Auto Accident Claims

by LAYeiser

The Law Offices Of Michael Barszcz, M.d., J.d. – Elements Of A Car Accident Injury Claim

When you are involved in a car accident, you have the legal right to seek compensation from the party or parties that caused your accident or injuries. This usually involves the assistance of an attorney experienced in these types of cases.

Elements of a Claim

There are certain elements that pertain to a car accident claim and they must be met in order for you to receive compensation for your claim.  The first element is that you must show that the party you are seeking compensation from, caused your accident or injury. They may have done so through negligence or deliberately. Secondly, you must show how their negligence or deliberate actions caused your injuries.

You must show that an individual was at fault for your accident or injuries. They did or did not do something that caused your accident, such as speeding, driving while intoxicated or failing to observe a stop sign.

Elements of Damage Compensation

After you have shown fault or negligence on the other parties part, you must prove what damages you are eligible for. You may have recurring medical bills on a life-long basis, or a one- time medical bill. Other damages may include loss of wages, present and future earning capacity. Pain and suffering is another loss you may be entitled to be compensated for. By proving these elements, you can receive compensation for your losses.

It is very important that you meet the deadlines for filing automobile accident claims. There are statutes of limitations for filing a lawsuit and if you are to be successful, you must file in a timely manner.

You want an attorney who is realistic in his projections of what you are likely to be awarded. Insurance companies do not respond well to unreasonable or inflated claims and these claims often can take much longer to settle. An attorney who is honest about the strengths and weaknesses of your case is more likely to be a successful advocate for you.

by ✿Low✿

The Fast Track Car Accident Injury Claim Process – 10 Things You Must Know Before Making A Car Accident Compensation Claim

Since the late 1990’s solicitors in the UK have been able to handle car accident injury claims under the Conditional Fee Agreement (CFA) system. The CFA system was designed to widen public access to professional legal representation, and means Solicitors can take cases on a “No Win No Fee” basis. If you win your case then your Solicitors fees are paid by the defending party (usually the insurers of the person who caused the accident).

As of April 6th 2010 a new “fast track” car accident injury claim compensation system has been introduced in the UK. The new system is designed to make it faster, cheaper and more simple to make a personal injury claim if you have been the victim of a road traffic accident, whilst at the same time limiting the amount of costs that solicitors and claim managers can recover from the opposing side for handling your claim. Claimants will now receive full settlement in a matter of weeks, when previously their claim may have taken months and in some cases years to settle, there is also the option of getting part settlement of up to £1,000 before the claim has completed.

Does your car accident injury claim qualify?

You must have been injured as a result of a road traffic accident that was not your fault e.g. You have been involved in a car crash where another drivers insurance company accepted liability. If there was any element of “contributory negligence” i.e. you were partly to blame for the accident, then your claim will not qualify for the fast track route, but you may still be able to make a claim but the amount you are ultimately awarded will be reduced by the amount you were at fault. However if your only negligence was not wearing a seat belt at the time of the accident your claim may still qualify for the fast track system.

The date of the accident must be on or after April 30th 2010. If your accident was before this date you can still make a claim but it will not benefit from the fast track route.
The total claim value must not exceed £10,000, including any claim for loss of earnings, and costs related to care and rehabilitation.

The £10,000 overall value does not include vehicle damage and related costs for example the cost of repairing your vehicle and a hire car whilst your vehicle was off the road.
Within the £10,000 overall value the proportion of the claim related to personal injury, e.g. the compensation for pain, suffering, and loss of amenities must exceed £1,000. As a guide minor neck and shoulder injuries can be valued at up to £2,000, with minor back injuries up to £4,000.

Neither party can be subject to the Motor Insurers Bureau’s un-traced driver status, both parties must have a valid insurance policy. If the person responsible for the accident was not insured then you may still be able to make a claim but not under the new fast track regime.

There must not have been a fatality as a result of the accident.

Neither party can be a bankrupt, if you or the person you are claiming against is a bankrupt then you may still have a claim but you can not use the fast track system to pursue your claim.

You must use a solicitor familiar with the new Road Traffic Accident Protocol as they will be bound by certain obligations and time constraints if the claim is to qualify for completion under the fast track regime, and in some circumstances if your solicitor fails to abide by the guidelines the other side could claim costs against you. The Law societies website has a find a solicitor service where you can search for a local solicitor who specialises in this form of work.

Experienced solicitor and car accident injury claim expert Phil Doyle offers free advice and a free answer service to any questions regarding car accident injury claims at http://carinjury.net/