07 Aug Road Traffic Accident: What Types of Claims Are There?
If you have been involved in a road traffic accident, you may find that any injury or damage caused as a result may have a considerable impact on your life thenceforward, either in the terms of your access to a working vehicle or any short or long-term injury you may have suffered. You might need time off work that exceeds your usual sick pay or means that you are out of pocket in terms of wages, and your wider family may be heavily negatively affected by any change too. You’ll also need to pay to repair any problems with your vehicle that might have resulted from the accident. Because of these factors, you may be considering making an insurance claim. If the accident was your fault and you have fully comprehensive insurance cover, you should be able to claim for damage to your vehicle but not for any personal injury. If the accident was not your fault, it will absolutely be possible for you to receive a payout from any insurance policy you or the other driver may have by making a claim that falls into any of the categories below:
Car Accident Claim
A basic car accident claim can be made if you suffer an injury, or your vehicle is damaged, and what happened was clearly the fault of the other driver. If you can prove that the driver was:
- Racing, speeding, or driving aggressively,
- Ignoring traffic lights, road signs or other warnings,
- Overtaking without due care or attention,
- Driving under the influence of drink or drugs, or when unfit to drive (this could include having poor eyesight and failing to wear glasses or being too tired to drive),
- Driving an unsafe vehicle or a vehicle with a dangerous load,
- Distracted, e.g. using a mobile phone, looking at a map, lighting a cigarette, fiddling with the sat nav system or putting on makeup,
you will definitely be able to claim.
One of the most common insurance claims that are made are for whiplash. Whiplash is usually defined by torn neck ligaments or damage to bones or soft tissue resulting from an impact and can be extremely painful – potentially preventing the sufferer from working or taking part in sports and hobbies for a significant amount of time. If the accident was not your fault and you have documentation from a physician to prove that you are suffering from whiplash as a result, you will very likely be able to make a whiplash claim.
Cycling or Motorbike Accident
If you were knocked off your bike and the accident wasn’t your fault, you can make a claim. You can claim for personal injury, damage to your bike and even damage to any personal belongings that were on you at the time. If your bike was your only means of getting from place to place, you can also claim to be compensated for the costs inherent in using public transport or other means of getting around.
As a passenger, you can claim for any documented injury you receive in an accident – even if the driver of the vehicle in which you were a passenger was responsible. However, the amount you receive may be reduced if it can be proven that you knew the person was in some way impaired or under the influence of drink or drugs and still got in their car.
If you are injured in an accident on public transport that was not your fault in any way, you can absolutely make a claim for compensation. The transport provider has a duty of care to its passengers, and should pay out for any valid claim.
Fatal Road Accident
You can make a claim for compensation if someone you know has been killed in a road accident. To be eligible to do so, you need to be the husband, wife or civil partner of the victim (ex partners and partners from annulled marriages can also claim), and it does not matter how long the marriage has lasted.
Cohabiting partners who are not married can also claim, but they must have been living with their partner, within that relationship, for at least two continuous years before the accident. Other permissible claimants include parents or ascendants – for example, grandparents or great-grandparents – and children, grandchildren and adopted descendants or those related by marriage. Brothers, sisters, aunts or uncles can also claim.