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Specialist no-win no-fee
Car Accident Solicitors.

See if you are eligible to make a claim, call us now:

0161 873 5291

Frequently asked questions

Who can make a car accident compensation claim?

All road users have a responsibility to exercise care and consideration whilst driving and to obey the law and Highway Code. Failure to do so can amount to a breach of duty of care, known in law as negligence. If someone else's negligence causes a car accident and another person is injured, the injured party is often entitled to make a Personal Injury Claim for compensation.

For most adults, there is a time limit of 3 years within which a personal injury claim can be made. There are some exceptions to this rule. For more information on the compensation claim limitation period, contact My Car Accident today on 0161 873 5291 for expert claim advice on whether the circumstances of your car accident could allow you or your family to claim compensation.  

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What Should I Do if I Have a Car Accident?

• Report the Accident 

If a car accident occurs, especially if someone is hurt, the law requires that the police are informed as soon as possible. They will file a report on the incident and this is often very important in any legal proceedings that follow.

• Keep a Record of the Details 

It is also important to record as much detail as possible, including the other party's details, contact details for any witnesses and even taske photographs of the vehicles if possible.

•  Establish whether the other party has valid insurance for their vehicle, as any compensation claim you make will be made against their insurance policy. If they are uninsured, it may be possible to make a claim via the Motor Insurers Bureau (M.I.B.).

• Seek Medical Attention

If you or anyone else involved in the car accident has been injured as a result, it is important that you seek medical advice as soon as possible. If you eventually decide to make a personal injury claim for compensation, it will be helpful to your solicitor that your injuries are documented.

• Obtain Legal Advice

The next step is to seek expert legal advice at the earliest opportunity. In every case, medical evidence will be required. It is also necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were actually negligent), and that the injury you sustained was as a result of that negligence. 

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Who is to blame?

Generally, in any car accident claim, the claimant (the person making the claim) has to prove that the other party was at fault. There are some circumstances however, where the ‘burden of proof’ is reversed, meaning that the other party has to instead prove that they were not at fault. Some of these include:

• Cases where the claimant was a passenger
• A collision with a stationary vehicle
• Accidents where the other party was emerging from a minor road
• Road accident where the other party drove into the rear of the vehicle
• If the claimant was a pedestrian on a zebra crossing or at a school crossing
• A collision with a driver turning right across the claimant’s path
• A claimant who was going through a green light and was hit by another vehicle.
• Pedestrians injured whilst using a crossing with the signal in favour of the pedestrian 

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How do I make a car accident claim?

If you believe that you are entitled to make a compensation claim in respect of injuries, you should first seek specialised legal advice from an experienced personal injury solicitor like us. We can advise you on the best way to pursue your claim, collect all the relevant evidence and calculate the losses you have suffered.

More often than not, when a claim is put forward, the insurers for the other party will negotiate a reasonable settlement figure with your solicitor to bring the claim to a conclusion. Sometimes however the insurers will try to deny that their client was at fault, or refuse to negotiate. In these instances your solicitor should pursue the case through court proceedings, so long as they feel that the case has good prospects of success.

Depending upon the circumstances of the car accident, including the response from the other party’s insurers, injuries sustained etc, a personal injury claim can either be concluded in a matter of months or take a year or more.

For professional advice on whether your particular circumstances could allow you or your family to claim compensation, contact My Car Accident today on 0161 873 5291.

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What If I Wasn’t Wearing My Seat Belt?

My Car Accident would always advise any driver or passenger to wear a seat belt for safety if one is available. You can find information on the current laws regarding the wearing of seat belts on the RoSPA website. If you were the innocent victim in a car accident but were not wearing a seat belt at the time, where there was one provided, you should still be able to claim injury compensation.

The amount of compensation you are awarded will likely be affected by your decision not to use a seat belt. Generally, a deduction of 25% will be made if the seat belt would have prevented your injury, or a deduction of 15% if your injury would have been reduced by wearing a seat belt.

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What If My Car Accident Involved a Learner Driver?

For the purposes of establishing liability, learner drivers are expected to drive with the same level of skill as an average qualified driver. The duty of care is not lowered because of the learner’s lack of experience or the ability of the driving instructor.

When a car accident involving a learner driver occurs, the instructor has a joint responsibility with the learner. Examiners are an exception, as their role is not to interfere or guide the learner driver, they are only present to observe.

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What If The Car Accident Was With the Driver of a Company Vehicle?

If you were involved in a car accident with another driver and they were using their company vehicle for work at the time, you should still be able to make a personal injury claim in the normal way assuming they were at fault.

It may be that your compensation claim will be made against both the driver and their employer, as the employer could be held ‘vicariously liable’ (liable on behalf of their employee).

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What If The Other Driver Is Not Insured?

It is an unfortunate fact that not every driver on the road is covered by a valid insurance policy; therefore you may be involved in a car accident with an uninsured driver. 

If this is the case, it may be still be possible to make your claim through an organisation called the Motor Insurers’ Bureau. 

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What is Car Accident Compensation?

If your car accident claim is successful, you will be entitled to a compensation award. 

There are two elements to a compensation award. The first, called General Damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to look after your garden, play sports, walk the dog). The award for loss of amenity can be for a short period after an accident or ongoing if medical evidence supports.

Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award is for your losses and expenses and is known as Special Damages. These aim to put you back in a position as if the accident had never occurred. It is important to keep receipts for any expenditure you incur which is related to the accident so that these can be reclaimed. 

In the most serious cases, you may no longer be able to continue in your employment. This will also be taken into account when damages are calculated. Costs for care, equipment, transport and housing modifications can also affect the calculations. If you are still able to work but not in the same role as before, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that your prospects on the open labour market may be limited.

For sympathetic advice and guidance on whether you or your family are entitled to claim compensation for your injuries or loss, contact My Car Accident today on 0161 873 5291 for expert car accident claim advice.

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How Much Compensation am I Likely to Receive? 

The details of each case are assessed individually, as a number of factors affect the amount of compensation awarded in a personal injury claim. These include the extent of the injury, recovery period, any loss of earnings, other losses related to the injury (for example medical expenses and care costs) and whether or not the victim was partially to blame.

Awards made in previous claims of a similar nature are used as a guideline together with general guidelines from the Judicial Studies Board. 

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Units 115-119 Timber Wharf
42-50 Worsley Street
Manchester
M15 4LD

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About Us

My Car Accident is a trading style of Clear Law LLP, registered in England and Wales under Registration Number 0C308339.  Clear Law LLP is authorised and regulated by the Solicitors Regulation Authority under SRA number 403088. 

The registered address is Units 115-119 Timber Wharf, 42-50 Worsley Street, Manchester M15 4LD.