As a car driver myself I am often left bewildered about the actions and manners of certain other road users. Unfortunately we can only control what we do ourselves. Some road users (you come across them most days) always appear to be in a rush, like the type that overtake you despite the fact that you are travelling at the speed limit, or the type that drive ridiculously close behind your vehicle for no apparent reason.
Although frustrating, you just have to concentrate on your own driving at times. Obviously no one wants the inconvenience of dealing with an accident, even if you were not injured or it was not your fault. Any type of accident will likely cause inconvenience to you.
Using Professionals to resolve disputes in claims
So what happens if you are turning right and you are involved in a collision with another vehicle which is proceeding to perform an overtaking manoeuvre? At first instance, you probably think that you cannot possibly be at fault for the accident. However the other driver may still attempt to dispute liability or allege a different version of events. Again, this would be very frustrating.
Unfortunately with road accidents, it can sometimes be a case of one person’s word against the others. However we would look at the damage to the vehicles and instruct engineers where possible and it is often clear if someone is not being honest. Also, even if the other driver intends to dispute liability, his or her insurance company are unlikely to continue with the denial if it is not feasible.
Obviously if you are intending to turn right then you should be indicating to demonstrate your intentions to other road users. However even if you are not indicating you may still have a case if you are hit by an overtaking vehicle. On some roads overtaking is not permitted and therefore it would be essential to look at the area/road where the accident occurred. Essentially a vehicle should not be overtaking, even if permitted on the road, unless it is safe to do so.
What you can claim for in a road traffic accident
In general, for this kind of scenario, you should have a strong case. You are likely to be able to recover compensation for the injuries you sustained in the accident. Obviously, you can claim other losses and out of pocket expenses too, which could be repair costs, the costs of getting to and from hospital for treatment etc. You could also recover more substantial losses (if applicable) such as loss of earnings if you had to take time off work following the accident. As with all of these losses, proof would be needed in the form of receipts, wage slips, bank statements etc.
There is also a duty on you as the Claimant to mitigate your losses. This, put simply, is a duty to keep your losses to a minimum. For example if you are fit to work then you should work. Recoverability of losses will depend on reasonableness and whether a medical expert thinks the time you took off work was reasonable for the injury you sustained and for the nature of your work.
What to do next…
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