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Accidents & Injury
Key questions
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For simplicity we use the words ‘he’ and ‘his’, but most answers apply equally to men and women and this is in no way meant to offend.
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How long do I have to make a claim?
From Trip & Slip
Claims for damages for personal injury must be made within three years. The time runs either from the date the injury was sustained, or from the date you realise you have that injury. These can differ if, for example, you are claiming damages for an illness, the symptoms of which do not become apparent for a number of years.
I was in a car accident with an uninsured driver. Is there any way I can still make a claim?
From Trip & Slip
Yes you can. The Motor Insurers Bureau is an organisation set up by insurance companies and the Government to compensate people who have been injured by uninsured drivers. Visit their website for more information:
http://www.mib.org.uk
http://www.mib.org.uk
In response to my injury claim, the other party is claiming ‘contributory negligence’. What does this mean?
They are claiming that by your actions, you were partly to blame for your injuries. If the court agrees, any damages you receive will be lowered to reflect the extent of your responsibility for the incident.
My insurance company is going to make a payout for injuries I've suffered, but I wanted to claim damages from the person who caused them. Can I still claim?
From Trip & Slip
Yes you can. The courts ignore insurance payouts, and consider the liability between you and the person who injured you. You may have to repay your insurance company for any payouts made eventually, however.
How does the law define 'personal injury'?
From Trip & Slip
Personal injury covers all situations where a person claims compensation from someone else who has caused him bodily injury. The injury can be physical or mental, and if the person dies, a claim can sometimes be made on their behalf.
A neighbour who witnessed my accident refuses to give evidence in court. Can anything be done?
Where appropriate, the court can issue a witness summons, compelling somebody to give evidence. Ask the court to issue the summons, and if your neighbour refuses to comply, they could be fined or even imprisoned for contempt of court.
05 July 2008
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