Did you know that in the UK, in 2019, there were over 150’000 road traffic accidents? Sadly, almost 26’000 of these resulted in serious injury, and tragically, 1’752 people involved lost their lives.
125’000 accidents, thankfully, led only to ‘slight injuries’ or no injury at all, with the majority of drivers dusting themselves down, moving on and managing to find their driving confidence once more.
That said, and without wishing to sound like a monologue delivered by a suited gent during the break in a Come Dine With Me binge-watch, if you’ve been injured in an car, bike or truck accident that you believe was someone else’s fault, then you might be entitled to compensation. At the very least, you could be able to claim back any damage to your vehicle on insurance.
Either way, you’re probably wondering when, how and why to access legal advice on the matter. With that in mind, here’s how to find the right legal advice after a road accident.
FIRSTLY, TAKE TIME TO REST AND RECOVER
In the case of any injury, it is always recommended that you take time to rest so you can fully recover. Regarding an accident, this advice is particularly pertinent, as you may not be in the best shape or frame of mind to drive soon after a collision.
What’s more, the period immediately after a stressful life event is likely not the ideal time to start considering legal advice and contacting lawyers. Wait until you’ve had time to recover both physically and mentally from the accident before you continue with your claim.
ASK YOURSELF IF YOU ACTUALLY NEED ONE
This period of reflection may lead you to consider whether or not you actually need a lawyer following your accident at all.
In a UK court, it’s likely that you’ll be making a claim for negligence via a personal injury claim. In most cases, such a claim needs to be filed within three years of an accident. After that, you will be ‘time barred’ from proceeding. So, whilst it’s sensible to take some time to recover before driving again after an accident, don’t wait for too long if you are intending to make a claim.
Be aware that such claims can be incredibly expensive to make – regardless of the no-win-no-fee offers of some personal injury lawyers. In such cases, if your claim is successful, around 25% of your compensation will go to the lawyer. If your claim is unsuccessful, then you won’t have to pay your solicitor’s fees. You will still, however, have to pay any court costs and expert’s charges, as well as potentially covering the legal fees of the other side. No such thing as a free lunch, hey?
Sometimes, the other party’s insurance company will look to contact you to settle up prior to any involvement with lawyers. Though the offer may well be lower, it’s worth considering if you want to avoid the hassle of a court case.
WHAT CAN YOU CLAIM FOR?
Usually, you’ll be claiming for specific personal injury, which will need to be proven via the assessment of an independent medical expert.
As personal injury lawyer Gary Burger points out, you might be able to claim for past and future medical expenses, as well as several additional fees relating to medical care. These potentially include any domestic care you had to pay for, private medical treatment you need, and medical equipment you were required to buy to improve mobility, such as crutches or a wheelchair.
VEHICLE SPECIFIC INSURANCE & CLAIMS
You may also be able to claim for damage to your vehicle, cost of replacement vehicle hire and other travel expenses that you paid for due to your vehicle being off the road.
If the other driver did not stop to share their details, or it turned out that they didn’t have the appropriate insurance, then you should contact the Motor Insurers’ Bureau, who are an independent body set up to help in such cases.
Should the accident have involved a different vehicle, such as a bicycle or even a truck, you could still be entitled to compensation.
As Robert S Lambert, who specialises in prosecuting trucking accidents in Lexington, advises us, incidents of negligence surrounding truck, lorry or HGV collisions can get complex, with legislation in place limiting the length of time drivers can spend on the road in one sitting, as well as maximum haulage allowances. Since all of this can affect your claim, it’s best to enlist solicitors with expertise at this stage.
In terms of accidents involving a cyclist and a car, negligence and a motorist’s liability can be hard to prove. Should you have been riding a bike and got involved in an accident which wasn’t your fault, make sure you take down as many details as you can at the scene, including from witnesses where possible.
GETTING SPECIALIST LEGAL ADVICE
Citizens Advice offer some excellent advice (go figure) on how to access legal support following a road accident.
Firstly, it’s essential that you check if any solicitor that you’re considering is ‘’a member of the Law Society’s personal injury accreditation scheme or clinical negligence accreditation scheme’’.
Alternatively, there are several other associations, charters and societies who have a strict code of conduct about clients and claims. Check if the solicitor you’re considering is a member of one or all of the Association of Personal Injury Lawyers (APIL), Motor Accident Solicitors Society (MASS), or a trade union member.