If you have been injured in a road traffic accident as a result of another person’s reckless driving, then you may be eligible for compensation. Driving without due care and attention is a serious offence, so it may also result in criminal proceedings for the other party.
Basic eligibility criteria for making a claim
There is a strict three-year time limit to which you must bring forward a personal injury claim in the United Kingdom. The three years starts from the date your accident happened, or from the date your injuries first became clear. After three years, personal injury cases are time-barred or statute barred under UK law. This time limit can be extended if there are exceptional circumstances, however the three-year time limit applies to most claims.
In addition to this, you cannot be 100 per cent liable for the accident in which you sustained your injuries. You must have a level of diminished liability.
Uninsured drivers and illegal drivers
If you were unfortunate enough to be injured by an uninsured driver or by somebody who was driving otherwise than in accordance with a licence, then it may still be possible to make a claim with the Motor Insurer’s Bureau.
The claims process
You should seek expert legal advice immediately if you have not already done so, so that you can become better informed about your legal rights. The most basic legal right you have is to compensation, if you have been injured as a result of somebody else’s actions. Being injured by a reckless driver falls into this category, so the law is on your side.
Once you decide to proceed with a claim with lawyers to generate compensation, your lawyer will interview you on the phone or in person to establish the facts. One or two weeks later, you will attend a medical examination to establish the extent of your injuries, a recovery period and a prognosis for the future. This will generate a medical report, which your solicitor will use to build you a strong and compelling case for financial compensation.
How much could I be awarded?
Generally speaking, most road traffic accident claims result in a payout of between £1,000 and £25,000. However, the more severe your injuries are and the bigger the affect they will have on you in the long-term, then the more compensation you can realistically expect. For example, you can expect to receive a higher pay-out for two broken legs than a single broken ankle. The compensation put forward to the other side must also be fair and proportionate to your injuries, or else the claim value may be contested by the other side.