If you have been injured in an accident, and that accident was somebody else’s fault, then you have the legal right to make a claim for compensation. However, to have a strong claim, it needs to be provable that the other side was to blame. If this fact can’t be proven, then the other side will be under no obligation to pay you financial compensation.
Time-based criteria for making a claim
Your legal rights under the circumstances are simple: You can make an accident claim within three years from the date your accident happened, or within three years from the date your injuries first became clear, and no longer than this. This is because under the Limitation Act 1980, accident claims become statute barred after three years. So, if your accident happened some time ago, you should seek legal advice as soon as possible.
Liability criteria for making a claim
In addition to this, we should go into liability criterion for making a claim. As previously touched upon, you have the legal right to make a claim if the accident in which your injuries were sustained was not your fault. However, you can also make a claim if you were partly to blame, since the other side is still partly liable. However, a split liability claim will always have a lesser pay-out than a standard claim, since the settlement demand is shared.
What if I was mostly to blame for an accident?
It is possible to make a personal injury claim on a 25/75 or 30/70 basis. What this means, is that you accept 25 per cent of the blame for the accident, or 75 per cent. This may be your best move, if there is evidence showing that you were at fault. Under the circumstances, you will still get some compensation, however it will be less than if you were not at fault at all. If you believe this applies to you, you should speak with injury lawyers for you uk claims lawyers, to get sound legal advice, so you know where you stand legally.
Can I make a claim if I was a passenger at the time of my accident?
If you have been injured while travelling in a car by another motorist, then you can make a claim for personal injury compensation with the other side’s insurer. Your claim will not be against a family member, if you were in a family member’s car, so long as that family member was not to blame for the accident. So just to summarise, your legal rights under the circumstances are the same as if you were the driver of the car – quite simply, you have the legal right to make a claim for financial compensation under UK law.