Trusted Road Traffic Accident Solicitors Liverpool
If you’ve suffered an injury as a result of a road traffic accident, whether as a driver, passenger or pedestrian, then you may be entitled to claim compensation for your injuries and financial losses.
Regardless of how minor your injury may seem you may be able to claim compensation if the accident is wholly or partly the fault of someone else. This may be the other driver, but fault may also be established against the Highway Authority in respect of defects in the road, its layout, or even for their failure to salt or grit the road in adverse weather conditions.
Who can claim for a road traffic accident?
Anyone involved in a road traffic accident that wasn’t their fault is able to make a claim for compensation. This includes pedestrians and cyclists. Litigation friends can assist children or protected parties to bring a claim. Personal representatives can bring a claim on behalf of a deceased’s estate.
- Litigation friends can be family members or friends who make decisions in the best interests of the child or protected party.
- Protected parties are adults who lack mental capacity to manage their own court cases.
- A personal representative is the person or people legally entitled to administer the estate of a person who has died.
How to claim for a road traffic accident?
How claims for road traffic accidents are made has changed in recent years. Following the Whiplash Injury Regulations 2021 individuals suffering from whiplash type injuries are now directed to the Official Injury Claim (OIC) Portal to deal with their claims themselves. The claims for whiplash are now valued under a tariff system and the amount claimable depends on the length of pain suffered.
However, not all claims can be dealt with in the OIC portal. The following classes of people will need legal advice:
- Cyclists, motorcyclists and pedestrians;
- Children (under 18);
- If the accident happened outside of England and Wales;
- The accident happened before 31st May 2021;
- You have a more serious injury valued above £5,000.
At Morecrofts, we do not assist in claims on the OIC Portal as it was designed for people to complete themselves. Assistance can be found online on the Official Injury Claim website at https://www.officialinjuryclaim.org.uk/.
If you believe that the OIC portal is not the service for you, please do not hesitate to call us to discuss your options.
How long after a road traffic accident can I claim?
With very few exceptions, you will have 3 years from the accident date for your claim to be issued at Court. If you are under 18, you will have until your 21st birthday. If you are acting as the personal representative of a deceased’s estate, you have 3 years from the date of death.
What is the process of claiming for road traffic accident?
To be successful in a road traffic accident claim, you will have to:
- Identify the other driver,
- Prove that the other driver owed you a duty of care,
- Prove that the other driver breached their duty of care towards you,
- Prove that the other driver’s breach of duty caused your injury.
There is a process and timetable the parties are expected to follow for the exchange of relevant information in order to resolve their dispute amicably. However, if the dispute cannot be resolved amicably, court proceedings may be necessary.