, neck and finger injury dual carriageway claims

Each type of injury you experience in a dual carriageway car crash will attract a different amount of compensation. Determining factors include not only the body part involved and injury severity, but also time to full recovery and disability.

See our back injury claim payouts, whiplash neck injury compensation amounts, broken finger injury calculator and PTSD claim payout articles for more details.

In addition, our multiple injury claims article sets out how to calculate compensation for several injuries in the same accident.

FREE specialist solicitor help

See our free telephone / online legal help. You can speak to a specialist solicitor, ask a question and have your dual carriageway accident claim assessed.