Incidents involving drink-driving: myths around claims

Road at night
3 minute read

Recently we met with Avon & Somerset Police and RoadPeace to discuss ways we can support them in making roads safer.

Driving under the influence of alcohol and drugs remains one of the main causes of catastrophic injuries and death. In the UK we have one of the highest alcohol limits in Europe but, despite that, people committing these offences tend to significantly go over the limit.

There is always a spike of drink driving incidents during the holiday period as people are likely to drive to see loved ones and go out. With many public transport means reducing their service during the holidays some feel they are left without a choice when planning how to get to and from their destination but to drive.

Despite the number of road checks and cameras in place to deter people from drink driving, every year we see a high number of injuries resulting from drink driving. When it comes to claims there are a number of misunderstandings about when people can make a compensation claim following being injured in an incident involving a driver who was under the influence.

The driver of the car I was in was drunk

We have seen this come up in claims a lot especially following Christmas parties where people may get a lift from the friend of a friend where they did not know the driver had been previously drinking. It is easy to blame one’s self after something bad has happened for not thinking about asking the driver before getting in the car but sometimes the passenger may be quite drunk themselves, it may be late and the offer of a free lift may cloud their judgement. If you are injured because of a road traffic accident caused by a drunk driver you can still make a claim against their insurance even if you feel you should have known better. The process of making the claim is not straightforward and many factors will have to be considered but an expert road traffic accident solicitor will be able to help you get the best possible result to meet any new needs you have as the result of your injuries

I was a victim of a hit and run

Sadly there are still many cases where the driver that caused the crash will decide to run away instead of staying to help the people that were injured and exchange insurance information. Unfortunately this happens a lot. Many people think that if the police cannot make a successful prosecution they cannot make a personal injury claim to secure funds to help them get back to where they would have been had the injury not happened and this is not the case. A criminal investigation is completely separate to a civil one and even if the person that caused your injuries is never found, you can still claim compensation from the Motor Insurers Bureau. A specialist solicitor will be able to guide you through the process.

The police decided not to press charges against the driver

There are many reasons the police may choose to do that. The criminal justice system is complicated. You can still make a personal injury claim for compensation even if that is the case.

The other driver was uninsured

Things can get complicated when the driver causing a serious injury is not insured but again that does not mean that you can’t get help and make a claim for compensation. Depending on the level of offence and your injuries an experienced solicitor will be able to help you bring a claim against the Motor Insurance Bureau.

If you have been injured in an incident that was not your fault it is always best to talk to a personal injury lawyer. You have nothing to lose and much to gain, as a successful claim can go a long way to helping you recover from your injuries and make adaptations to your life. To have a free, confidential and no obligation chat with one of our experts call us on 0800 044 8488 or fill in our form here Bristol – Enable Law so we can call you back at a time that suits you.

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