The Normal Procedure for Road Traffic Accident Claims
Getting injured in a road accident can be a life-changing event. In one moment, your everyday life is thrown into a haze of distress, anxiety, and upheaval – possibly through no fault of your own.
When others are liable for the accident, you don’t have to suffer the consequences in silence. You are entitled to claim road traffic accident compensation. The claim should be filed after the accident once you are feeling better. You should seek medical aid where necessary as the medical report will be needed to make your claim. It indicates the details of your injury and the expenses incurred.
If you have never undergone this situation before, it’s understandable if you’re not sure how to claim a road traffic accident compensation. Usually, there are four or five steps to file a claim, depending on the way you are willing to settle your claim.
Procedure for claiming Road Traffic Accident Compensation
- Gathering Evidence
It is advisable to contact your solicitor immediately after the accident takes place. Solicitors can guide you with a better way to collect the right pieces of evidence. If the accident was not recorded and there were no witnesses, you must notify the Gardai and the insurer within 24 hours.
2. Identifying liability
Accidents are rarely one person’s fault. When considering liability for an accident, you need to consider who did what wrong. Where there is more than one person to blame, they are each entitled to bring a claim. However, the damages are reduced to take into account their responsibility. It’s important to have all the facts together and ensure a solicitor is working for you before liability is agreed, they can make sure liability is accurately apportioned.
3. Damage Calculation
Depending on the extent of your injury, damage calculation is done. This step can take a varying amount of time, as the full extent of your injuries will need to be ascertained to establish the level of damages you can receive.
4. Negotiation
Once the calculation is done, it’s time for negotiating a settlement. The other side may make an offer, it’s up to you to decide whether to accept it or present a counteroffer. If you decide to settle, you will receive compensation for your damages. If it’s not possible to negotiate, your case goes to court.
5.Taking the case to court
If you reject the offer made by the other party or no offer to settle is received, your case goes to court. This process takes a while, particularly if the judge requires more information. After completion of the trial, the judge decides whether a settlement should be made and how much compensation should be awarded.
Though it is better to avoid accidents and in case you are involved in one, adhere to the above steps and you might see your road traffic accident claims get you the rightful amount of compensation you could be entitled to.
*In a contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
