If you have been a victim of a car accident that was your fault, you may be wondering whether you can claim compensation.
Unfortunately, the answer is complex and depends on what degree of blame falls onto your shoulders.
Compensation is usually paid if a car accident that results in injury or loss is caused by someone else. In this case, you would file a claim against the other person. Their motor Insurers should settle your claim, or the Motor Insurers Bureau if the other driver was un-insured or un traced.
However this doesn’t apply if you caused the accident.
Even if the accident was your fault, you may be able to claim compensation. Contact our team of road traffic accident specialists today to find out more.
What is a ‘Non-Fault Accident’?
If you’ve ever investigated making a personal injury claim, you might have heard the term ‘non-fault accident’. This simply means that the accident wasn’t your fault.
If you were not responsible for causing the accident, and you have suffered Personal Injury, then you are able to pursue a claim for damages against the other driver’s motor insurers.
It’s the opposite of an ‘at fault’ claim where you are held liable and cannot claim compensation. Even if you believe this may be the case, contact car accident solicitors ASAP to find out whether you have a case.
Types of Non-Fault Accident
There are various types of non-fault accident that involve vehicles, motorbikes, cyclists, pedestrians and horse riders. Typical scenarios could include:
- A road user pulls out at a junction and hits another car that had right of way.
- A road user isn’t paying enough attention or leaving enough room and hits a parked car from behind.
- A car pulls out in front of another at a roundabout.
What if I caused, or partly caused, the accident?
If you are 100% to blame for the accident due to careless driving, you lost control or made an error, you cannot claim compensation. This includes cases where you have sustained an injury or loss.
However, if you can prove that the accident was only partly your fault and the other person involved is also to blame, you could make a personal injury claim.
If you are partly to blame for causing an accident you could still bring a compensation claim
As previously mentioned, the case is more complex if you are partly to blame for causing an accident. Compensation can be awarded but will be decided according to the percentage of blame attributed to you. Always seek legal advice before accepting liability as it could affect your ability to claim.
We can help ensure that you get what you deserve. Contact our team of car accident specialist solicitors to find out more.
How do I know who is to blame for an accident?
Sometimes it’s clear who is to blame for a road traffic accident. However, English laws can be complex and it’s not always obvious, particularly considering the recent changes to the Highway Code.
An experienced solicitor can provide you with advice on whether you can claim compensation.
What’s the average payout for a car accident in the UK?
The amount of compensation awarded depends on the damage sustained and how severe it was. This can range from a few hundred pounds to thousands of pounds. More complex cases with more severe and disabling injuries can be worth significantly higher amounts.
How long does a car accident claim take to settle?
It can take anywhere between a few months and a couple of years to settle a claim. Generally the case duration shall be guided by the severity of injuries and the co-operation of the other driver’s insurers.
What should you do if you’re involved in a car accident?
If you’re in an accident that causes injury or damage, you should share your name and address, as well as your vehicle registration details. You must also report the incident to your insurance company, even if you don’t wish to make a claim. It can be very helpful to take photographs at the scene of an accident of vehicle damage and the position of vehicles following a road traffic accident. These photographs can be helpful in relation to determining who was responsible for causing the accident.
Should I accept an out of court settlement?
In many cases, an out-of-court settlement is a better option as it reduces stress and investment. However, this is not always the case. Always speak to a solicitor before coming to a decision.
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Want to find out more about claiming for an accident that was your fault? Contact our team of expert solicitors today.