Can I Make A Personal Injury Claim Even If The Road Traffic Accident Was My Fault?

Published: 27th June 2009
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In road traffic accident the key factor is to determine is whose fault it was. If the other party was at fault, then it becomes an open and shut case. You can file a claim for personal injury and get full compensation. But what happens in case both parties are at fault? Then the percentage of fault needs to be determined. If the road traffic accident occurred because it was eighty percent your fault, then you will only get twenty percent of the personal injury claim.



If both parties were at fault, then depending on the percentage of fault as per each party, the personal injury claim will be settled. In a road accident it becomes very difficult to determine the percentage of fault. This can be a long drawn out process. It's not easy to determine the percentage of faults. If you are totally at fault then you cannot claim any compensation from the other party's insurance company. In fact they will be claiming compensation from your insurance company.



Insurance companies offer extra coverage for damage to properties, injuries and medical expenses. They charge extra for this, but in case of an accident, they settle all the claims. In such a case they don't determine the fault, so if you have this type of coverage, your insurance company will pay your personal injury bills. It's always advisable to pay that extra premium and get the extra coverage. This saves a lot of headaches and hassles. You know it was your fault, but you know you have full insurance covered. So at least you can save your injury costs.



If you don't have this type of insurance, then you can expect the insurance company to only pay for what you are authorised. There will be a cap on the amount they will pay and you will have to pay the rest by your own means.



People generally tend to ignore any advice that the insurance agent has to give them. They look at the bottom line when taking out insurance. It's only after an accident that people find out what they are entitled to. Paying that extra premium will help in the long run and especially in case of an accident.



If you want to file a compensation claim for personal injuries in a road accident that was your fault, then you will need to talk with a lawyer. Selecting a good lawyer who can help you file a claim may be difficult. Especially, if you were at fault or partially at fault, you will need to explain the entire accident to the lawyer. After examining the evidence, the lawyer will advise you. Don't hide any information from the lawyer.



Compensation claims lawyers have their own network. They will examine every facet of your case. Only after that will they tell you what to expect. Don't expect full compensation if you are liable, irrespective of the percentage of your fault. You will be lucky if you can get a partial compensation.



The affected party would try to get there dues from your insurance firm. So don't expect your insurance firm to look kindly at your case. An independent lawyer will give you the best guidance and advice.



Find out if you have a car accident claim at My Injury Lawyer UK.


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