Author: numan
WHAT IF MY DRIVER WAS AT FAULT FOR THE ACCIDENT?
Not all accidents are straightforward and when another driver is at fault then a claim would be made against that person and his or her insurers.
One of the biggest misconceptions is that when the passengers in a vehicle are involved in an accident, the passengers cannot make a claim against their driver. This is not correct and the fact of the matter is that passengers can make a claim against their driver as they were the innocent party; their claim should be dealt in full.
I AM NOT SURE WHO WAS AT FAULT, WHO SHOULD I CLAIM AGAINST?
Initially a claim can be submitted against the other driver if it is not known who is at fault.
If the other driver’s insurance company does not deal with the claim, then on a without prejudice basis a passengers claim can be submitted against the driver of the vehicle where the passenger was sat.
It is not necessary to blame the driver for the vehicle for the accident but a claim can be submitted to the driver’s insurance company to ask them to deal with the claim on a without prejudice basis (without blame) as you were the innocent passenger.
The passengers can have their claim dealt with even if fault cannot be established between the two vehicles as the passenger was the innocent party.
WHAT IF THE OTHER DRIVER DOES NOT ACCEPT FAULT?
In certain cases, you will get both parties disputing liability. In this instance, Versus Law will carry out an in-depth investigation to determine who is at fault. If necessary we will contact any witnesses to support your claim if we believe you are not responsible. Even if the accident was PARTLY your fault, then don’t worry, you may still have a claim
I WASN’T WEARING A SEAT BELT, CAN I STILL CLAIM?
Not wearing a seat belt, does not mean you are not able to claim.
You are still entitled to make a claim but the insurers may make a reduction to your damages ranging from 15-25% depending on the level of injury suffered and the circumstances of the claim.
WHAT IF THE VEHICLE WAS STOLEN?
If an accident happens and the vehicle had been stolen at the time of the collision, then you can still claim for your losses.
The possible situations are as follows:
- Vehicle is stolen, but it was insured, the culprit not found = MIB UNTRACED
- Vehicle is stolen, but it was insured, the culprit found = insurance company will deal with the claim
- Vehicle stolen, not insured, the culprit found = MIB UNINSURED
WHAT IF THE OTHER DRIVER WAS NOT INSURED OR CANNOT BE LOCATED?
In the case of a Road Traffic Accident; when making a claim against another driver, in most cases, they will be insured and we would make a claim against their insurers. However, a significant amount of drivers are uninsured or cannot be traced and in this instance, we would make a claim to the Motors Insurance Bureau (MIB). The MIB was set up to compensate victims of untraced and uninsured drivers. So don’t let this hold you back from making a claim.
WHAT SHALL I DO IF AN INSURER CONTACTS ME DIRECTLY / OR MAKES AN OFFER OF SETTLEMENT?
If an insurance company contacts you direct or any other company other than us wanting to discuss your claim then please pass them our details and hang up.
Insurers try to contact clients direct and attempt to severely under settle claims in the hope a client will be tempted with the offer.
We will make sure your compensation reflects the level of damage you have suffered and based on past experiences, the offer made by the insurers is ALWAYS beaten significantly by us when a client takes our advice.
WILL YOU ARRANGE TREATMENT FOR ME?
If you require treatment, such as physiotherapy or CBT for psychological injury, chiropractor etc then we can arrange the treatment for you to assist your recovery.
The treatment provided to you will be paid for by the Defendant insurers therefore you will not need to worry about the cost.
I HAVE HAD TWO ACCIDENTS CLOSE TOGETHER, CAN I STILL CLAIM?
Yes you can as long as the second accident either made the original injuries worse or there were different injuries in the second accident.
CAN MY CHILDREN CLAIM FOR INJURIES?
Children under the age of 18 can make a claim as long as they suffered physical injury. If there is no physical injury then the non physical injury has to be a recognised psychological injury, i.e. depression, PTSD etc.
Even if the physical injury is minor, we will always recommend a claim is made as this will be in the best interests of the child.
For a child to claim, a litigation friend (an adult, I.e. parent) will need to act on behalf of the child.