Road Traffic
Crashes
A guide for victims seeking compensation
About Pannone
Pannone is a leading law firm, with a national reputation in the field
of personal injury – as recognised by the independent publications
The Legal 500 and Chambers UK Guide.
Our specialist teams handle all aspects of personal injury law –
from major disaster work and catastrophic injury claims both in the
UK and abroad, to accidents at work.
Our experienced and specialist solicitors offer a holistic approach
by working together with clients and their families, to address their
immediate needs, as well as guiding them through the complex
legal maze.
This booklet outlines how we are able to help if you, or someone
you are assisting, has suffered an
injury and associated losses or
expenses, as a result of a road crash.
As it is not possible to go into too much detail in this leaflet, please
feel free to contact us if you require any further information.
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Introduction
Road traffic crashes are the most common type of ‘accident’ in
the UK. We at Pannone handle many thousands of personal injury
claims nationwide every year, for victims of road crashes. To
succeed with a claim for compensation, you need to prove that
someone other than yourself was, at least to some degree, at
fault for the crash.
Our dedicated team has extensive experience of dealing with
compensation claims for drivers, passengers, pedal cyclists,
motor cyclists and pedestrians who are injured in road crashes.
We prefer to use the word crash rather than accident, as the vast
majority of crashes are the fault of someone and are misleadingly
described as accidents.
Injuries caused by road traffic crashes can vary from
straightforward whiplash-type neck injuries, to catastrophic
injuries or fatalities, where claims may be worth several million
pounds. As well as a claim for the injuries themselves,
compensation arising from a road traffic crash can include claims
for other losses, for example, property or vehicle damage, hire
charges, loss of earnings and many more.
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Some types of road traffic crashes are not altogether
straightforward, for example those involving, untraced, uninsured
or foreign drivers. Within our department we have teams which
specialise in claims which proceed through the Motor Insurers’
Bureau (MIB) scheme, who generally represent untraced or
uninsured drivers, to ensure that these potentially problematic
and technical claims can be dealt with expertly.
We also have a team specialising in claims arising from crashes
which occur anywhere other than in England and Wales, as these
claims are inherently more complicated than those which arise
from within this jurisdiction.
For victims of a driver who deliberately causes them an injury by
the use of a motor vehicle, one of our solicitors who specialises
in applications to the Criminal Injuries Compensation Authority
(CICA) will be able to assist with the application.
Our very broad range of personal injury experience means
that claims are dealt with professionally and efficiently and the
best possible outcome achieved. We pride ourselves on always
considering at the very outset of every claim how, if relevant, we
may achieve the full rehabilitation of the injured client, so that
they recover as quickly as possible from the injuries sustained in
the crash.
We also focus on ensuring the client obtains the maximum
amount of compensation, and the great effort on our part to
achieve these goals is the same no matter what the value of the
claim may be.
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What should you do
after a crash?
Medical treatment
If you have not already received medical treatment it is
important you consider attending upon your GP or your local
A&E department, to obtain a professional medical opinion on
the nature and extent of your injuries. To have a documented
entry of an attendance shortly after a crash is also important, as
your relevant medical records could be obtained by your solicitor
before they arrange for you to be examined by a consultant who
will prepare a report for the benefit of your claim.
Report the crash to your insurers
You are contractually obliged to notify your own insurers of any
crash. If you have fully comprehensive cover, your insurers will
arrange for your vehicle to be inspected and repaired or pay
you a sum representing the ‘written off’ value of the vehicle,
regardless of who was at fault for the crash. If your cover is third
party, fire and theft, you cannot make a claim against your own
policy for the cost of any repairs or the written-off value, even if
the crash was not your fault. Generally, your only recourse would
be to claim for these losses from the party you hold at fault for
the crash or their insurers.
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Instruct a solicitor
It is vitally important where you hold another party, at least to
some degree, at fault for the crash, to contact a solicitor at the
earliest opportunity for advice on pursuing a claim. Although
generally you have three years from the date of the crash to
commence civil proceedings against the party you hold at fault
(this may vary if the accident occurred outside of England and
Wales), or two years to submit an application to the CICA, there
are various issues which will need to be addressed without delay
after a crash.
