If you have been injured in a car accident, then you may be eligible for compensation. Your eligibility for making a car accident body injury claim depends on two factors:
- When your accident happened
You only have three years from the date your accident happened or from the date your injuries first became clear to make a claim. This is known as your Date of Limitation or your Date of Knowledge. Most accident claims become time-barred or statute barred under the Limitation Act 1980 after three years. Exceptions only apply under exceptional circumstances, or if you have been treated under the Mental Health Act 1983.
- How your accident happened
In order to the eligible for compensation, you must have diminished liability. Meaning, you cannot be wholly responsible for the accident in which you were injured. You can however be partially liable, up to 75 per cent. If you are completely responsible, then unfortunately your claim cannot be brought forward because the other side will be under no obligation to pay you compensation. Or in other words, your claim would be rejected.
Providing your accident happened less than three years ago and you were not completely to blame for it, then we would say it is likely you are eligible for compensation.
Do I have a strong car accident body injury claim?
Of course even if you meet the compensation eligibility criteria discussed above, this does not automatically mean that you have a strong claim.
A strong car accident body injury claim is one where your level of liability can be proved without doubt. For example, if you had a dashboard camera fitted in your car at the time of your accident, then that video recording would provide indisputable proof of your level of liability. The same can be said of CCTV footage. Or, you may have been able to take several witness statements at the time of your accident to corroborate your story.
What if there is no evidence to back up my claims?
If there is no hard evidence whatsoever to back up your claims, and the other side contests your version of events and their level of liability, then you may have to settle on what is called a ‘split liability agreement’, in which you would accept liability on a 25/75, 50/50 or 75/25 basis. Under such an agreement, you would be paid a set percentage of your original settlement demand. So if you accept 25% liability, you would be paid 75% of the demand.
Find out more about the claims process today
Get informed on your car accident body injury claim rights today by calling our free and no obligation claims helpline on 0800 157 1437.