You can make a criminal injury road traffic accident claim only if a driver has used his or her vehicle as a weapon, deliberately causing you injury. If this is the case, the compensation award for a single injury ranges between £1,000 and £250,000. Although claims for minor injuries, such as a bruise or graze, are usually rejected, you can file a claim for multiple minor injuries if you have suffered at least three; for example, a black eye, a cut and a severe bruise. A very important point you should be aware of before claiming compensation for a road traffic accident is that you cannot claim for mental trauma if there is no physical injury.
Are you eligible to claim compensation?
To be entitled for compensation, you must first prove that you have suffered a physical injury and/or psychological harm. If you sustain serious mental trauma an expert must diagnose your condition. Furthermore, you must have reported the incident to the police for your claim to be successful.
Certain circumstances may prevent you from receiving a compensation award for your injuries. If there is a continuing link between you and the offender and the offender may benefit from your award, your application may be rejected. Additionally, if the offender can prove that your behaviour led him or her to attack you; for instance, if you provoked the attack by acting threateningly or aggressively, the court may reject your claim. A further consideration that the court will take into account before accepting or rejecting your compensation claim is the degree to which you co-operated with the police.
Applying for compensation
If someone has used his or her vehicle to injure you, we are here to help you file a compensation claim. Our experts are able not only to assist you with completing the standard application form, but also to provide a letter to support your claim and to contact the authorities regarding the progress of your application. We can also act as an advocate on your behalf and help you with your appeal.
After you submit your claim, we will help you obtain the necessary evidence to assess your case, including your medical records, which detail your injuries; and confirmation from the police that you are a victim of a criminal injury traffic accident. If the court decides to award criminal injury compensation, the payment follows within four weeks from the day the decision has been made.
If the court decides not to award compensation, our solicitors can ask the Criminal Injuries Compensation Authority to review your case. According to UK law, we must submit the appeal within 90 days of the decision, along with additional evidence that supports your appeal. If the decision still does not satisfy you, we can appeal to a First Tier Tribunal, which usually deals with unsolved criminal injury compensation claims and has the power to overturn the CICA’s decision. To discuss a potential criminal injury road traffic accident claim, you are welcome to contact our expert solicitors by calling 0800 689 0500 now.
Date Published: October 12, 2013
Author: David Brown