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What to Do After An Accident

July 17th, 2006 · No Comments

What you do after an accident can affect the success of your accident claim, or your defense against any claims made against you. Follow this procedure if ever you are involved in an accident.

First, do not to leave the scene of an accident, even a minor one, without first stopping to see whether there are damages or injuries. A person may be criminally prosecuted for leaving the scene of an automobile accident. Check for injuries. Generally, you should not move an injured person. Call an ambulance, if necessary, and the police. If you are unable to call, ask somebody else to call the police to report the accident and inform the police of the number of people who are injured, so that enough emergency personnel respond to the scene.

Accident

You and the other driver should exchange information, including the other driver’s name, address, phone number, drivers license number, license plate number, insurance carrier, policy number, and agent’s name and telephone number. You should also provide the same information to the other driver.

Obtain identifying information from any witnesses to the accident, and ask the police officer who investigates the scene to provide you with a business card and the “incident number,” so that you can obtain an accident report.

You may also want to take notes about where and how the accident occurred, road conditions, speed limits, traffic control devices, weather, lighting, and what the cars were doing at the time of the collision. However, if you end up in litigation related to the accident, you may be required to share these notes with the other party.

Even if you think you are at fault, do not say so. The other driver may share the fault or other factors may have caused the accident. An admission of fault may be used against you later on.

Cooperate fully with the police when they arrive, and stay at the accident scene until the police tell you that you can leave. When you speak to the police, tell them only the facts of what happened, and do not draw any conclusions. And most importantly (this is certainly worth repeating!) never ever ever admit responsibility for the accident to the other drivers, passengers, witnesses or the police. Responsibility or liability is a legal matter that is not always easy to determine. Inform the police of any injuries you may have, and give them the names of the witnesses.

→ No CommentsTags: Accident Compensation Claim

Does your Accident Claim Stand a Chance in Court?

July 17th, 2006 · No Comments

There are a number of factors affect the likelihood of the accident claims’ success.

Accident claim

. Timescale: It is unlikely that a solicitor will be willing to deal with the case if the incident occurred more than three years ago. The limitation period for most personal injury claims is three years and if the case is not settled or proceedings have not been issued in a court of law prior to that time then the matter becomes statute barred. There are exceptions to this rule the most important one being that time does not begin to run until a person reaches the age of 18 years. There are other exceptions and accident claims advice should always be sought in regards to matters relating to limitation.

. Injuries: The doctor who originally treated the injury will hold medical details, which are of paramount importance when making a claim. The solicitor will use this record as evidence of the type and cause of the injury and if necessary will obtain other specialist medical opinion as the case proceeds. It is therefore extremely important that medical advice is obtained as soon as possible after any accident either from a General Practitioner or from the local hospital Accident and Emergency department.

. The Police: A specialist accident claims advice solicitor will liaise with any police officers who witnessed the accident or the occurrences shortly after the accident and will usually obtain a copy of the police accident report which will be made available as soon as any relevant criminal prosecutions are completed. A policeman may be called to give evidence in any civil court case for damages if necessary.

. Witnesses: Sometimes there are witnesses and it helps if their statements are collected immediately. Witness statements greatly support the claimant’s case however these statements should never be obtained personally by the injured person. A solicitor or a private enquiry agent employed on the clients behalf will usually obtain signed statements which will verify the clients version of events.

. Evidence: The more evidence and information gathered, the greater the success rate and clients are recommended to take detailed photographs of the location and any injuries. A daily diary charting the recovery from injury is also useful in assessing any compensation payable for pain and suffering. This should include any entries on what kind of activities you can no longer enjoy, or how the pain intrudes on your ability to enjoy a ‘quality” life. All receipts for expenses incurred should be carefully kept and filed (be sure to make photocopies).

→ No CommentsTags: Accident Compensation Claim

Claiming Compensations for Injuries

July 17th, 2006 · No Comments

Accidents do happen, but if you feel you had a slip trip or fall that was due to someone else’s negligence, you have the right to claim compensation. Personal injuries because of slipping, tripping and falling are a fact of life, but sometimes they are the result of carelessness on the part of individuals or municipal councils who are liable to pay compensation for it.

Accident Claim

Though most public areas in Europe conform to the highest safety standards, occasionally a poorly maintained road, pavement, car park or shopping area can become the cause for personal injury. One could trip on a warped or pitted road, pavement, walkway or car park. One could also slip on dangerously polished floors, fall down poorly constructed or maintained stairs or trip over worn floor coverings or obstructions.

In the case of slips and trips in public areas like roads, walkways and pavements, the local authorities responsible for their upkeep can be held liable if negligence is established. The authorities are expected to carry out frequent inspection and maintenance, especially in areas of high foot traffic. Shops and occupiers of other similar public places are duty-bound to keep the premises safe for their customers. They are required to have staff locating and removing items customers might have spilled or dropped on the floor in order to prevent injury to other visitors.

If you should sustain injuries after taking a fall or slipping in another person’s home, you are entitled to compensation if it was the result of the occupier or proprietor’s negligence. It is the occupier’s responsibility to keep the house safe by picking dropped objects like toys off the floor and wiping off spilt liquids so that no one is hurt. Slips, trips and falls are also common in the workplace and liability in such cases rests with the employer.

When a slip trip fall claim is filed, the law takes into consideration whether the owner/caretaker of the premises where the accident occurred takes “reasonable” care of the property. Reasonableness here relates to a regular inspection and maintenance regime. The claimant will also be questioned about whether he/she was distracted at the time of the accident or was careless in any way that might have led to the slip, trip or fall. One is expected to watch where he/she is going. If there were warnings of hazards that went unheeded or if the claimant was careless, the claim will fail.

→ No CommentsTags: Accident Compensation Claim

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