Member Article

Claiming For an Accident That Wasn’t Your Fault

If you’ve been involved in a non-fault accident, here’s some advice on how to make a claim, and how much you may be able to claim.

What is a non-fault accident?

A non-fault accident is an accident where another party is at fault. In order to make a compensation claim, there must be sufficient evidence to prove that another party is at fault for the accident. In the case of a road traffic accident, the party at fault is usually the driver of another vehicle, but this is not always the case.

Am I eligible to make a claim?

If you’ve been in a non-fault accident in the last three years, you could make a compensation claim.

What type of evidence should I submit to support my claim?

Following a non-fault road traffic accident, take down as much detail as you can about the circumstances of the accident. Note the make, model, colour and registration of the vehicles involved in the accident. Exchange names, addresses and insurance details with the other party or parties. If possible, take pictures or draw a sketch of the scene of the accident. If you have any correspondence relating to the accident, including phone records or emails, keep this in order to further assist in establishing the at-fault party.

How much compensation will I receive?

The amount of compensation you are awarded will depend of the specific circumstances of your accident, and the seriousness of the injuries that you have sustained. Initially, you will be assessed by a medical professional who will write a medical report documenting the length of time it will take you to recover from your injuries. Following this, you will be advised of how much compensation your injuries will warrant.

I’ve had a non-fault accident but I’m not injured – can I still claim?

Yes. If your vehicle was damaged due to a non-fault accident, you can make a claim for repair costs, and/or the cost of a replacement vehicle.

Will my case go to court?

The majority of personal injury cases are settled before they reach the courtroom. However, in some instances, such as when liability is disputed, there is a chance of court proceedings.

This was posted in Bdaily's Members' News section by Winn Solicitors Ltd .