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Being involved in any road traffic accident can cause stress, anger and inconvenience no matter how minor the accident may be. But being involved in an accident with a stolen uninsured vehicle makes the situation even worse.

I imagine being involved in a collision with a stolen vehicle is not a pleasant experience for anyone. There is the constant worry and concern about what you will do. Well to put your mind at rest, there is still action that you can take if you have been involved in a collision with a stolen uninsured vehicle.
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The festive season is fast approaching and while it is a magical time of year full of mince pies, presents and the Queen’s speech, it is also statistically the worst time of year for drink driving.

Unfortunately when we have had a bit to drink bad ideas can seem a lot more appealing. While we can all say now that we would never under any circumstances get in the car with someone that has had a drink, it may be a different story at closing time in the freezing cold when you can’t get a taxi.
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Making  a claim for compensation following a Road Traffic Accident is now so much easier and quicker than it used to be, if your accident was on or after 30^th April 2012.

The Ministry of Justice introduced a new protocol to follow for these accidents: “The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents”. I know, bit of a mouthful so let’s just say the Road Traffic Accident Protocol for now. This protocol is for claims for personal injury which are worth under £10,000.

The claim is started by submitting a Claims Notification Form. This is a form which contains your information, the information of the at fault party, the details of your injuries and treatment and the accident details. This is sent to the insurer of the at fault party electronically.
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Whiplash injuries can range from the very minor to the severe and debilitating. Therefore, it is important that you seek the help of a expert personal injury solicitor to ensure that the compensation you receive is the right amount.

Compensation is awarded based on the severity of your injury and how long this will affect your everyday life, so it is important that the right amount is awarded – if you settle and then are still suffering you may statutory barred from bringing another claim (for the same accident) or trying to reopen or continue the original claim.

As well as personal injury solicitors, there are a number of claims management companies that will try and get you to instruct them. Similarly, your insurance company will also try to refer you to a solicitor and finally, there is also the possibility that the third party will try and capture you. All of the above may also say that they can get you the optimum amount of compensation but there may be more to this than first meets the eye.
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In the Motorcycling Manual, it is permissible to undertake traffic, but only if the traffic is slow moving in queues or signalling to turn right, or if the motorcyclist is turning left at a junction.

Liability in accidents involving a motorcyclist undertaking traffic are not clear cut and liability is often split between the parties for the simple fact that both parties will probably have been negligent in not keeping a proper look out for each other.

In the case of Fagan V Jeffers and the Motor Insurers Bureau the motorcyclist was travelling to the left of two lanes of traffic and collided with a vehicle which turned right across them. The vehicle was turning right through “Keep Clear” markings on the road.

It was held that both parties were equally to blame for the accident. The motorcyclist for failing to keep a proper look out for turning vehicles whilst performing a dangerous manoeuvre and the motorist as he should have been aware that there was sufficient room for a motorcyclist to travel on the left of the traffic.
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Concertina collisions are more commonly known as “pile ups”. They involve more than 2 vehicles which have been shunted into one another.

When this happens on a motorway it can be a very serious, frightening and dangerous type of road traffic accident!

Usually, the innocent parties in this type of accident are stationary in traffic and the “at fault party” is the driver that notices the stationary traffic in front of them too late and impacts with the rear vehicle, who then shunts into the vehicle in front of them and so on and so on…
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Being hit in the rear by another vehicle is seen as a pretty straight forward type of accident, and usually it is. After all, how can you control what the person behind you is doing?

Under Rule 126 of the Highway Code you must:

“Drive at a speed which will allow you to stop well within the distance you can see to be clear: You should leave enough space between you and the vehicle in front so that you can pull up safely if it suddenly slows down and stops”

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Now, this may seem bizarre, but there has been an increase in the road traffic accidents which are caused by either no road markings or faded road markings.

The maintenance of the roads and road markings are usually the responsible of the local highways authority and therefore an accident caused by lack of or insufficient road markings would normally be directed to them.

Under the Road Traffic Act 1988 the road must be reasonably safe to its users. If the road markings, or lack thereof, has caused an accident then the highway authority has not carried out its duty to the proper standard. The Highway authority must institute a proper system of inspection and maintenance of the carriageway and ensure there are sufficient warning signs or other items to warn the public and road users about the hazard caused by the defective carriageway.
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Being a passenger in a vehicle that is being driven by a person who has been drinking does not mean that you can’t make a claim for personal injury if the trip ends in an accident.

In general, as a passenger in any vehicle which has been involved in an accident, you are an “innocent party” in the accident in that you were not driving either vehicle and therefore cannot be held in any way responsible for the accident. Unless you did something daft like pull on the handbrake or purposefully make the driver have an accident.

However, in circumstances where you have got into a vehicle, knowing the driver of the vehicle is under the influence of alcohol, you can be held contributory negligent (partly responsible) for any injuries you sustained as a result. It is seen that you have knowingly put yourself at risk and therefore should be in some way responsible for the injuries which have been sustained.
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Really, the best advice we can give is for you to just be honest! The point of the medical appointment is to allow a suitably qualified expert to produce a medical report that confirms the nature, extent, and impact of the suffering that has been caused to you as a result of your accident / injuries. It should also confirm how long you will be suffering for as well.

So really there is no right or wrong answer – you just need to advise the above. The expert will judge what’s reasonable; i.e. don’t try and cheat the system by saying your whiplash stopped you from being able to go to work because it was too painful to move! Whilst this can happen in severe cases, you would need medical proof that it was silo bad it stopped you from even being mobile!

The expert will know what to ask you anyway, so you shouldn’t need to worry too much. They will look at your relevant medical history and records, and ask how the injury has affected you in all aspects of your life; socially, domestically, at work, etc. They will also examine you to see if there are any noticeable symptoms that they can write about in their report as well – like your back still being stuff, or limited ranges of movement.
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