Compensation resulting from auto accidents

Author: John Peterson -

Car AccidentAn individual involved in an auto accident and who experiences injury as a result can easily claim compensation for those injuries assuming that they were not at fault with regard to the accident. In those conditions, the sufferer can be permitted to claim settlement for virtually any damage to her / his car.

The compensation that can be claimed does depend to a large level around the actual injuries experienced nevertheless there are a few general principles that apply to almost all cases.

Any sufferer can easily claim for virtually any injuries that are caused by the car accident. Including any kind of professional medical and specialist costs which occur along with treatment costs. In the event the injury is severe enough to cause time off work, the victim may also claim for present and future income, although this of course depends on the degree of the injuries suffered and the timeframe they’re away from work.

In most instances the amount of compensation likely to be received depends on the steps undertaken in the first minutes and hours following the incident as well as in the days following it.

Motor vehicle collisions

Though car safety is improving all the time, automobile accidents remain probably the most frequent reason for people suffering personal injury. Around 70% of most injury claims are due to road accidents.

A large number of collisions take place as a result of negligence on the part of one of the drivers. They might have been on his or her mobile phone, traveling too fast, not been at a acceptable distance at the rear of the driver in front or just a general insufficient care taken while in control of a vehicle. When the other driver is at fault for the accident, and, ideally, they are covered by insurance, it is going to boost your probability of receiving compensation sooner rather than later.

There are various aspects which occasionally help to create a road traffic accident or can determine the degree of seriousness. Often a collision comes about through poor driving on the part of at least one of the motorists involved even though other elements for example poor state of roads, potholes etc as well as other factors such as poor visibility may play a part, if driver fault is a problem in any way, then an injured party are able to make a claim for personal injuries as well as other losses suffered as a result.

Forms of injury

These can fluctuate widely from very minor whiplash-type injuries which may only just be noticeable along with other soft tissue injuries to extremely serious head traumas and spinal traumas. Whiplash by itself can be very minor or more severe depending on the sort of impact as well as the location of the head at the moment.

The most frequent symptom of whiplash can be described as a painful sensation in the neck, though this may pass on down the arm and may even involve prickling and numbness. It is perhaps more common as a phrase these days because of the compulsory use of seatbelts since they are effective at protecting against serious injury though they certainly place more strain on the neck during the moment of impact.

Steps to take

Attempt to take down the other car’s make, model and registration number. Problems may appear if the other driver provides a fake address or other inaccurate details, so if possible our advice is to write down as many details of the other vehicle as you can. Problems associated with a different kind occur when the other driver isn’t covered by insurance.

If you are unlucky enough to be in an automobile accident with an uninsured motorist, it doesn’t immediately mean that you will end up being out of pocket, however the process is far from straightforward and it is quite complicated. The Motor Insurers Bureau was set up to be able to compensate drivers involved in incidents with uninsured drivers however it inevitably creates a extended and complicated procedure and also the innocent driver has to make a formal complaint to the police.

Also, at the particular scene, as well as writing down the model, make and registration number of the other vehicle in the accident. Try and be sure you have various other details such as for the other motorist, the names and addresses of any witnesses to the incident, in addition to info on the accident too. Thus details necessary are where the accident took place, what time of day it was, the condition of the road at the time etc. Also, if at all possible take any photographs, with a camera or even a mobile phone, in order to accurately demonstrate the accident scene.

In the event the car is in need of repair, contact your insurance provider who’ll inform you of a garage to get in contact with concerning the vehicle repairs. You will need to pay out the excess though when there is no dispute concerning the other driver being the cause of the incident, then your insurance company will compensate the excess. In the event the accident is your fault then it will unavoidably have an effect on your monthly premiums, your excess and your no-claims bonus.

Damages

Damages or injuries that can be anticipated to be obtained due to any sort of accident can be divided into two separate categories; general and special damages.

Special damages are those which can be easily kept a record of, they’re easily quantifiable. Loss of income fall into this group since the exact amount that a person obtains as a wage every month is well recorded. This group additionally covers such items as taxi cab costs back and forth from hospital, any special care that has needed to be paid for whilst recuperating at home and any clothing that have been ruined from the accident. For unique damages you should try to keep track of expenditures paid for which can be blamed on the accident and receipts need to be kept so that once the times comes, the unique damages may be calculated accurately.

Common damages are more difficult to quantify because these can not be precisely calculated. They have to be assessed and depend in certain parts on how the person rejuvinates from their injuries. An evaluation has to be made on such issues because the pain and suffering that have been experienced along with others for example loss of income, and the effects that the injury has had about the victim’s general way of life. To evaluate general damages the courts think it is necessary to look at previous cases to try to get some guidance in regards to what figure to award.

The Judicial Studies Board, which advises most judges throughout England and Wales issues rules for the assessment of general damages in car accident compensation.

Additionally, in those cases where there is a genuine risk with the victim developing a severe disease or that their condition will significantly deteriorate in the future due to the injuries sustained in the accident then the court provides solutions aside from the usual one-off payment. It can now look once again on the question of damages on 2 instances though this is a rarity and only applies in limited cases. Courts also now have a choice to award regular payments, though this is only likely to be a possibility in larger cases and particularly when the injured person is a minor. They are authorized in such instances as they possibly can provide a particular degree of earnings for the rest of the injured person’s life.

Article Source

This article has been republished by Mann & Maximon Attorneys at Law experts in Auto Accident Law and Litigation.  Stuart Mann and Josh Maximon practice in Boulder, CO and serve the Entire State of Colorado including Boulder, Broomfield, Denver and the Front Range.