It’s bad enough being hit when you’re in a vehicle, but getting hit when you’re trying to enter your vehicle can be even worse. If it’s still your vehicle that has been hit as opposed to you, you’re likely to feel a significant jolt and perhaps end up being thrown to the ground.
You won’t have the added protection of a seatbelt as well, so the force of the impact could be quite substantial. But what are your rights for making a claim for personal injury compensation if this has happened to you?
It works in the same way really – as long as the other driver was at fault, you should be able to make a winning claim. Getting in to a stationary vehicle and being hit by another driver says to me that it’s highly likely that the other driver was at fault. Perhaps if you’re parked at the side of the road or in a supermarket parking space when your vehicle is hit – the other guy should be at fault.
When it comes to valuing a claim for compensation, we send you to see a medical expert who provides a report for us that outlines the severity and length of the suffering. If you end up feeling the effects of a muscular injury more because you didn’t have the safety of a seatbelt, this can push up the value of the claim. If you suffer any losses and expenses, such as lost earnings from time off work, this can be included as well.
If you’re unlucky enough to end up forced down on to the ground, any broken bones or other impact injuries can be claimed for as well. Generally speaking, the more you suffer, the more we get for you.
Normally in claims you can be penalised for not wearing a seatbelt. The insurers can allege contributory negligence, which means you are partially to blame for failing to adhere to the law and wear your seatbelt. There are of course reasonable exceptions – if you’re not actually in the car, how can you be wearing a seatbelt? In another scenario though, if you had just got in and were about to belt up and set off, you should not be held at fault if you have yet to actually put the restraint on before setting off. If you were in motion, it can be a fair argument.
For free advice, call our claims helpline on 0800 634 75 75. We work on a No Win, No Fee basis so you are not charged if the claim doesn’t win. We can get a claim set up and submitted on the very first call – you don’t have to wait around for lengthy paperwork to fill in and send back. With The Injury Lawyers, it’s a quick and hassle free process.
