Seeking Compensation in Road Traffic Accidents
Being involved in a road traffic accident is an awful experience, and if you’ve been injured as a result, dealing with the aftermath can be confusing and stressful. Here, we look at some frequently asked questions around road traffic accident claims, and what to do if you’ve been injured in an accident that wasn’t your fault.
What is a road traffic accident claim?
If you have been injured in an accident on the road, and the accident was not your fault, you may be able to make a claim for compensation. The ability to claim is not limited to drivers – you might have been the driver, passenger, or a pedestrian or cyclist on the road. If you are at all unsure about the circumstances of your accident, speak to one of our dedicated personal injury team now on 0800 044 8488 for a free, confidential review of your claim.
How long do I have to claim?
You usually have three years from the date of an accident in which to claim compensation. Although this may seem like a long time, it is not a quick process, and it is important to seek specialist legal advice as quickly as possible after an accident.
If someone suffers brain damage as a result of the accident and no longer has mental capacity (the ability to make their own decisions safely), then the time limit does not apply unless they regain capacity. If someone injured in the accident is under the age of 18, then the 3 year time limit does not begin until that person’s 18th birthday.
The other driver was not insured, can I still claim?
There is increasing press coverage about accidents where the people who were at fault did not have insurance. If this is what happened in your particular case, it does not stop you from being able to claim compensation. An organisation called the Motor Insurers’ Bureau was set up in the 1940’s to ensure that people could still receive compensation in the event they were hit by an uninsured driver, and continues to do so today. An experienced personal injury solicitor like the ones at Enable Law will be able to tell you if they can help.
Will I have to go to Court?
It is rare for a personal injury claim to go all the way to trial. Your solicitor might have to issue court proceedings for a number of reasons, but your attendance in Court is unlikely. Your solicitor and barrister will deal with all Court matters; you would only have to attend Court to give evidence at trial, in the event your claim does not settle. You would not be expected to deal with anything on your own, and your solicitor would be there by your side throughout the claim process.
Will I have to pay tax on my compensation?
If your claim is successful, you will receive compensation intended to offset any loss made because of your injury. Although this would not be taxed, it would be subject to tax on the interest earned. You would also be at risk of losing any means-tested benefits if your money was in your bank account. At Enable Law, our specialist teams can advise you on the best way to protect your compensation and your benefits once your claim has settled.
Being involved in a road traffic accident can make it feel like life is against you, but our team of specialist serious injury solicitors will be with you through every step of your claim. Call us now on 0800 044 8488 or click here to contact us.