A Guide to Road Traffic Accident Claims

By Eddie Mansley

Even when liability is not in dispute a personal injury claim needs considered and careful judgement. Going it alone can drive you round the bend so it pays to ask the experts, as MWR’s Eddie Mansley writes.

Accident statistics make tragic reading – their only redeeming feature is they are decreasing year on year.

Figures just released by The Department for Transport and the Regions show:

  • 280,840 casualties on Britain’s roads during 2004 – 3 per cent down on 2003
  • 3,221 fatalities – 8 per cent down on 2003
  • 166 child fatalities – 3 per cent down on 2003

ACCIDENT CLAIMS ARISING FROM ROAD TRAFFIC ACCIDENTS ARE A COMPLICATED AREA. MANY PEOPLE ASSUME THAT INSURERS DEAL WITH EVERYTHING BUT THIS IS NOT ALWAYS THE CASE.

A major factor is whether drivers have comprehensive or third party insurance or legal expenses cover within their policy.

Even the smallest bump can cause trauma and upset but if a third party is responsible then a claim is possible.

Almost every vehicle on our roads has to be insured for third party claims at least. Other road users such as cyclists, horse riders and walkers are not legally bound to have insurance cover but nowadays many do through other policies such as household insurance.

It is sometimes even possible to make a claim where an animal has run across a road and caused a crash- especially if someone has been injured, although detailed advice on such accidents is essential. (Contact Annette Thompson: annette.thompson@mwrlaw.com.)

Also, new EU legislation means that if you drive abroad and have an accident with a foreign driver, their insurers have to nominate an insurance company in Britain to deal with the matter on their behalf, so pursuing a claim against a French motorist should be no more difficult than one involving a British driver.

A personal injury claim is not just about the simple facts of the accident such as a crash resulting in a broken arm. There is much more to it than that.

For example, you might be a sportsman and the injury has prevented you from competing for the rest of the season.

You might have been due to embark on a cruise for your 25th wedding anniversary and you couldn’t go after a crash left you with a leg in plaster.

Aside from the actual hard facts of the accident people can claim for aspects such as loss of enjoyment. In fact, there is often something which is particularly unusual to a claimant, which means that specialist advice is absolutely essential.

TOP TIPS IN THE EVENT OF AN RTA:
  • NOTE THE REGISTRATION NUMBER of the offending vehicle and the DRIVER'S DETAILS including their name, address, contact number and insurance details
  • NEVER ASSUME THAT INSURERS WILL ADMIT LIABILITY, even if the other driver accepts the blame at the scene
  • Obtain the names, addresses and telephone numbers of WITNESSES
  • Take PHOTOGRAPHS of the vehicle damage, the position of the cars before they are moved and the area in general;
  • Report the incident to the POLICE, particularly if there is an injury

For further information please contact Eddie Mansley at MWR Solicitors on 0800 731 0717 or at eddie.mansley@mwrlaw.com.