Car Accident Lawyer
Car Accident Claims
Being involved in a road accident can be a very traumatic experience, even more so if you have suffered serious injuries. You should know if you are eligible to pursue road traffic accident claims for compensation. Contact our specialist serious injury lawyers for further help an advice
“Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.”
“Osbornes deals with injuries incurred during traffic and workplace accidents.”
Make a Car Accident Claim
If you or a family member has been involved in a road traffic accident our team of specialist solicitors can help you to gain the rehabilitation and compensation you are entitled to. Every month our team are contacted by road users who have suffered injuries due to an accident that wasn’t their fault.
What should you do when you are involved in a car accident or other road accident?
Whether you are a driver or a passenger, here are some guidelines to follow if you are involved in a car accident.
It is an offence under the Road Traffic Act not to stop after an accident. If the accident causes injury or damage to a vehicle, you must provide your name, address and vehicle registration number to whoever has ‘reasonable grounds’ to request them. This could be the other driver, their insurance company or the police. Note if the driver is not the owner, the owner’s name and address must also be supplied. Finally, you must report the accident to the police within 24 hours as well as to your insurance company. This is the case even if you do not intend to make a claim.
If anyone is injured, call 999 right away for an ambulance and the police.
The police will not always attend so if you believe the other party is at fault you will need to think like a detective yourself which can be difficult when you are feeling flustered and upset.
Most people will remember to exchange details with the other people involved. But to be certain the details are correct take a photograph of all number plates and vehicles. This will prevent any later argument with an insurer insisting you have the wrong vehicle.
If possible collect details of any witnesses and make notes of the accident, such as the time, date, exact location and weather conditions. The cameras on our mobile telephones are ideal for assembling this evidence.
Should you decide to pursue a claim for compensation for personal injury this information will be very helpful. However, you should not be put off from making a claim because you are concerned you do not have all the necessary details. An experienced personal injury solicitor will know how to go about obtaining all the information needed.
In summary:
- Record the details of the other party at the scene, including name, address, telephone, insurance details and vehicle registration number.
- Report the matter to the police immediately. If for any reason this is not possible, report the accident in person to a police station as soon as you can (and get a police reference number).
- Take details of any other party and any witnesses.
- Contact your own insurers.
What type of car accident can I claim for?
Pedestrians crossing the road
The rights of pedestrians are well protected by the law. There is no offence of “jaywalking” in this country and if a pedestrian is knocked down at traffic lights, on a crossing or other place where they should have been visible to oncoming traffic, there will usually be at least some fault on the part of the vehicle user.
Car Passenger Claims
There will almost always be a claim here as road accidents are invariably caused by someone’s negligence but the car passenger will have been an innocent party.
Rear-end shunt
These are common cases where one vehicle fails to brake and collides with the back of the vehicle in front. Almost always liability will rest with the driver of the vehicle behind.
Hit and Run
If the accident was a hit-and-run or if the other party was not insured then the case can still proceed but it will be dealt with by the Motor Insurers Bureau (MIB) rather than an insurance company.
Insurance is compulsory for nearly all motorised road vehicles. Most road accident claims are therefore directed to a motor insurer and they pay the compensation and costs in the successful cases.
Uninsured cases are run like any other personal injury claim but the MIB has a separate scheme for Hit and Run cases. Under this scheme, court proceedings are not allowed and there are special rules governing eligibility, procedure and costs.
No Win No Fee Auto Accident Claims
Your claim would be funded on a No Win, No Fee basis which means you will not have to pay anything at the start of your claim and there will be nothing to pay should your claim be unsuccessful.
When you call us to discuss your claim, our personal injury lawyers will discuss funding and explain, in full, payments to be made from your compensation.
Are there time limits on making a road accident claim for compensation?
The time limit for making a road traffic accident claim is three years. This means that court proceedings must be issued within 3 years of the accident date. There are some different time limits and court may decide to extend depending on the circumstances and type of case. When you call us for your initial free consultation our legal team will discuss this with you.
London Car Accident Lawyers
Osbornes Law specialise in personal injury claims for compensation, we have a large team of experienced and independently accredited solicitors handling road traffic accident claims in London and across the UK. Our solicitors have helped thousands of people get their lives back on track following serious injuries. We have built up a strong reputation for representing clients with the following injuries:
Our legal teams comprise car accident lawyers fluent who are fluent in many languages including Romanian, Hungarian, Polish, Bulgarian, Czech and Spanish.