Report the crash to the police
If the police have not already been notified of the crash, it is
important that you now consider whether a report should be
made. A solicitor will be able to help you make this decision,
although to comply with the requirements of the MIB scheme, we
are likely to recommend that at least a phone call should be made
on every occasion.
Issues to be addressed at
the outset of a claim
Liaise with your own and the
other party’s insurers
It is necessary to involve both your own and the opponent’s
insurers in any claim at the earliest stage and a solicitor will
undertake this task for you.
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Arrange for your vehicle to be
inspected
If your insurance cover is third party only, your own insurers
will not arrange an inspection and your vehicle will need to
be inspected without delay. This is especially the case if daily
charges are being incurred – for which ultimately you are liable –
if your vehicle is in storage, for example, at a garage.
Rehabilitation
No matter how slight or serious the injuries sustained are, we
always consider the extent of your injuries and what treatment,
if any, is required. We liaise with the other party to ensure any
treatment is obtained at the very earliest opportunity. Relying
upon treatment to be provided by the NHS often leads to
lengthy delays in provision of the treatment due to the limited
resources available to the NHS. An approach can be made to the
other party’s representatives to pay for any required treatment,
privately if necessary.
Police
Consideration must be given to working with the police. If the
police are not yet involved, we can assist in reporting the matter
to them. If the police are involved, then we will work with them
to obtain all evidence relevant to your claim, although whether
or not the police and their independent legal representatives, the
Crown Prosecution Service (CPS), commence criminal proceedings
against the other party, is entirely their decision. A successful
civil claim for compensation is not dependent upon a successful
criminal action being made against the other party. Due to limited
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resources and other priorities, it is now common for the police
not to be involved at all after there has been a crash, unless one
party has sustained a very serious injury or there has been a
fatality.
Employment issues
If you are unable to return to employment due to the injuries
sustained in the crash, there are immediate practicalities to be
resolved. We can liaise with your employer to discuss numerous
issues, including:
• Your return to employment on either a full-time or part-time
basis
• Your return to work in another role if you are unfit to fulfil
your usual job requirements, either on a temporary or
permanent basis
• Provision of any occupational health services
State benefits
Consideration must be given to what state benefits you may be
entitled to because of the injuries caused by the crash. We can
assist you in receiving expert and appropriate advice in this area.
Care/Aids and appliances
We will consider if you require any professional domestic care and
whether you would benefit from any aids or appliances to assist
you in coping at home or at work with any tasks that are now
more difficult because of your injuries.
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Interim payments
An interim payment is a payment made before the claim
concludes. An approach can be made at any time to the other
party, for an interim payment in respect of any losses already
incurred or to be incurred, once such losses are documented. For
example, once the losses are proven, claims can be made for:
• Loss of earnings
• A policy excess on a motor insurance policy
• The written-off value of your vehicle if you are insured third
party, fire and theft
• Medical expenses and many more
Funding
This is one area that will be discussed in detail during the initial
free consultation with a client. Most instructions are taken over
the telephone the same day we receive an approach for advice.
Home visits are also arranged.
Most claims are funded either with the client having the benefit
of a Legal Expense Insurance policy attached to a policy of
insurance, for example, motor, household, or credit card, or with
a Conditional Fee Agreement (CFA), more commonly called a
‘No Win, No Fee’ agreement. You should receive 100% of your
damages if your claim is successful and pay nothing if you lose
the claim.
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What can I recover if I am
successful with my claim?
Injuries
Compensation is awarded to reflect the nature and severity of
the injuries sustained in a crash, including the unfortunate case
where the injured party dies.
Following an examination with the appropriately qualified medical
expert, a report will be produced which documents the injuries
attributable to the crash.
The size of the likely claim will be assessed once the report has
been received.
Different rules apply if the injured party is deceased and we have
specialists who will expertly advise a deceased’s representative on
these issues.
