Storm Darragh: Making a claim for road traffic accidents

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As Storm Darragh blasted the UK this weekend, we look at what to do if you have been involved in a car accident.

The Met Office issued rare red weather warning across the country, advising those not to travel unless essential. However, at this time of year, many people still took to the roads to attend Christmas festivities, parties or to visit family.

Storm Darragh

Storms, rain and wind are notorious for causing accidents, as drivers struggle with visibility or may panic in the event of bad weather on the roads. Ahead of Storm Darragh hitting, the RAC issued a warning to drivers.

RAC Breakdown spokesperson Alice Simpson said:

“A red weather warning is highly unusual and should be heeded as it can indicate a risk to life. We strongly advise drivers to postpone their journeys if they can.

“Anyone who must drive should stick to major roads, reduce their speed significantly, always keep a firm grip of the steering wheel and be on high alert for debris in the road.

“Exposed rural and coastal routes will be particularly treacherous. Drivers in these areas should be wary of any high-sided vehicles as they are at risk of being buffeted off course or, worse still, blown over. We also suggest parking well away from large trees due to the danger of falling branches or whole trees being uprooted.”

If you have been involved in a car accident that wasn’t your fault, you may be entitled to claim compensation. Oakwood Solicitors Ltd specialises in Road Traffic Accident claims and may be able to assist you on a no-win no-fee basis.

For a guide on how to drive in bad weather, click here.

I have had an accident in bad weather – What should I do?

Firstly, stay calm. If you are in immediate danger or you pose a danger to other travellers, place your vehicle hazard lights on and try to carefully move your vehicle to a safe location. Vacate your car and leave the hazard lights on.

If you are in any doubt as to whether your car is roadworthy immediately following the accident, leave the car where it is, still displaying the hazard lights, and make your way on foot to a safe area.

If you, your passengers or the third party report any injuries following the accident, or you cannot move the vehicle and are worried it is a hazard, contact the emergency services for advice or medical attention.

I was a passenger involved in an accident – Can I make a claim?

Yes, you can.

If you as a passenger have sustained an injury following the accident, you are entitled to make a claim. This also applies if your own driver caused the accident when you were his or her passenger.

What information should I take from the other driver?

If the other driver has stopped and your vehicle is in a safe location, you will need to exchange personal information with the other driver. We would always recommend that you try to take the following details after an accident:

The other driver’s name and address
A contact telephone number for the other driver
The vehicle registration of the third-party car
The name of the third party’s insurance company
The policy number for the third party driver’s insurers

What if the third-party driver will not provide their details?

It is important to ensure that if you can, you obtain the other driver’s vehicle registration following an accident. An insurer can usually be identified if the registration is available from any organisation which has permission to use the askMID database, such as an insurer or firm of solicitors.

If the other driver is not willing to release them to you, then it is likely they have breached The Road Traffic Act 1988. You should report the matter to the police immediately.

What if the driver flees the scene of the accident?

If you feel that the other driver is going to leave the scene of the accident, try to memorise the registration of the car – or if it is safe and lawful, take a photograph. If you are unable to do so, pull into a safe place then report the incident to the police.

If it is possible, attempt to obtain details of any witnesses who may have seen the collision, asking them if they were able to take the third party’s registration number. The evidence of a witness can be crucial in determining liability for the accident and also proving the involvement of another car, thus helping any subsequent claim for compensation.

How do I make a claim?

Starting a road traffic accident claim is very simple. There are many claims management companies advertising on national television, radio, and the internet, most claiming to work with the best law firms and that you will receive the best level of service possible.

Whilst this may be true in some cases, claims management companies are likely to pass you to a solicitor willing to pay them the most money for your business. This does not necessarily mean that they are the ‘best fit’ for you.

More often than not, the claims management company (CMC) will have no further involvement in your accident case once the solicitor has taken it on. The same may also apply to a solicitor recommended by your insurers.

We would recommend that you contact a solicitor, such as the team at Oakwood Solicitors Ltd, directly.

We offer to act on your behalf in a Conditional Fee Agreement (CFA), sometimes known as a ‘No-Win, No-Fee’ Agreement. This means you will not pay a penny unless your claim is successful.

