I was a front seat passenger in a car accident last week, the car I was travelling in was hit from the side by a vehicle that broke a red light, am I eligible to make a compensation claim for a soft tissue injury after a car accident?
Before determining your eligibility to claim for a soft tissue injury after a car accident you must first seek professional medical care, assuming you have not already done so. If there is no record of your injury in your medical history it will be very difficult to successfully claim compensation as the negligent party’s insurers could allege your injury was not serious enough to warrant professional medical attention.
In order to claim for a soft tissue injury after a car accident, you must demonstrate that the driver of the other vehicle was negligent, in your case this involves proving they broke a red light thus causing the car accident. Photographs taken immediately after the collision as well as testimonies of people who saw the accident could be used to substantiate your claim.
In the aftermath of a collision, once the welfare of all those involved in the accident has been looked after, you are required by law to exchange contact and insurance details with the third parties involved in the collision. If the negligent party flees the accident without giving the necessary information or they are found to be uninsured, you can still make a compensation claim for a soft tissue injury after a car accident however your claim will be made against the Motor Insurance Bureau. It is also recommended that you report the accident to the police if they have not been already informed.
Once you have decided to pursue a claim for soft tissue injury after a car accident, you are best advised to speak with a personal injury claims solicitor; they should handle all your correspondence with the negligent party’s insurance company as they will ensure you receive the maximum amount of compensation you are entitled to. They will first send a ‘Letter of Claim’ to the insurers informing them of your intention to make a compensation claim, the insurance company have 21 days to acknowledge the letter and a further ninety days to indicate if they accept responsibility for the injuries you sustained.
If the insurers do not accept liability, your solicitor will initiate court proceedings subject to your approval. Under the UK Statute of Limitations you have a maximum of three years from the ‘Date of Knowledge’ to make a compensation claim for a soft tissue injury after a car accident’ therefore it is recommended that you speak with a personal injury solicitor about your claim without delay.