The aftermath of a car crash can be one of the most chaotic and confusing things you’ll ever experience. Not only was the crash itself a harrowing experience, but the process of understanding your insurance claim and other legal matters can be downright daunting. It’s important to understand how long after a car accident you can claim for compensation.
So whether you’re trying to deal with insurance companies or just want to be prepared for a future car accident, this article will be your go-to guide on simplifying the legal side of things and giving you the essential information you need to protect your legal rights.
In the UK, the clock on your car accident claim starts the moment the accident occurs. You generally have three years from the date of the accident to start the legal proceedings. This is a strict time limit, but there are a couple of exceptions.
For minors under the age of 18, the individual who was involved in the car accident has until their 21st birthday to make a claim.
For people who have a mental disability, there is no time limit to make a claim.
For people who lack the mental capacity to make a claim, the time limit is frozen until they are able to recover, after which they will have the default three years starting from the day they have regained full mental capacity. This usually applies to people who are recovering from a concussion or are in a coma.
For personal injury claims that are not immediately apparent, the three-year time limit starts the moment you become aware of the injury that is linked to the accident. This is known as the “date of knowledge”.
For fatal accidents, the family has three years from the date of death to file a claim.
As you can see, there’s a strict time limit on when you can file a car accident claim. It’s important to understand these time limits because they’ll play a crucial part in safeguarding your rights and ensuring that you receive the compensation that you’re entitled to.
It’s essential to understand your legal rights after a car accident so that you can navigate an accident or insurance claim with minimal delays.
In the UK, every driver has a responsibility to drive carefully and be considerate of others on the road. Those who drive larger or more powerful vehicles could potentially cause more damage in a collision, so this principle is enforced even more strongly if you’re driving a larger vehicle such as a van or truck. This is defined in the Highway Code as the Hierarchy of Road Users. But regardless of who is involved in an accident, it doesn’t remove the responsibility to drive safely.
If someone is proved to be violating this responsibility, then a case can be made against that person. This is the basis of all car accident claims. If you’re involved in an accident and you can prove that someone else was to blame, then you can make a claim. This is why it’s important to collect evidence at the scene of the accident once you’ve confirmed that everyone involved is safe. Witness statements and police reports can also be important for building a complete picture of the scene, though you’ll have limited control over these things.
Everyone also has a right to seek personal legal representation to guide them through the process of a car accident claim. Solicitors can provide valuable advice, help you gather evidence, and also provide representation in negotiations. Staying informed at every stage of the process is important, and exercising the right to legal representation can have a positive impact on the outcome of your claim to help you seek the justice and compensation you deserve.
Gathering evidence will help to substantiate your car accident claim. You can start by taking photographs of the scene and highlighting any visible damage or injuries inflicted upon you and your vehicle.
You’ll also want to speak to the other drivers involved in the crash to exchange contact and insurance information. Record their names and details so that you can refer to them in the future. If there are witnesses, you may wish to ask them for information or their contact details if they are willing. This can lead to a witness statement that may help to support your claim. If someone has filmed the car accident or has photographs, then you can ask for a copy as well.
Gathering evidence at the scene is an important step in strengthening your car accident claim, but you should remember to ensure that everyone is safe before you start to gather evidence.
You should also consider gathering evidence in the form of medical consultations, records, and expenses as a result of the accident. A police report can also serve as strong evidence to support your claim.
The Importance of Seeking Medical Attention
Your personal health following a car accident should take priority, hence why you should immediately seek medical attention.
However, this also serves as supporting evidence for your compensation claim. Even if your injuries are minor, documenting them and recording any future symptoms will add to your medical record, which can be used as evidence to support your claim. This also helps to document medical expenses that can be compensated as well.
Hiring a personal injury solicitor following a car accident is important if you want to comfortably navigate the legal system and make a successful claim. Our legal professionals can help to break down complex jargon and processes to make them easier to understand. Whenw working with TB, you’ll always feel like you have an expert to rely on when going up against an insurance company and their tactics.
Our skilled road traffic accident lawyers can handle the majority of the legal discussions and negotiations, and they’ll also be involved in the process of gathering evidence to strengthen your claim. Since you personally don’t have to be involved, it means you can focus on recovering and returning to your normal lifestyle.
To ensure that you receive fair compensation for your car accident, it’s important to negotiate with help from your personal injury lawyer. After building a strong case with all of the available evidence, your personal injury lawyer will likely provide you with a realistic compensation estimate based on your injuries, lost earnings, and other expenses.
Once your personal injury solicitor has compiled a detailed claim, they’ll send it to the responsible party’s insurance company to outline the damages to the vehicle and injuries to those involved. It will also describe the compensation that you seek. The insurer will likely respond with another offer, and you’ll have the opportunity to discuss it with your personal injury lawyer. If needed, they will continue to negotiate for a better deal to ensure you get fair and reasonable compensation.
It’s important to be patient during this stage to ensure you’re getting the most compensation you can. A quick settlement usually means undervalued compensation, but your personal injury lawyer will continue to negotiate with the other party and communicate with you to ensure the offer is satisfactory.
Ultimately, the goal of the settlement is to ensure it covers all of your physical, emotional, and financial hardships as a result of the accident.
If the insurance company takes too long to respond or the offer is unsatisfactory, then your lawyer may advise you to file a claim if necessary. This will elevate the action to a formal legal dispute, and it will be subject to the UK court system. While this may be daunting, your personal injury lawyer will only advise this if the insurance company is being uncooperative or refuses to provide adequate compensation.
Going to court is a lengthy and complicated process, but it can be necessary to ensure you receive fair compensation for your hardships. Thankfully, your lawyer will guide you through the process every step of the way to help ease your concerns.
To ensure you receive adequate compensation, it’s important to take action and protect your rights. Remember that you have three years from the date of the accident to make your claim. While this may seem like plenty of time, it can take people months or even years to recover from the trauma they’ve experienced during a car accident.
It’s essential that you speak with a personal injury lawyer as soon as possible. Our team can help guide you through the complex claims process and also help you negotiate with insurance companies to ensure you get the compensation you deserve. If necessary, we can also help you file a lawsuit to fight for your rights.
Don’t underestimate the importance of acting promptly. The sooner you begin to build a case, the more successful your claim is likely to be. Now you know how long after a car accident you can claim for, make sure to get in touch with TBI so we can help get you the best compensation possible. Contact one of our offices today:
• Hartlepool
• Stockton
• Barnard Castle
• Wynyard