What can I claim?

Aside from being able to make a claim for personal injury caused by the accident, we can assist you in recovering the following types of expenses:

Damage to your motor vehicle – This could be cost of the repairs, or pre-accident value of the vehicle if it is deemed a total loss.
Policy excess – Subject to evidence of the loss, this can be claimed from the third party insurers.
Medication costs – Subject to receipts, this is recoverable from the third party insurers, providing that it is deemed that it was necessary to incur the expense.
Treatment costs – As long as it was reasonable that treatment was incurred and caused by injuries sustained, we can recover this from the third party insurers. Future surgery may be recommended – if so, we can obtain suitable quotations and seek the funding for that surgery upfront.
Loss of/damage to clothing and personal effects – These can become damaged in an accident. Whether it be torn clothing or a broken electronic device, we would always recommend keeping the item as evidence and take photographs in case third party insurers want to see it. If you purchase a new item to replace it, keep the receipt.
Lost earnings – Unable to work due to injury? We can claim this from the third party insurers. Wage slips or profit and loss accounts can be used to calculate the loss. The accident may have affected your ability to work in the future – subject to medical evidence, a claim can be submitted to the third party insurers.
Travel expenses – We are able to include travel expense claims. This may be trips to physiotherapy, doctor or hospital appointments, taxi or bus fare, or petrol expenses.
Vehicle diminution – Your car may have lost market value due to being damaged and repaired. We can recover this loss for you by obtaining a specialist engineer’s report. Read information about vehicle Diminution here.
Care and assistance – It may have needed to employ someone to assist with gardening, cleaning, cooking, washing or personal hygiene. Whether this was from a professional, a family member or friend, this can be claimed from the third party insurers, subject to medical evidence. The same may apply for future care and assistance.
House alterations – Your injuries may be substantial enough to warrant alterations to your home. Whether this is widening doors or fitting ramps or handrails, these costs can be recovered if medical evidence states that it was necessary.
Hire charges – If you have paid for a hire vehicle, we can recover the cost of this for you from the third party insurers. Sometimes it is possible to arrange a credit hire vehicle for you whilst your own is out of action.
Any other expenses – You may have paid for postage and phone calls, or have some pension entitlement. Whatever you feel you have incurred, we are happy to discuss this further with you to explore whether it is something we can assist with during the claims process.

I was injured in the accident – How much compensation will I get?

Personal injury claims are valued based on compensation for pain, suffering, and loss of amenity. A key determining factor on how much you will be awarded is based on the length of the injury.

This runs from the start of your symptoms until a complete resolution has been made. Of course, the level of pain experienced can differ from one injury to another.

Injuries can be minor in nature and affect only one part of the body, or they can be extremely painful, affecting multiple regions of the body. The extent of the injuries is another important feature to consider. The final factor is the impact the injury has had on your life.

This is likely to be determined by the first two considerations. However, the impact on one’s life can be dependent on how active the victim is. For example, an active person in full-time employment in the building industry, responsible for contributing income into a large family could potentially be affected severely by injuries sustained that have resulted in a long period of absence from work.

Once the cause and level of injury has been determined by an independent doctor, discussions regarding settlement of the claim can commence (subject to liability being agreed). A starting point for your solicitor will be the Judicial Studies Guidelines.

This is a guide, released by the Courts, which provides examples as to the levels of compensation that the common types of personal injury should attract.

In addition to this, details of cases that have been to trial are reported on and can be reviewed in order to ascertain the likely awards that the court would give. If a similar injury, causing a similar effect in the victim’s life can be found, then that case law can be used as a guide.

Why should I use Oakwood Solicitors Ltd?

Oakwood Solicitors Ltd agrees to work on your claim on a ‘no-win, no-fee’ basis. If your claim is unsuccessful, you will not be expected to pay us a penny.

If you are successful in your claim, we take a percentage of the compensation meaning that the only time we will receive money is if we have brought your claim to a fruitful conclusion.

You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we can assign you one of our female advisors to carry out your claim.

Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.