Where only a relatively minor injury has been sustained, only
one report is likely to be required. If the injuries are more
serious then additional reports may be obtained from a range of
experts with different specialities. Only once all the necessary
medical reports have been obtained can the value of this claim be
properly assessed.
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Any other losses or expenses
Put simply, any financial loss arising from the crash may be
included within the claim being made against the other party,
including future losses or expenses. Once a reasonable loss
associated with the crash has been documented, rather than wait
until the end of the claim, which will not be until all the necessary
medical evidence has been obtained we will seek an interim
payment from the other party to reimburse this loss.
A few examples of losses or expenses commonly incurred are:
• Past and future loss of earnings
• Loss of pension entitlement
• Policy excess or written-off value of your vehicle
• Hire charges
• Past and future private treatment fees
• Medication costs
• Property damage
• Care costs
• Aids and appliances
• Travel expenses
Procedure
It is our task to obtain all possible evidence in support of the
claim. If there is a potential or actual dispute as to who is at fault
for the crash, then this may include a report from the police,
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witness statements, a professional plan and photographs of the
scene of the crash, expert engineering reports and any other
relevant evidence. We will also attempt to ensure you receive the
appropriate treatment at the earliest opportunity by liaising with
the other party’s representatives.
Once we have obtained all necessary medical reports and all
losses and expenses have been documented, negotiations can
commence to conclude any aspects of the claim not already
resolved by way of interim payments. Usually this is with the
insurers/solicitors of the other party, although the claim could be
being made against another body, such as the MIB or CICA.
The vast majority of claims do conclude in this manner and
without the need to commence civil court proceedings. If the
issue of who is at fault for the crash or the valuation of the claim
cannot be resolved by negotiations, then court proceedings can
be commenced as soon as the first medical report is available.
There is no need to wait until the medical evidence is finalised
before doing so.
How long will my
claim take?
A claim can take anywhere from a few months to many years
to conclude. Each claim is unique and will be treated by us
accordingly. Generally, however, if only relatively minor injuries are
sustained and there is no dispute that the other party is at fault for
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the crash, such a claim can be resolved in as little as six months.
The main factor which determines the length of any claim is the
nature of the injuries sustained by the client. Whilst the issue of
who is at fault for a crash can delay settlement of a claim, in the
case of a simple claim, this delay tends to be just a few months.
However, if serious injuries are sustained, the claim could take
years rather than months to settle. This is because the length of
the claim will be determined by the recovery period of the injured
party. Only when the recovery process is complete, can the claim
be finally valued.
Civil court proceedings
Generally, court proceedings must be issued within three years of
the date of the road traffic crash (subject to occurring in England
or Wales). The three year period does not commence until the
18th birthday of any injured party who was under the age of 18
at the date of the crash.
Even though proceedings are issued, this does not mean that
a complicated claim will settle around the time of the third
anniversary of the crash. The civil procedure rules simply
stipulate that the proceedings themselves must be brought before
the third anniversary and once they have been commenced, then
the future steps to be taken to progress the claim to a conclusion
will be governed by directions given by the court, in the form of
court orders.
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Once civil proceedings are issued, the court will dictate how
a claim is to progress. Until proceedings are issued the court
generally will have no input in the claim.
If in dispute, a court can be asked at any time to determine the
issue of who was at fault for a crash, or the value of a claim,
or both. The issue of who is at fault for a crash will only be
addressed, however, once a medical report is available, as court
proceedings for a personal injury claim cannot be issued without
a report being available for the court. The issue of a disputed
valuation of a claim can, by definition, only be resolved once
all evidence in support of the claim for injuries and losses or
expenses has been finalised.
If the matter of who was at fault for the crash is in dispute,
and a medical report has been obtained and it is likely to take
a considerable period of time before the claim can be valued
due to the severity of the injuries, it is possible to ask a court to
determine who was at fault for the crash as a preliminary issue.
If either the issue of who was at fault for the crash or the
valuation of the claim is in dispute, the matter will be resolved
at a court hearing. In low-value claims where the only dispute is
the value of the claim, you may not – unless you want to – have
to attend such a hearing and your appointed legal representative
will deal with all issues at the hearing.
