Who Pays Personal Injury Claims for Car Accidents?

One of the unfortunate side effects of the increased volume of traffic on roads in the UK is the number of accidents. Irrespective of whether it is a minor bump or a more serious collision, injuries often occur to drivers and passengers that can affect them both physically and emotionally.

If you have been injured in a motoring accident that wasn’t your fault, you may have already contacted a personal injury solicitor to explore the possibility of making car crash claims. But if you make a claim, have you ever considered who will be responsible for paying the compensation you are awarded if your claim is successful?

In this blog post, we will take a closer look at who has responsibility for paying any compensation awarded and the things you need to do to help ensure you get the maximum amount of compensation available to you.

What is a Personal Injury Claim? How do they Work in Relation to Car Accidents

Basically, any personal injury claim is a claim for compensation from the party deemed to be responsible for causing the accident or injury.

The clearest form of harm tends to be physical injury, which ranges from minor injuries such as cuts and bruises to injuries that are more severe, like fractures and burns, or life-changing conditions such as spinal cord and significant head injuries. The cost of treating these injuries, whether that is any initial emergency care, ongoing treatment, physiotherapy, or any surgery required, often makes up a large part of any personal injury claim.

However, the effects of a car accident are often not just physical; they can also leave emotional scars. People involved in serious car accidents often experience conditions like anxiety and post-traumatic stress disorder. This type of condition is not always clearly visible, but they are just as valid when it comes to determining the amount of compensation in personal injury claims. Psychological evaluations will generally be required to support this type of claim.

If an injury leaves you unable to work, either permanently or temporarily, you could be entitled to compensation for loss of earnings. This covers things like salary, bonuses, promotions, and any additional benefits you may have been entitled to if you were able to carry on working.

Additional Claims for Out of Pocket Expenses

You may also be able to claim a variety of other out of pocket expenses that relate to the accident, including travel expenses to and from medical appointments, any modifications that are needed to your home or car because of your injuries, or the cost of hiring help for tasks you are unable to perform while injured.

You can also include legal fees in your claim, usually under a ‘conditional fee agreement,’ which most people know as a no-win, no-fee agreement. At Tylers Solicitors, all of our personal injury claims are handled on a no-win, no-fee basis, allowing our clients to start their claim without worrying about legal costs. This is because they will only pay legal fees if their claim is successful.

What Role Do Insurance Companies Play in Injury Pay Outs After Car Accidents?

Insurance companies play an essential role when it comes to resolving personal injury claims. This is because they are the vehicle by which the party responsible for your injuries or any damage to your car gets access to the funds needed to pay any compensation.

Drivers in the UK are legally required to have at least third-party car insurance, which will cover damage to other people and their vehicles in the case of an accident. However, third-party insurance does not cover the insured party or their vehicle. If you want to cover yourself and your vehicle, you will need to take out a fully comprehensive policy.

In the aftermath of a road traffic accident, insurance companies that represent both parties will undertake an investigation to determine who was responsible. In most cases, it will be the responsibility of the insurance company representing the party at fault to pay out the compensation award.

Understanding Fault and No-Fault Policies

This is commonly referred to as a ‘fault’ policy. However, there are also ‘no-fault’ policies where each party’s insurance company covers their own losses, regardless of who caused the accident. While no-fault policies can expedite the claims process, they may lead to higher premiums for both parties.

If you are injured in a car accident, the insurance company representing the other party may well contact you with the offer of a pay out. However, our advice would be to speak to your solicitor before you accept any offer to make sure you get adequate cover for any losses and future accident-related expenses.

Insurance companies sometimes offer pay outs prior to any investigation being done, which would accurately assess the value of your injury and loss claim. While this may seem a quick and convenient solution, you may face complications later on that would have led to you receiving a higher compensation award. Read more relating to this in our does claiming whiplash impact your insurance article.

It’s vital that you understand that once you accept a pay out from an insurance company, pursuing additional compensation becomes challenging. Be sure to consult with a solicitor before agreeing to any offer.

What Happens When the Other Party is Uninsured?

Ideally, both parties involved in any accident will be insured. Once fault has been determined, the insurance company of the party that was at fault will typically handle the compensation claim and make the pay out to the victim.

This could include payments for medical bills, repair costs for damaged property, along with any compensation for emotional distress or loss of earnings.

The Role of the Motor Insurers’ Bureau (MIB)

Situations become more complex when the at-fault party is uninsured or cannot be identified. In such cases, the Motor Insurers’ Bureau (MIB) can step in to manage claims, ensuring that victims still receive the compensation they deserve even if the responsible driver is uninsured or untraceable.

What if You are the Party That is at Fault?

Depending on how comprehensive your coverage is, your policy should cover all aspects of any compensation claim, including medical bills, damage to property, loss of earnings, and emotional distress.

If you suffer injury, your solicitor may find reasonable grounds that any injuries you sustained were caused by the other party. However, in the majority of cases, you will not be able to pursue a claim against a party not deemed to be at fault.

How to Make a Personal Injury Claim

If you have been involved in a car accident that wasn’t your fault and you have suffered any kind of injury, you could be eligible for compensation. When you call our experienced personal injury solicitors, they will talk to you to discuss the validity of your claim. Once that has been determined, our team will begin the process of gathering evidence and contacting other parties.

We will work closely with you through the claims process to help ensure you receive the full amount of compensation you deserve. Remember, all of this work is carried out on a no-win, no-fee basis, so you will only ever pay us a fee if your claim is successful. Contact the team here at Tylers today on 0800 699 0079 to start your car accident claim today.