If you have been involved in an accident whilst out on the road, then you may well be aware that you could be entitled to claim compensation from the responsible party. It is important that you consult a specialist to ensure that you will indeed be entitled to claim compensation, as having an expert on your side will mean that your claim carries more weight and authority. If you are a little unsure as to whether or not you are entitled to make a claim, or what you are able to claim for, then keep reading: this guide is for you.
Firstly, it is important to ascertain exactly who was responsible for the accident. Whilst your car may have been the one hit, that does not necessarily mean that the other driver was responsible. Before making a claim, you need to be open and honest about whether or not you were obeying the law when the accident occurred. It might seem obvious, but you would be surprised by how many drivers will make a claim for compensation due to their damaged car, despite the fact that they had run a red light seconds before the accident occurred! Being upfront about this is important, as making a claim when you are responsible can cost you substantially when the case gets to a court: it is likely that you will be expected to pay back the legal costs of the other side due to wasting everyone’s time.
If you are sure that the other driver was responsible for the accident, then there are three main areas for which you can potentially be compensated if your claim is successful:
The first, which is usually the most obvious, is for any injuries that you have obtained as a result of the crash. Injuries incurred whilst at the wheel typically affect the back or the neck, because of how a person is seated whilst they are driving. As anyone who has suffered a back or neck injury will know, injuries to these areas can leave the sufferer extremely limited in their movement and unable to work. As well as this, it is likely that they will have to pay for ongoing treatment and physiotherapy in order to keep the condition under control. For these reasons, compensation is almost essential, as it will genuinely help maintain their quality of life.
Secondly, it is likely that you will be able to claim for damage to your property. Cars, as everyone knows, are not exactly cheap. It is likely that any accident will lead to you paying out for repair costs or insurance excess – costs that really, the person responsible for the damage should be paying. It is important if planning to make a claim for property damage, that you keep all of your invoices for the repairs that are done, so that those responsible for presiding over the claim can ensure your costs are totally covered.
Finally, it is possible that you can also claim for emotional distress. Motoring accidents can be genuinely traumatic for those involved, especially if they are not too confident behind the wheel anyway. If you have suffered emotional distress as a result of the accident, you may need to pay for counselling, a cost that you should be entitled to recoup from the responsible party.
Date Published: October 1, 2013
Author: David Brown