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Road Traffic Accidents

About one-third of all accidents happen on the roads. It is compulsory for drivers of vehicles to have insurance cover against claims from people who may have injuries. This includes claims from their own passengers even if in the same family.

Such a claim can be made whether or not the police have prosecuted the driver at fault. If the driver had no insurance a claim can still be made from an organisation called the Motor Insurers Bureau (MIB).

A claim for compensation for loss and injuries should be brought against the driver who was at fault.

Driver

If you were the driver you can claim for loss and injuries if the accident was someone else's fault. This may be another driver, but it could, for example, be the Highway Authority (Council) if the accident was caused by the road being in a dangerous condition.

If the accident was caused by a pedestrian or a cyclist you could still make a claim, but it might not be worthwhile doing so if that person had no insurance cover and could not afford to pay you any damages. Pedestrians and cyclists do not have to have insurance cover and very few do.

If the accident was solely your own fault you cannot make a claim. However, the value of your car or costs of repairs may be covered by your own insurance policy if it is comprehensive.

If the accident was partly your fault and partly someone else's, you can claim a percentage of your compensation. If you cannot agree the percentage blame, the court can assess it.

Passenger

In nearly all cases a car passenger or motorcycle pillion passenger can make a successful claim for damages for injuries and losses suffered in an accident. The passenger is usually a completely innocent victim, and the accident is the fault of someone else.

Car passengers may have their damages reduced by up to 25% for not wearing a seat belt. Their claim may also be reduced if they knew, or ought to have known, that the driver was unfit to drive through drink or any other reason.

If the driver who caused your injuries was your partner, a member of your family or a friend you may have misgivings about claiming. Don't worry, these types of claims are made every day & you are still entitled to compensation and that is why car insurance is compulsory.

Pedestrians

If you were a pedestrian knocked down by a motor vehicle you should be able to claim damages, if it was not all your own fault.

If it was partly your fault and partly the fault of the driver it is worth making a claim to get some compensation for your injuries. If the percentage of blame cannot be agreed the court will assess it.

As an example, if the driver had been fully to blame and your injuries were worth £10,000, you would be awarded the full total. However, you would just receive £2,500 if the driver was only 25% to blame and you were 75% to blame.

A motor vehicle driver has a duty to observe speed limits, drive carefully and to look out for pedestrians. A driver would be expected to take particular care near schools, pedestrian crossings and ice cream vans for example.

Similarly, pedestrians and cyclists have obligations, too. Pedestrians should take care when crossing roads and cyclists should obey the Highway Code.

0151 255 0740

Road Traffic Accidents shatter more than windscreens. They destroy lives, hopes and dreams. While repairs to your vehicle may be relatively uncomplicated and garages can accurately assess property damage - the costs associated with personal damages such as pain and suffering, impaired physical ability, loss of current and future earnings, loss of enjoyment for you and your family and lost opportunities are complex. It's important that you consult with knowledgeable and experienced personal injury solicitors before you make any decisions regarding a financial settlement.

Most importantly, do not consider accepting a settlement from an insurance company without first obtaining advice from a solicitor. Insurance companies are not on your side. Their mission is to make a profit, often at the expense of their policy holders and injured individuals.

Harkin Lloyd have over 10 years experience in personal injury matters. Our experienced team of solicitors will investigate the facts, evaluate your claim, determine which parties and insurance companies are responsible, and handle all of the details of preparing and presenting your case.

Your ability to make a claim for personal injury rests upon three factors:

1. First is liability, that is, who caused the accident and who is legally responsible;
    

2. Second is the establishment of an amount of damages to which you are legally entitled, and;
    

3. Third, the ability to obtain the damages, specifically whether it is from a source such as insurance company or an individual. If the person is uninsured or untraced the ability to pursue a claim against the Motor Insurers' Bureau. 

As Solicitors who specialise in Personal Injury, we help our clients establish the liability, evaluate and prove the amount of compensation, and enforce the settlement or judgment.

As Specialists, we act both as advocates and negotiators on behalf of our clients. We handle personal injury claims on a daily basis, ranging from simple whiplash injuries to catastrophic injury and death claims. We handle claims from the start to the finish, including a professional evaluation of the claim, meeting the legal deadlines, all dealings with insurance companies or their solicitors, and taking care of the detail that accompany any injury claim.

Harkin Lloyd Solicitors have a team of dedicated solicitors that represent those who have suffered serious injury, financial loss, personal loss and future damages due to negligence involving motor vehicle accidents, motorcycle accidents, bicycle accidents and pedestrians.

If you have been injured in a motor vehicle accident, we will be glad to discuss your case with you at no charge and with no obligation. Call us on 0151 255 0740.