FAQs for Road Traffic Accidents
Q. What is the most common compensation claim following a road accident?
A. Whiplash is the most common injury sustained in road traffic accidents in the UK, and personal injury solicitors deal with hundreds of cases each year.
Q. Can whiplash be serious?
A. Whiplash-associated injury can be serious, especially when damage is done to the discs in the back or the cervical spine. Most cases of whiplash, however are minor, and clear up within a week or two. Surgery is rarely required.
Q. Should I accept compensation directly from the driver at fault for whiplash injury?
A. No, never accept compensation directly from the driver at fault, as you could be entitled to much more if you make a claim for compensation with the help of Farnworth Rose Personal Injury Solicitors. We work on a no win, no fee basis, so it won´t cost you a penny to claim with us and there is no risk involved.
Q. Will whiplash heal on its own or do I need to seek medical advice?
A. Although whiplash will normally heal naturally, perhaps with the aid of a soft neck collar and/or oral painkillers, you should always seek medical advice as soon after the accident as possible, to make sure the whiplash injury is not masking more serious damage to your neck, back or head.
Q. Where does the word whiplash come from?
A. Whiplash is the common name given to an injury caused by the neck being whipped backwards and forwards at speed, causing the neck tissue to tear and strain. This injury is most commonly sustained during a rear-end shunt from another car.
Q. How long do I have to make a road traffic accident compensation claim?
A. You have three years in which to make a claim for a road traffic accident, but you should make a claim as soon as possible, when you still remember clearly the details of the accident. Third party insurers are also more likely to admit liability for the accident if the claim is made quickly.
Q. Will I need to go to court to claim car accident compensation?
A. Not necessarily, but it depends on the actions of the third party insurers. If they admit liability the case could be concluded relatively quickly, but if they deny liability, the case could go to court.
Q. What should I do following a road accident that was not my fault?
A. Seek medical help as soon as possible, and gather as much information from witnesses to the accident as you can. If possible, write down the registration numbers of the vehicles involved and take photos of the accident scene if you can. If the police are involved, make a note of the crime reference number.
Q. Will my insurance premiums go up if I claim compensation for a road accident?
A. It is possible that your insurance premiums may rise, but the amount of compensation you receive should offset this. We can give you advice about the amount you may receive after we have assessed your claim.
Q. Can I claim if I was involved in an accident where my driver was at fault?
A. Yes you can make a claim against the driver of the car you were travelling in, providing he/she was at fault for the accident.
Q. Can I claim road traffic accident compensation if the other driver fails to stop?
A. Yes, you can still make a claim against the driver. He/she may have failed to stop because they are uninsured or because their vehicle is not MOT´d or taxed, but you can still make a claim. Make a note of the registration number where possible.
Q. Can I claim against the driver of a foreign-registered car in the UK?
A. Yes, you can claim against the driver of any vehicle, which causes an accident on UK roads, regardless of where that vehicle was registered.
Q. What type of road accidents can I claim compensation for?
A. You can claim compensation if you are a driver, involved in an accident, caused by someone else, if you are a passenger in a car where your driver was at fault for an accident or if you are involved in a road traffic accident as a pedestrian, cyclist or motorcyclist.
Q. Do I still need to seek medical advice for mild injuries following a car accident?
A. Yes, it is worth remembering that mild injuries can be masking more serious injury, so you should always get checked out at hospital or by your GP.
Q. Can I claim for injuries after an accident involving a learner driver?
A. Yes. Learner drivers are expected to drive with the same due care and attention as the average qualified driver. If you are involved in an accident with a learner driver, the instructor may be jointly responsible. If the learner driver is taking his/her test, however, the examiner may not have the same responsibility. Depending on the details of your accident, we will be able to give you a clearer picture of how much you can claim and from whom.
Q. Who do I claim against if I am involved in a collision with a company car?
A. The employer of the company car driver may be jointly responsible, if his driver caused an accident which resulted in injury to you. Employers have a responsibility to ensure their employees act responsibly, and you could possibly make a claim against both of them.
Q. I suffered an accident that was not my fault but was not wearing a seat belt. Can I still make a claim?
A. You should still be able to make a claim for compensation, providing the accident was not your fault. If, however, the seat belt could have prevented your injuries, the amount of compensation you can claim could be significantly reduced. We will be able to explain how this works when we assess your claim.
Q. Can I still claim road accident compensation if the other driver was not identified?
A. Yes, all motor insurers are required to pay into a scheme which is operated by the Motor Insurers Bureau. This is a fund which has been set up to pay out claims which arise from uninsured drivers and hit and run motorists in the UK.
Q. Does claiming compensation involve a lot of paperwork?
A. There is always a certain amount of paperwork to fill in, but if you are unsure about this, or you have any problems filling it in, Farnworth Rose can help you with the documents.
Q. How do no win, no fee personal injury solicitors get paid?
A. When Farnworth Rose wins a claim for compensation, the insurers of the third party will cover our legal fees and costs. If we lose the case, we don´t get paid at all, which is even more reason for us to push for a successful outcome in or our of court.
How does whiplash occur?
A. Whiplash occurs when the neck is whipped violently backwards then forwards, and most commonly happens during a rear-end shunt in a car, when one vehicle crashes into the back of another.
Do I need to see a doctor for whiplash injury?
A. Yes, you must always seek the advice of a doctor if you suffer whiplash injury, as it could be masking more serious injuries to your neck, head or back.
What symptoms will I suffer after a whiplash injury?
A. If you suffer whiplash injury you are likely to feel pain in the neck, shoulders, head, and sometimes in the lower back. Damage is often done to the soft tissue in the neck, which becomes torn during a whiplash injury. You may also suffer some numbness in the arms and shoulders, and slight dizziness.
Are there any complications associated with whiplash?
A. You could suffer whiplash-associated injury if you already have a pre-existing condition, which affects your back or neck. Whiplash associated injury can cause damage to the cervical spine, and it is important to get checked out by a doctor as soon as possible if you suffer a whiplash injury.
How easy is it to claim compensation for whiplash?
A. You can contact us easily by filling in the claim form or calling us on 080001 54321, so we can discuss your whiplash claim. The first thing we will do is assess your claim, and explain your rights regarding whiplash compensation. If we think you have a strong case for compensation, we will happily represent you, and proceed with the claim. If the insurers of the other party admit liability, the claim should be straightforward. If, however, they deny liability, the case may have to be settled in court.
Does whiplash require hospital treatment?
A. Whiplash normally clears up after 7-10 days, often with the aid of a soft neck collar and some oral painkillers. Hospital treatment is not normally required, and surgery is only recommended if there is severe injury to the neck or disc damage.
