Car Accident Compensation
A member of your close family or relative are involved in a road traffic accident, also known as a road traffic collision it can be a very traumatic experience. Sometimes physical injuries are sustained but on occasions such physical injuries can also extend to psychological trauma.
The injuries sustained in a car accident can be at the very minor level of whiplash for which you may be entitled to whiplash compensation but on occasions can involve injuries of the utmost severity.
If the injuries were not your fault then it may well be that you are entitled to whiplash compensation or car accident compensation from the person who was at fault (the negligent party).
Car accident compensation is ordinarily a very speedy process dependant on the type of injury you have sustained, the way those injuries have affected you and moreover the date of the car accident.
Following the creation of the Ministry of Justice Portal system in 2009 predominantly all car accident compensation claims are commenced via an electronic link between a Solicitor or Claims Management Company acting on your behalf and the relevant road traffic insurer of the vehicle involved in the collision.
As a result of this the whole process is speeded up considerably as it places an obligation on the insurance company for the person at fault to admit or deny responsibility for the road traffic accident within a 14 day period. Whilst this is extended slightly for car accident compensation claims where the person at fault was uninsured this still is considerably faster than historically was the case as the Motor Insurers Bureau have to respond within 21 days.
Once the relevant insurer has admitted responsibility for the collision this becomes a binding agreement and it is simply a question of then negotiating the amount of compensation that should be paid to the injured person.
The Ministry of Justice Portal system is effectively run in stages which are in three distinct categories. They are as follows:-
The claim notification where the insurer of the person at fault must admit or deny responsibility within 14 or 21 days for the reasons set out above.
The obtaining of medical evidence to support the injuries sustained in negotiation of settlement of the claim.
The Court process which is used for instance where the parties cannot agree the value of the claim or the victim is under the age of 18 years such that a Courts approval is required for the amount of damages recovered.
Most cases that are dealt with via this practice are concluded in stage 2 and once agreement has been reached on the amount of compensation damages are paid ordinarily within a 21 day period.
There are of course occasions where the Ministry of Justice Portal system is not appropriate. This sometimes occurs where there has been a car accident and the victim is claiming car accident compensation the level of damages (the amount of compensation to be paid) is in excess of £10,000.00. If this is anticipated to be the case then the MOJ Portal system is not the appropriate way to commence the claim and a detailed letter is sent both to the person who was at fault, their relevant road traffic insurer or as the case may be the Motor Insurer’s Bureau. This letter of claim must be acknowledged within 21 days and the person at fault then has 90 days to investigate liability and make a decision as to whether they wish to admit fault.
Following the European Communities (Rights Against Insurers) Regulations 2002 an injured party can now pursue a claim in a direct right of action against the relevant road traffic insurer. This again speeds up the process on the basis that historically sometimes persons who were at fault for collisions would fail to pass letters to their insurance company and effectively bury their head in the sand. As a result of the aforementioned provisions we can therefore engaged directly with the relevant road traffic insurer which avoids delay.
As set out above to enable a claim for accident compensation to be made it is necessary to obtain medical evidence which shows a link between the car accident and the injuries that you suffer from. We therefore take steps to arrange medical appointments very quickly with relevant health care providers so that all relevant medical evidence can be obtained in a very quick process. Predominantly such medical evidence for car accident compensation is via an Orthopaedic Surgeon who provides evidence about whiplash, etc but as discussed above injuries are sometimes more severe such that evidence from other experts are required.
At Victorious Claims we have a designated Medical Liaison Officer who liaises direct with experts to ensure that medical evidence is obtained as quickly as possible and also liaises direct with you to ensure that appointments are attended. Indeed if you have difficulty in attending a medical appointment we can arrange transportation to ensure that your car accident compensation is obtained as quickly as possible.
Sometimes when we receive telephone calls from clients who wish to make such car accident compensation claims they often tell us that they have carried on in a rather stoical fashion and have not sought medical assistance prior to contacting us. Whilst one would sometimes expect to see persons attending either hospital or their General Practitioner following a road traffic collision this does not prevent an application for accident compensation. In conclusion a car accident claim can be made whether you were a pedestrian, passenger, driver or indeed passenger in a taxi or bus. Please contact us to discuss your claim further.