Wednesday 10 November 2010

What to do In a Car Accident Involving Pedestrians

For the most part, pedestrians stay in their rightful place. Either at home, or on the pavement. However there are always those lunatics who think playing chicken with traffic is a great way to pass the day. Pedestrians account for 21 percent of all road accident injuries and 21 percent of fatalities. So it isn’t a laughing matter. 

If you’re in a car accident involving pedestrians there are a few things you should know:

Firstly, you must stop. If you hit the pedestrian, you should most certainly stop. Your first priority is to make sure your car doesn’t provide further risk to other people, then to make sure the pedestrian is okay and out of harm’s way, or that further injury to them is prevented.

If the pedestrian is injured you should call an ambulance and the police. Even if someone else says they have done it already, do it anyway. 

The emergency services would much rather have more than one call about an incident than none at all. It would also go against you if you had to go to court and you hadn’t made the call.

If the pedestrian isn’t injured, you’re still obliged to report it to the police, so either call them there and then, or collect everyone’s details and do it within 24 hours. So once you have made sure everyone is okay, start collecting personal details. Anyone directly involved in an accident is obliged to provide their details even emergency vehicles involved in car accidents.

If you elect to tell the police after the fact, report to your local station with your car and insurance details to make the report. It’s just paperwork, but it means you’re covered if some injury appears later on.

Unfortunately a car accident involving pedestrians usually involves injuries of one kind or another. In this case, call an ambulance, even if the injuries look minor. There are many trauma injuries that have no outward signs, and anything that involves someone banging their head should be treated very carefully indeed. Even if the injured party doesn’t want a paramedic, call them anyway. Again, even if to cover yourself should anything happen.

While the main consideration is obviously for the safety and well being of the pedestrian or cycle claim, what you really need to do is cover yourself. So calling the police, and paramedic might seem a little over the top, but by doing so you can demonstrate to any later investigation that you were acting properly and will all thought towards the injured party.

The rest is all practicality. In any car accident claim you need to take details of those involved, and any witnesses. You need to record the scene as accurately as possible and get that information to your insurance company as soon as possible. 

A car accident claim involving pedestrians can be quite straight forward if the circumstances are right. Sometimes, especially when blame is unclear, they can drag on for a bit. Stay calm, give the insurance company what they need, and protest your innocence at all times.

Wednesday 27 October 2010

Fast Track Car Accident Claims

Earlier this year, a new fast track car accident claims process came into force which limited the amount law firms can make off the backs of injured drivers. Anyone who drives will have noticed the increase in “no win no fee” type advertisements claiming to be able to win you unspecified amounts of money if you have been involved in an accident that wasn’t your fault. These lawyers are the bane of the legal industry and cost us as policy holders every time they win a claim.

Fortunately, in April this year, a new system was introduced to limit the money these firms can earn. This new fast track car accident claims system is designed to make the whole process quicker, cheaper limits the amount of money law firms can make from these types of practices.

One of the stated aims of the new fast track car accident claims system is to reduce the payments to the lawyers and claims handlers. The other is to ensure that the injured party doesn’t have to wait too long to receive their dues. There is even a clause which allows for an advance payment of £1,000 in the right circumstances.

As you would expect, to qualify for fast track car accident claims, there is a set of criteria you have to meet:

•    You must be free from fault in the incident. No blame must be held against you to be able to use the fast track car accident claim system.
•    The accident must have occurred after April 30th 2010
•    The total claim must not exceed £10,000, except the cost of the vehicle damage or replacement.
•    The personal injury aspect must exceed £1000
•    All claimants must have valid car insurance to use fast track car accident claims.
•    There must be no fatalities.
•    No party involved can be bankrupt
•    The solicitor you use must file everything correctly otherwise the claim will be referred back to the standard system.

The system is referred in legal circles to the Road Traffic Accident Protocol. To make sure your fast track car accident claim goes through without issue, make sure your solicitor is familiar with it. Most should be as it has been in force for a few months now, but it’s worth checking.

We haven’t seen the last of ambulance chasing solicitors, but only the really determined will continue now the financial motivation has been tempered. There is still a living to be made in the “where there’s a blame, there’s a claim” business, but nothing like there once was.

For once a change in the rules works in the favour of the claimant. If you’re injured in a car accident and you meet the criteria above, make sure you talk to your insurance company or solicitor about fast track car accident claims. It might save you some time and money.