Derby personal injury claim solicitors

McIntosh Fleming Lawyers, specialise in no win, no fee accident claims, and we guarantee that you keep all of your compensation without any deduction for our charges.

Car accident

The basic principles of the tort of negligence apply. Road users owe a duty of care to other road users whom it is reasonably foreseeable that could be affected. There must be a breach of that duty . The duty is to drive with ordinary care or skill.

A good starting point to see if there has been a breach of the duty of care is the Highway Code.

Every case is different, and the decisions on liability are dependent on the individual circumstances of each accident. However, over a period of years case law has developed giving an indication of the likely liability split that the court will find in certain circumstances.

For example , take not wearing a seatbelt. In Froom v Butcher a 15% contributory negligence was suggested if injuries would have been less serious. 25% if injuries would not have occurred at all.

Another example is liability being apportioned 50/50 in case law between two drivers that collide on a narrow road.

The requirement to have compulsory insurance is found in s 143 of the Road Traffic Act 1988 (RTA 1988). The minimum (compulsory) level of cover, which is third party risk insurance, is cover against liability for personal injury or death caused to other persons arising from the use of a motor vehicle on a road (or other public place) in England or Wales.

The Motor Insurers’ Bureau (MIB) has entered into a series of agreements to provide cover to road traffic accident victims where there would otherwise be none. There are two sets of agreements, one relating to victims of uninsured drivers (‘the Uninsured Drivers’ Agreements’) and the other concerned with victims of hit and run or otherwise untraced drivers (‘the Untraced Drivers’ Agreements’).

With regard to time limits a claim must be brought within 3 years of the accident or the date of knowledge (if later) of the person injured.

Contact us by e-mailing   gary@derby-lawyers.com or ring us on 0800 1712215.

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