Car Accident Claim FAQs
How do I start a car accident claim for compensation?
Whether you are a driver or a passenger, you may be entitled to claim compensation for your injuries. If you intend to claim for personal injury, you should get advice from a legal specialist. The Association of Personal Injury Lawyers (APIL) is a not-for-profit association of legal specialists. APIL will be able to find you an accredited, expert personal injury lawyer. You may also look for members of The Motor Accident Solicitors Society, which is an association of solicitors who specialise in helping people who suffered personal injuries arising from motor accidents. The Law Society has its own panel of experienced practitioners and will be able to help you find a personal injury solicitor local to you.
Does it matter if the police are not prosecuting the other party?
In short, no. You can still succeed with a compensation claim in full.
Can a passenger claim for personal injury compensation?
Injured passengers are entitled to claim against the driver who was at fault. This could mean the driver of the car that they were travelling in. If more than one driver was at fault, they can claim against each one. Click here for more info
Can I still make a car accident claim if I was not wearing a seatbelt?
The law says that passengers and drivers must wear a seatbelt and failure to do so could result in criminal prosecution. Seatbelts are one of the simplest yet most effective ways of saving lives on the road. However, if you were involved in a road traffic accident and the accident was not your fault, failure to wear a seat belt does not mean you cannot claim compensation. Your compensation will likely be reduced, however. A 25% reduction is typical.
Can I claim compensation if the car accident was my fault?
First, consider whether the accident was truly your fault or not. Sometimes it is not entirely clear where the blame lies, and it might even be shared between the parties involved. A solicitor will help you determine whether you could be held responsible.
Even if you are found partly responsible you may still be able to claim personal injury compensation.
What should you do if a cyclist hits your car?
Cyclists aren’t required to hold insurance which means that if they are at fault for an accident unless the cyclist has third-party cycle insurance it is most likely that you will have to claim through your own insurance.
In relation to liability, we will use our expertise and experience to secure 100% liability, or as close to it as possible on the facts of the case. If the opponent was at fault but alleges that it was also your fault, then they are making a claim for ‘contributory negligence’. Just as it is for the claimant to prove their primary claim by evidence, it is up to the defendant to put forward evidence to show that you are partially to blame. If they succeed, the final amount of compensation is reduced by a percentage to reflect your contribution of blame.
It is common for contributory negligence to be raised against claims brought by cyclists. Examples would be running a red light, being unlit in the dark, and turning without indicating.
Where a claimant sustained head or facial injuries and was not wearing a helmet, insurers and their lawyers will usually claim up to 25% for contributory negligence, but they will not often succeed in this evolving area of the law.
It should be remembered that the hierarchy of responsibility principle has been written into the Highway Code, and is generally applied as a common law principle. It means that those with the potential to do the most harm must bear the greatest responsibility to avoid the danger they pose, and in practice means that the negligence of a car driver will be considered more serious and significant than that of the injured vulnerable road user, and so findings of contributory negligence against cyclists are often relatively low, around the 20% – 30% range.
It is also the case that allegations of contributory negligence can be thrown into discussions for the purposes of negotiation and may not always have merit on close inspection.
Speak to a Car Accident Lawyer Today
Call us 020 7485 8811
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Osbornes deals with fatalities incurred during traffic and workplace accidents.
Osbornes clients are individuals whose cases are treated with the focus required when dealing with life changing injuries.
Fielding a ‘first class, very well resourced’ team of litigators, the personal injury department at Osbornes is rated for its diverse workload of complex, high-value injury claims, representing both domestic and international claimants.
Osbornes is an excellent firm, made up of lawyers with flair and pedigree.
Osbornes lawyers are smart, well trained, experienced and well managed.
Osbornes personal injury practice is first class; very well resourced and second to none.
Osbornes is becoming one of the top players in the claimant personal injury market. A large team with a great number of very high quality solicitors.
Osbornes is a highly proficient serious injury firm. They bring all the benefits of the biggest firms in the market but none of the downsides.
It has considerable experience in cases arising from motor accidents and accidents at work
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