In April, I had a car crash. Luckily it was a tiny bump and nothing serious, but it is the third crash I’ve ever been in. The first was when I was much younger, probably around 5 or 6 I think. I had been fishing with my dad and sister, and we were on the way home when a lorry crashed into us from the side. It was a big lorry and I even remember the driver’s name – Terry. I had glass in my welly boots and yet I had managed to get out of my seatbelt and started stamping on the car seat in fear.
I remember Terry took us back to his house, which was just round the corner and his wife gave us a drink and plastered up some cuts I had. I still have some of the scars on my arm from that day. Luckily, I had no glass in my feet, how on earth I managed to avoid that, I’ll never know.
The second crash I had was less than 3 months after I’d passed my driving test in 2008. I managed to reverse into a car, which was illegally parked. I had looked into my rearview mirror, but forgot to look after I’d started turning the wheel and went right into the car. There was nobody in it, but I remember the whole claiming process was drawn out because he’d tried to claim for whip lash despite him not being present.
The third and, hopefully, final crash I had was in April just gone. We had both been waiting for the same thing when I pulled forward, and the other lady reversed. Luckily, it was a tiny bump at around 5mph but it still made all the adrenaline rush around my body; the worst thing I could ever imagine is having a crash with the children in the car. I’ve been so lucky in that I’ve never had to make a claim for personal injury due to a car crash, or otherwise, so far. But some people aren’t so lucky.
Personal injury claims are on the rise, and around three million people each year are injured in all sorts of accidents. Be it a car crash, at work, outdoors or even at home! In most of these cases, it is not the fault of the victim and these victims have a right to compensation.
If you feel you have a right to claim the best way to start is with a solicitor, the professionals know what they’re doing. They’ll be able to tell you whether they think you have a case. This then progresses to a letter being sent to the person you feel is responsible for the accident and this should set out what exactly happened and what the result of the accident was; this is where you should detail any and all injuries you have. It’s also a good idea to evidence your injuries with any appointments you may have had with a doctor or other professional.
There is usually a fixed period of time in which the other party must respond and they should detail whether the accept responsibility or not. If they do accept, the process should be pretty quick as you may be able to settle out of court with your solicitor. If they don’t you may end up in court trying to settle the case.
In the meantime, your solicitor may be able to give you a rough idea of the value of your claim. They may also discuss with you how much compensation you’re willing to accept should an offer be made to you, or if you’re prepared to offer a suggested settlement amount. If you make an offer first this may have some implications for you, but your solicitor should outline these and advise you on the best course of action.
Lastly, if you are unable to settle outside of court, your solicitor may advise you to take legal action. This is purely to challenge any denial of liability from the opposing party, although you are not guaranteed any compensation.
Personally, I’m just glad I didn’t have to go through any of that and I hope I never have to. I absolutely dread the thought of having to go to court to prove or disprove something like that. This is not advice from me to you, but it is just a guide of what could happen should you decide to make any claims for any cause of personal injury that wasn’t your fault. Of course, if it is your fault, then you’re probably accident prone! And no, you can’t take your child to court for standing on the Lego they’ve left lying around, even though it hurts like hell!
*This is a collaborative post.