In order to have the basis of a claim it has to be proved that someone was to blame for the accident. This may be another road user, another driver or it may be the driver of a vehicle in which you were the passenger.
Even if you were partly at fault for the accident you may still be able to recover compensation however it may be reduced to take into account the amount you were to blame.
What if the Driver has no Insurance or Cannot be Traced?
Even if the driver at fault has no insurance or cannot be traced it may still be possible to recover compensation from the Motor Insurers Bureau. This is a body funded by insurers to compensate victims in cases where the driver at fault has no insurance or cannot be traced. However it will still be necessary to show that the driver was at fault.
Steps to Take Following an Accident
- Get the full name, address and insurance details of the other driver.
- Report the accident to the police
- Seek advice from your GP or the hospital in relation to your injuries
- Get the names and addresses of any witnesses
- Report the accident to your insurers
- Keep receipts for all expenses you incur (including travelling costs to the hospital / your GP) - bus tickets, taxi receipts etc
- Take photographs of the accident scene or draw a sketch plan.
If you are successful in your injury claim you will usually be able to claim compensation for any pain or suffering you have suffered as a result of your injuries. You may also be able to claim for other losses you may have incurred as a result of your accident such as:-
- the cost of medical treatment or medication
- damage to clothing
- loss of earnings
- travel expenses to and from your GP or Hospital for treatment
- care and assistance someone has had to give you because of your injuries
If you have suffered any financial losses as a result of your accident you should keep a record of them. You should also keep any receipts for those losses
A person usually only has 3 years from the date of their accident to issue Court Proceedings. Therefore if Court Proceedings are not issued within 3 years of the date of the accident you would usually be unable to pursue your claim further as it would be out of time and statute barred. The Courts can however waive this 3-year time limit if it can be shown that there was a valid reason why you did not pursue the claim sooner.