Who to Claim Against
Claims are made against various different parties depending on your status. If you were a passenger in a car which was involved in an accident you should claim against the insurance company of the person whose fault the accident was whether that be the driver of the car you were in or the driver of another car, or both if necessary. If you were involved in an accident as a pedestrian, cyclist or motorcyclist your claim should be made against the driver of the vehicle which caused the accident. If the person at fault was driving in the course of their employment proceeding should be issued against the employer, or if it is unclear whether the person was driving in the course of their employment both the driver and their employer should be named as the parties. If you are claiming on behalf of someone fatally injured you will need to know the circumstances of the accident before it can be determined who to claim against.
There are various injuries that result from a road traffic accident, the most common of these being whiplash, the most severe being death. In order for your claim to be successful you must prove that someone else was responsible for your injuries. You may be partly to blame for the accident for example by not wearing your seatbelt, in which case any compensation awarded will be reduced accordingly.
Levels of compensation vary in accordance with the injuries incurred. Also if you are in any way at fault the compensation will be reduced. If you were in a vehicle and in an accident when you were not wearing your seatbelt your compensation will be reduced by 25% if your injury would not have occurred if you were wearing your seatbelt and 15% if your injuries would have been less severe. If you were on a motorbike and not wearing a helmet a reduction of 15% will be incurred and if you were wearing a helmet but the chinstrap wasn’t fastened your compensation will be reduced by 10%. Also if you were a passenger in a vehicle and you knew that the driver was drunk and should not be driving compensation will be reduced by 20%.
If you have any queries regarding an injury sustained in a road traffic accident please contact us on 0114 296 5444 or complete the enquiry form on this page.