At The Injury Lawyers we have found that some people don’t seem to realise that if they were the innocent passenger injured in a car crash, they have one of the best prospects of a successful claim for compensation you can get.
It doesn’t matter whether the accident was the fault of the driver who’s car you were in or whether the accident was caused by some other vehicle – you were the passenger, and unless you did something daft like pull the handbrake, grab the steering wheel or severely distract the driver to cause the accident, there is little way you can be said to have been at fault for the accident.
More often than not liability for your accident and injuries will be admitted straightaway, and it’s just a matter of getting medical evidence and settling your claim, which doesn’t take long at all.
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Claiming for injury compensation from road traffic accidents is dead easy; especially since a new system was introduced in April 2010 which made the process faster and less complicated.
Nowadays you can get the other side to admit liability in 3 or so weeks and once that’s done it’s just a matter of getting medical evidence and settling your claim which doesn’t take that long either.
The first stage of the new process is to submit a Claim Notification Form. This a simple form which just details what happened in your accident and names the people and vehicles involved. It gets submitted online via the Ministry of Justice portal and the Defendant then has just 1 business day to acknowledge it and then a further 15 business days to admit or deny liability.
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If I was given just a penny for each time I was asked how much someone’s whiplash claim was worth, I would be a very rich man! (Well, almost!). It is one of the most common, if not the most common, questions we get asked at The Injury Lawyers.
In the vast majority of whiplash claims we deal with, the innocent victim has been involved in a straightforward accident; say someone has driven into the back of their car, or hit them head on or pulled out of a side road into them.
These are claims where it should be easy to get an admission from the Defendant because it was clearly their fault and you would have thought that the amount of compensation people get will be similar. Thing is, whiplash is a funny old injury that affects people in different ways, so the amount of compensation can differ a lot.
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At The Injury Lawyers, we are expert injury lawyers having successfully dealt with thousands of personal injury claims over the last few years. As such we know that whiplash is one of, if not the most, common injuries to come out of a road traffic accident. We also realise that although people have heard of whiplash, they are not entirely sure what whiplash is and whether they are suffering from it. Here’s a little guide:
What is whiplash?
Whiplash is a soft tissue injury that affects your head, neck, shoulder, and back area. It is where you strain the muscles and tendons in these parts.
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If you have been in a road traffic accident with an uninsured driver which was not your fault, you can be compensated for any injuries you have picked up.
Usually, it would be a matter of making a claim through the negligent drivers’ insurance company, but in this case the driver didn’t have insurance. Not to worry, because back in 1946 the Motor Insurers’ Bureau was set up to deal with claims for compensation arising from the negligence of uninsured drivers.
In most cases it will be best to go through the Motor Insurers’ Bureau because the Defendant themselves is unlikely to be worth personally suing; in other words, they aren’t likely to have the money to pay your compensation. They didn’t have insurance after all! Each year, from everyone’s insurance premiums, about £15.00 to £30.00 is put in the Motor Insurers’ Bureau’s compensation fund so that the innocent victims of negligence can be compensated. It would be unjust if because someone didn’t bother to get insurance and you were unable to be compensated as a result.
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Nowadays receiving a ‘pre-med’ offer in respect of compensation for your injuries is common. What I mean by a ‘pre-med’ offer is a pre-medical offer – i.e. an offer made to you by the Defendant without medical evidence having been sought.
The normal procedure in the claims process is to obtain medical evidence after the Defendant has admitted liability. Medical evidence is important because it allows your injuries to be properly diagnosed and detailed so you can find out how long a medical expert believes you will be suffering for. The general rule is that the more severe and long lasting your injury is, the more it is worth. Naturally, having a medical report allows your claim to be properly valued by confirming this.
Why do Defendant’s make pre-med offers?
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Most people have heard of whiplash, but a lot of those people are not 100% sure what whiplash is. Here’s a quick guide:
What is whiplash?
It’s a soft tissue injury to your head/neck/shoulder area. What I mean by this is the damage caused by a strain to the muscles/tendons in those parts.
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Have you been injured when you were a passenger in a car or on a bus? Good news – you have one of the best chances of a successful claim for compensation.
Passenger injury claims are one of the easiest to assess because it is highly unlikely you were to blame for the accident. Really, unless you pull the handbrake or were severely distracting the driver at the time of the accident, you cannot be at fault for the accident. Say you were the passenger in a car when someone drives into the back of that car, how can you be at fault? You can therefore be compensated for any injuries you get as a result.
Here are a couple of examples of good passenger claims. You are on a bus which is involved in a crash, the crash is not your fault, you can seek compensation from whoever was at fault, e.g. the bus driver or the third party driver. You pop out to the shops with a friend and someone drives into the rear of your friend’s car whilst you are waiting at traffic lights and you get whiplash, you can claim compensation for this whiplash.
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If you have been injured in a car crash because of someone else’s negligence, you will usually get your compensation from their car insurer.After all car insurance is there so that if things go wrong cars can be repaired and injured people can get compensation.
But what happens if the negligent driver doesn’t have insurance? Don’t worry! You can still be compensated for your injuries.
The difference is that you will be compensated by the Motor Insurers’ Bureau (MIB) instead of the negligent drivers’ insurance company. Let me explain more…
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You might have been told that you can claim for losses that result from your accident as well as claiming injury compensation – which is absolutely right. But you might not have been told what the difference between General Damages (the compensation for your injuries) and Special Damages is. At The Injury Lawyers we like to keep our advice simple and speak in plain language; so here’s a quick guide to Special Damages.
If you have been injured through no fault of your own, you can claim compensation. The compensation you get for your injuries alone is called General Damages. So you have whiplash, and you make a claim and get £1,500.00 for your injuries. This is your general damages. Ok, but did you know that you can also be get compensation for any other losses that come from your accident as well? You can, and these are called Special Damages. This is compensation for your financial losses.
What exactly are Special Damages?
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