FAQs On Road Accident Claims: Your Most Important Questions Answered

24 Jan 2021
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Law

A successful claim for a road traffic accident depends on several factors, one of which is whether or not you can reasonably prove that the accident was the fault of the other party. This is where the proper evidence comes in, and your evidence should include photographs of the accident site, the vehicles involved, your injuries if you have had any, and eyewitness statements and accounts whenever applicable as well. But what else should you think about regarding your road accident claim? The act of filing a claim is entirely different from merely thinking about filing one, and there are other matters to remember, besides. Here’s a list of the top FAQs on road accident claims – your most important questions answered.

Am I eligible for a Road Accident Claim?

First things first, you should find out if you have any claim at all. If you firmly believe that your accident and injury wasn’t your fault but the fault of the other party, then you may well be deserving of compensation. You can make a claim as a driver, as a passenger, or as a pedestrian, and you can be eligible for filing a claim if your injury and accident occurred in the last three years and if you think some other person or entity was to blame, even if the accident was not entirely due to them.

What if the Accident was Partly My Fault?

In road traffic accidents, it is not always evident who is to blame, especially at first glance. But if in your case, the accident or road traffic injury can be attributed to both you and the other driver, it may still be possible to make a compensation claim. These kinds of claims can usually be processed as a ‘split liability’ agreement. You are likely to get compensation, although the final compensation amount may be reduced. The court can, for example, decide that you were 50% responsible for your injury, so you would receive 50% less of your compensation claim.

What is the Compensation I can receive from my Road Accident Claim?

According to experienced road accident claim Gloucestershire solicitors from Shires Law, the amount you can receive will vary based on more than a few factors. One of these is the extent or severity of your road accident injury, and another factor is the expenses you have which are directly related to the road accident or injury. Your solicitor can help determine the amount of compensation you may be able to get as they will consider how your accident has impacted your life and outlook. Your compensation can include both general and special damages as well. General damages refer to the pain, loss of amenity, and suffering you have experienced because of your injury, while special damages refer to the actual expenses you have had because of it.

What is the procedure of filing a claim with a solicitor?

Once you have decided to push through with your claim with help from a solicitor, they will draw up terms for representing you and an agreement referred to as the ‘Conditional Fee’ agreement, also called the No Win, No Fee agreement. Your solicitor will then help gather proof and evidence regarding your road accident, arrange an examination by a medical professional, assess your medical report, submit your claim notification, and be with you throughout the process.

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