Car Accident Compensation
If you decide to pursue car accident compensation with Macks Solicitors, a legal expert will make sure that your claim proceeds hassle-free. Aside from completing all of the necessary paperwork, we can also arrange for private physiotherapy sessions, car repair and vehicle hire, all paid for by the other driver’s insurer. With Macks your claim will be made with the minimum of fuss, allowing you to get on with life.
But whilst you do not have to trouble yourself with the fine detail of the law, you may be interested in familiarising yourself with the various stages of a claim. This page outlines briefly the points that our experts have to satisfy on our clients’ behalf before compensation is awarded.
The stages of a car accident compensation claim
In English personal injury law, compensation is awarded to a claimant where his legal representatives show that:
- the other driver owed a duty;
- the other driver breached his duty; and
- the other driver’s breach caused the claimant loss.
In the paragraphs below, each of these requirements is addressed with reference to car accident compensation claims and the service that we provide our clients.
1. The other driver owed a duty
It has long been established that drivers owe their fellow road-users a duty of care. Thus, if you decide to make a car accident compensation claim, your legal representatives will not have to spend any time establishing that the blameworthy driver owed a duty of care to you. The law provides this already.
2. The other driver breached his duty
Of far greater concern for your legal representatives is proving that the blameworthy driver breached his duty. Your legal team must prove that the other driver fell below the standard of the ‘reasonable driver’, in other words, that he acted ‘negligently’. Examples of negligence include:
- driving too quickly;
- losing control of the car;
- driving through a red light;
- failing to give way;
- turning when it was unsafe to do so;
- failing to stop or to take evasive action so as to avoid the accident;
- colliding with the claimant;
- failing to drive appropriately in the circumstances, such as driving quickly on a narrow road;
- failing to give warning;
- driving a defective vehicle, such as a car with damaged brakes;
- driving a defective vehicle knowing of the defects;
- failing to maintain a vehicle;
- failing to pay proper attention;
- failing to see the claimant; and
- failing to notice potential dangers, such as neglecting to realise that a pedestrian may walk out behind a parked lorry.
As the burden of the proof lies with the claimant, it is vital that your legal representatives have at their disposal the best possible resources to support your case. At Macks, our personal injury specialists have such resources – we even employ an ex-highway inspector.
3. The other driver’s breach caused the claimant loss
After establishing that the other driver breached his duty, your legal representatives must then show that the breached caused the claimant loss. This is usually a straightforward requirement to satisfy.
‘Loss’ includes not only physical and psychological injuries but also financial losses that a claimant has incurred. So if, for example, you have lost earnings as the result of taking time of work or had to pay for your car to be repaired, these losses can be recovered too.
Macks’ reputation was originally built on suing negligent personal injury solicitors who had failed to recover for their clients the maximum amount of compensation. We are and always have been very thorough in claiming compensation for all of the losses that clients have suffered, ensuring that they get the financial remedy that they deserve.
In the event that the driver is not insured or left the scene of the accident without identifying himself, please be aware that car accident compensation may still be recovered through an application to the Motor Insurers’ Bureau. We have recovered compensation in hundreds of such cases.
Find out more about making a car accident compensation claim
If you would like to speak to a legal expert about the possibility of making a car accident compensation claim please contact us now.
Although cars in the UK are legally required to be certified with an M.O.T in order to be deemed safe, this will not always guarantee you can remain accident-free. Whether through a mistake of your mechanic or a simple malfunction in your machine, accidents, and subsequent car insurance claims, can easily occur as a result of your vehicle.
This article will show you some simple steps you can take to reduce your risk of an accident, from putting on a seatbelt to changing your broken headlights, to make sure your vehicle is as safe as it can be.
Whether long-term or short-term, physical or psychological, the damage sustained from a car accident could entitle you to car accident compensation. The most common type of injury sustained through car accidents are physical ones, such a broken arm or leg, or physical bruising, which usually clear up in their own given time and adequate medical care.
However some complaints can be much longer lasting, and cause problems for years following the event. Some are even difficult to explain, such as fear and anxiety surrounding driving. If you suffer from any one of these problems, you could be entitled to car accident compensation: Macks Solicitors can explain your right to claim and guide you through the process.
Tiredness and fatigue are car accident claim hazards. The pressures of modern living mean that we suffer from tiredness more than our ancestors. Historically, people had regular sleep patterns in tune with the sun, today we have alarm clocks that can wake us at any time. Many people work through the night, or wake well before sunrise.
Former NBA basketballer Dennis Rodman has escaped with a minor scratch on his finger following a potentially lethal car accident. Rodman, who played in the legendary Chicago Bulls team of the mid-1990s, was travelling in Fort Lauderdale, Florida, when a faulty tyre is said to have caused the vehicle to roll three times.
As road users have become more safety conscious, vehicle manufacturers have produced a greater number of more sophisticated safety products.
After the recent Hungarian grand prix, veteran German driver Michael Schumacher apologised for forcing his former teammate Rubens Barrichello to within inches of a concrete wall. The incident further highlighted the dangers of competitive motor racing.
Manchester United midfielder Anderson was reported to be in a state of shock following a car crash in Portugal. The Brazilian international suffered minor injuries as the Audi R8 in which he was travelling in hit a farm wall near Braga. The 22 year old was admitted to hospital with whiplash and concussion, as were his two travelling companions