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Firstly, make sure that you and your passengers are safe and that it is safe to leave the vehicle. However annoyed you might be, don’t lose your temper with the other driver; the reason we have insurance is because accidents happen.

Exchange details with the other driver. Make sure that you obtain the registration, make and model, including a brief description of the type and colour of the car and any obvious damage caused by the accident. Do not rely on the other person to provide the details – check that the registration number is correct. Ask for the name of the driver and who the owner of the car is. Exchange names, addresses, phone numbers and details of insurance companies. It is a legal requirement for a driver to provide this information after an accident.
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If you have been injured in an accident that was not your fault, you may be wondering what you should do and whether you have a claim for compensation for the injuries you are suffering with, and the potential losses you have incurred.

I’m here to hopefully shed a little light for you and remove the veil of confusion that you may be lost behind!

Do You Have a Claim for Compensation?

If you have been injured in an accident, or if you have been injured through some long term activity at your employment, and the injuries were not only caused by the fault of someone else / a company, but they could have prevented it from happening, then you have the first solid ingredients to be able to make a successful claim for compensation.
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Dog bites against humans are rising in the UK. A 2008 NHS report showed that dog bites had increased by 40% in just 4 years to nearly 3,800 cases. There is much talk about certain breeds being more dangerous than others, but that aside there are many things that can trigger a dog attack. 77% of dog bites occur with friends or family pets, and 50% of these occur in the owner’s home. These are remarkable statistics!

One of the more disturbing facts is that dog bites are not uncommon against children. This fits in with the pack mentality that dogs still inhibit. They want to climb the hierarchy within the pack and will often seek dominance over weaker or vulnerable people.
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A common question for us at The Injury Lawyers relates to the process for children bringing claims for compensation.  What can you do if your child has been injured in an accident? How can your child make a claim for compensation? After all, they may be 3 years old and would obviously be unable to make a claim themselves!  If it was you who had been injured, then you would be able to give an injury lawyer a call and get the ball rolling on your potential claim for compensation.  However, if it is your child that has been injured, they can still make a claim for compensation – they just need a litigation friend to represent them.

What is a litigation friend?

A litigation friend is a responsible adult, most likely to be a child’s parent or guardian, but could at the same time be a family friend or care worker, or any other trustworthy adult with the child’s best interests at heart, who will act for and on behalf of the injured child.
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If you have been injured in a road traffic accident which was not your fault, it is probably the last thing on your mind to think about making a claim for compensation.  At The Injury Lawyers, we totally understand this.  In all likelihood your car might need some serious repairs, or could have been written off, and you are not sure how you are going to get around without a car.  Even worse, you will no doubt be shaken up from your accident, and your injuries may be particularly serious, and all you want is to just get better.  That said, you may later want to make a claim for compensation, and, as long as you bring this claim for compensation within three years of the date of your accident, that is not a problem.
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For any drivers out there, you’re probably aware that priority is given to the circulating flow or traffic in the UK, and there are usually signs directing the traffic when approaching the junction to slow down and to give the right of way accordingly.

Roundabouts can reduce collisions compared to other junction types; however, this does not include those involving cyclists.  The most common accidents involving cyclists involve motor vehicles entering the roundabout and colliding with a cyclist who is already on the roundabout.  This is closely followed by the next common accident;  a motor vehicle leaving the roundabout and colliding with the cyclist who is continuing further on the roundabout.  As a result, some cyclists may feel safer walking their cycle round on the pavement or verge.
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Our clients come to us on a daily basis seeking compensation for their whiplash injuries.  Some are even unsure if the pain and suffering they have can be classed as whiplash.  I have therefore prepared a short guide to whiplash claims.

What is whiplash?

Whiplash is a soft tissue injury that is typically sustained when your head and neck area is suddenly jolted.
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Making a claim after an accident is not always just about obtaining compensation for the injuries and financial losses caused by the negligence of another party. The courts recognise how important it is for the victims of accidents to receive early medical treatment to help with their rehabilitation and recovery from their injuries.

The law encourages insurance companies to arrange and pay for any necessary medical treatment as soon as possible. This means that injured claimants are given access to private medical treatment that will help them recover from their injuries as soon as the claims process begins. This often includes physiotherapy to help speed up the recovery of victims of road accidents that have suffered from whiplash and other muscular and soft tissue injuries common in this type of accident.

The rehabilitation that can be provided to a claimant can include any medical treatment that will speed up their recovery, help them deal with their injuries, or make them more comfortable during their recovery.
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At The Injury Lawyers we are very clear that, under no circumstances, will we ever pay a referral fee for your claim.  If a third party contacts us with a person’s details claiming that they have been involved in an accident and would pass their details to us for a fee, we will simply refuse.  We do not believe in paying referral fees and believe that they have a negative impact on your claim.

A referral fee is a fee paid by a solicitor to an insurer or claims management company, or even the police, a garage, and other companies involved in the process, in return for the details of a person who has had an accident and who potentially has a very good claim for compensation.  What this means is that, for a sum anywhere between £200 and £1,000, a solicitor can try and get this person to make a claim for compensation using their service.  By successfully acting for this victim of someone else’s negligence, they will be entitled to recover their costs from the third party, and could make a handsome profit.  Essentially they may not really interested in your injuries and helping you get what you deserve for them – they just want to get your claim through so that they can turn a profit at the end of it.

It is important to note that if you are bombarded with texts and phone calls from a third party wanting to help you make a claim for compensation, you do not have to instruct them.  You have the free will to say no, and that you want someone else to act on your behalf, or that you do not wish to pursue a claim for compensation at all (if that’s the case).  It really is entirely up to you.
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At The Injury Lawyers we are well aware that people who want to bring a claim for compensation generally want it over and done with as fast as possible.  That is why we vow to get you the maximum compensation you deserve in the shortest possible time.  That said, although we do all our work at our end as fast as we can, there will always be periods of time where we have to wait for the other side to respond and allow them time to do this.  Of course, we can chase them up and make sure everything is going smoothly at their end as well; but inevitably there will be some small periods where we simply have to wait.  Here is a quick guide to your compensation claim:

Most accidents, except for minor road traffic accidents, will be dealt with under the Pre-Action Protocol for Personal Injury Claims.  This Protocol has been designed to achieve a speedy end to your compensation claim. 

The first stage is to produce a letter of claim which outlines your accident precisely, details your injuries, and confirms why we believe the other side were negligent.  Your expert injury lawyers will produce this for you and this letter should not take long at all.  Once it is ready your lawyers will send it to the Defendant who then have a period of 21 days to acknowledge the letter of claim.  In the most part, Defendant’s acknowledge this letter well within those 21 days and then either pass it ot their insurers or solicitors to deal with.
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