Firstly, I am not touting for business, I am busy enough at work as is and I am not on commission (If I were I might re-consider). This thread has been prompted by Jays recent announcement re his pedestrian v biker accident.
I have posted this thread with advise, to you all, to try and stand you in better stead should the worst happen and you hear the immortal words “Sorry mate didn’t see ya”.
I have been pursuing accident and insurance claims since before the dead sea was even ill. If any one has any questions, please feel free to PM me and I will try and answer you promptly with the best advise I can give you.
To begin with there is a difference between criminal and civil liability. You may find that following an accident that you are not found gulity of a criminal offence, but are still being held to blame for an accident, The converse is also true.
To demonstrate the point If you are sitting at traffic lights and are hit in rear and happen to have been down the local for a few jars, you could be over the limit (Guilty of drink driving) but still not at fault for the accident occuring.
The burden of proof is different for civil and criminal courts. To be guilty of a criminal offence it has to be beyond all reasonable doubt, civil courts its the balance of probability. I know it’s not what you want to hear, but just because the police say you are off the hook doesn’t mean a claim thereafter will be succesful.
Accidents.
They do happen and these fall in to four main types:-
- Vehicle accident,
- Vehicle accident (TP untraced)
- Skid / slide on road (No other party involved)
- Person / pedal cyclist / animal into road
Firstly, for vehicle v vehicle accidents. Even if there is no contact, if you are caused to take actions to avoid an accident where it can be shown that another party is negligent you can make a claim. Beware there are 3 million unisuured motorists out there (1 in 10 vehicles is uninsured) there is an organisation to assist called the MIB, but you will have to identify the driver and vehicle.
For vehicle accidents where the TP leaves the scene, if you can get the reg, colour and make you can make a claim, the MIB can help if an untraced driver is invilved, for property damage if you can not make a claim against your own insurers. If you cant get a reg you may be able to make a claim for injuries, in both cases you will need to get the police involved.
For skids and slides you may be able to claim, if diesel spillage and you are injured through the MIB untraced injury scheme. For other types if failiure to keep roads in safe condition against local authority or who so ever caused the road to get into an unsafe condition (Eg building sites where lorries are not getting there wheels washed before going onto the highway).
Where a person / animal enters road and causes accident matters are a little more difficult. Pedestrians and animals on the whole are not insured for liability to others, how ever if negligence can be shown you could sue, the trouble is obtaining any monies awarded. There may be a liability insurance in force that the individual is not even aware of. For example, it is a standard extension of most contents policies to include public liability cover for occupants of insured premises.
If you do have a spill try and do the following, if you can:-
- Stay calm, smacking the myopic idiot who just pulled into your path will not stand you in good stead with your claim.
- Get details of every one involved to include all parties, witnesses. A bare minimum is names, addresses and registrations.
- Get the police involved, many police forces won’t get involved unless there is an injury, but still try.
- Take photos at the scene if you can, modern camera phones are good enough.
- Seek your insurance companies advise as soon as possible, many of you will be able to pursue claims through legal expense insurance policies you didn’t even know you had.
Lastly and i know a lot of this will be common sense but you will be surprised by the number of people who don’t know. Your claim will not settle itself, steel yourself for lots of chasing and remember you have a common law duty to keep all losses arising from an accident to a minimum.
