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Injury

A motor accident claim for compensation for personal injury is treated in the same way as any other negligence litigation in that the injured party needs to establish that the accident was somebody else’s fault or at least partially someone else's fault. This is the concept of ‘negligence’ which requires that the other driver, who owes a duty of care to other road users, has failed to act in a reasonable manner as a result of which an accident has occurred. If reasonably foreseeable loss or damage or personal injury has directly arisen from that act of negligence then the other driver is liable to pay compensation to the innocent victim.

SOLICITORS HELPLINE 0845 890 4092

Time Limits

There is a time limitation in the UK and a motor accident claim must be settled or legal proceeding must have been issued in a court of law within three years of the injury coming to the attention of the claimant and that date is usually the date of the accident itself. There are exceptions to this rule in the case of infants and the mentally ill and the court does have a wide discretion to extend or alter the period of three years but rarely exercises that discretion except in very unusual and rare circumstances. Time is of the essence in a motor accident claim and there should be no delay in taking legal advice as soon as possible following an accident.

SOLICITORS HELPLINE 0845 890 4092

Evidence Preservation

Evidence preservation in a motor accident claim is one of the most important things that can be done to assist in proving liability and establishing the value of a claim for financial losses and pain and suffering. The following basic checklist should be followed if you are involved in a road accident :-

• report the accident to the police within 24 hours
• make a note of the details and number plate of the other vehicles
• obtain personal details of the other drivers
• obtain and record the names and addresses of any witnesses
• write down every detail of the accident as soon as possible
• record your injuries and how those injuries have affected you
• take photographs of the accident scene, the vehicles, road layout and injuries
• keep a daily diary of the injury and record any losses or expenditure
• obtain estimates for repair or replacement of damaged or lost personal property
• inform your insurance company as soon as you can after the accident
• if you are injured visit your general practitioner or the Accident and Emergency department of a local hospital as soon as possible after the accident, preferably on the same day - a formal medical record of your injuries will be invaluable in settling your personal injury claim and most claims will fail without a contemporaneous medical record of the injury obtained very shortly after the accident

SOLICITORS HELPLINE 0845 890 4092

Specialist Personal Injury Solicitors

If you have been injured in an accident within the last three years just complete the contact form or use the helpline to speak to a specialist personal injury solicitor who deals with motor accident claim settlements. If after talking to that solicitor you decide to proceed no further, you are under no obligation to do so and you will not be charged for any advice. No win no fee - win or lose no charge.