Injured in a road accident: What can I do to get compensation?

If you’ve been in a car crash that was caused by someone else’s careless driving and have suffered an injury as a result, you are likely to be entitled to compensation. 

When making a claim for compensation, you need to prove four things: 

1. The other driver owed you a duty of care;
2. That person breached that duty;
3. You were injured or suffered loss as a result (causation); and
4. How much the injury has cost you.

Although it may seem clear cut, disputes can arise over whether the other person was at fault or even if they caused the full extent of the injury.

If there is a dispute, evidence must be gathered to prove exactly what happened, including witnesses, police reports, reference to the Highway Code, accident reports, reconstructions, measurements of the road, medical evidence and any other information surrounding the location and circumstances. It is vital to gather the evidence as soon as possible.

When assessing what your claim is worth, an expert can prepare a report on your injuries – this is called ‘medical evidence’.

You may receive an offer from the other party’s insurer: stop! Remember that they are representing the other party and may not even be aware of the full extent of your injuries. You should not accept any offer before seeking your own advice from a solicitor who can ensure all aspects are investigated and that you get full compensation for your injury and losses. By accepting an insurer’s initial offer, you run the risk of receiving up to two to three times less compensation than you would if you used a solicitor.

If you have a car crash you should get in contact with Emsleys as soon as possible. Our experienced solicitors will be able to advise you on what evidence is needed from the outset and can handle the complex procedures involved including any Court Proceedings.

Contact our personal injury team on 0113 232 1030 or email personal.injury@emsleys.co.uk to discuss your claim. You can also submit an online enquiry form on our website.