In all other situations, it is likely that your attendance, together
with that of your legal representative, will be required. However,
most claims do settle amicably, as a result of successful
negotiations with the other party’s representatives.
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What happens next?
To start your claim please call us on our freephone number 08000
384 384 or visit our website (www.pannone.com) and complete the
online form providing a brief description of your accident and we
will contact you shortly.
After you have contacted Pannone, we will arrange an appointment
with you, be it by telephone, at your home or at our offices. If
necessary, further evidence by way of a report from an Accident
Investigator, or alternatively photographs and a sketch plan of the
collision site, may be obtained to assist in determining the issue of
fault and who is to blame for the crash.
At Pannone, we will always ensure that you are made aware of your
position so you are fully informed throughout the legal process.
Conclusion
It is impossible to set out in any great detail the law relating to
road traffic crashes in a short document such as this. It is a highly
complex area of the law, but we hope we have given you some
initial information. If you have any further concerns or questions
then please do not hesitate to contact us via law@pannone.co.uk
or on 08000 384 384.
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Useful contacts
Aftermath Support
c/o Bromborough Police Station
Bromborough Village Road
Bromborough
Wirral
CH62 7JG
Telephone: 0151 777 2562
Fax: 0151 777 2583
E-mail: support@aftermathsupport.org.uk
Website: www.aftermathsupport.org.uk
Aspire
The Aspire National Training Centre
Wood Lane
Stanmore
Middlesex
HA7 4AP
Telephone: 020 8954 5759
Fax: 020 8420 6352
Textphone: 020 8420 6501
E-mail: info@aspire.org.uk
Website: www.aspire.org.uk
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Automobile Association
Lambert House
Stockport Road
Cheadle
Cheshire
SK8 2DY
Telephone: 0870 600 0371
Fax: 0161 488 7544
Website: www.theaa.com
Brake
PO Box 548
Huddersfield
HD1 2XZ
Telephone: 01484 559909
Fax: 01484 559983
E-mail: brake@brake.org.uk
Website: www.brake.org.uk
Douglas Bader Foundation
45 Dundale Road
Tring
Hertfordshire
HP23 5BU
Telephone: 0844 9999 242
Fax: 01442 826662
E-mail: douglasbaderfdn@btinternet.com
Website: www.douglasbaderfoundation.co.uk
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Headway
The Brain Injury Association
7 King Edward Court
King Edward Street
Nottingham
NG1 1EW
Telephone: 0115 924 0800
Helpline: 0800 800 2244
Fax: 0115 958 4446
E-mail: enquiries@headway.org.uk
Website: www.headway.org.uk
The Limbless Association
Queen Mary’s Hospital
Roehampton Lane
London
SW15 5PN
Telephone: 020 8788 1777
Fax: 020 8788 3444
E-mail: enquiries@limbless-association.org
Website: www.limbless-association.org
RAC
RAC Motoring Services
8 Surrey Street
Norwich
Norfolk
NR1 3NG
Telephone: 01922 727313
Website: www.rac.co.uk
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RoadPeace
Shakespeare Business Centre
245a Cold Harbour Lane
Brixton
London
SW9 8RR
Telephone: 020 7733 1603
Helpline: 0845 4500 355
E-mail: info@roadpeace.org
Website: www.roadpeace.org
Royal Society for the Prevention of Accidents (RoSPA)
RoSPA House
Edgbaston Park
353 Bristol Road
Edgbaston
Birmingham
B5 7ST
Telephone: 0121 248 2000
E-mail: help@rospa.com
Website: www.rospa.com
Spinal Injuries Association
SIA House
2 Trueman Place
Oldbrook
Milton Keynes
MK6 2HH
Telephone: 0845 678 6633
Fax: 0845 070 6911
E-mail: sia@spinal.co.uk
Website: www.spinal.co.uk 19
Pannone LLP
123 Deansgate
Manchester M3 2BU
Tel: 0161 909 3000
Fax: 0161 909 4444
www.pannone.com
law@pannone.co.uk