You can make a car accident compensation claim when you have been involved in an accident caused by another driver or road user. If you are responsible for the accident you can only claim against your own insurance policy. Circumstances which give rise to a no fault claim can include:
- You are driving down a road and another driver pulls out from a side road and causes a collision. All side roads are clearly marked with road markings and/or give way signs so it is easy to determine who has right of way.
- If your own car is stationary or slowing down and another driver is following too closely and collides with the rear of your vehicle, the other driver is responsible for the accident and you can make a claim directly against the other driver and his insurance. Even if you have to brake sharply to avoid an obstruction or another road user, the other driver is still responsible.
- If another driver collides with your car when it is parked beside the road, you can claim for the damage to your own vehicle and the cost of a replacement vehicle if it is no longer roadworthy or while it is unusable.
- You can also claim if your car has been damaged by an insured third party even though no other vehicle is involved. If your car is damaged by masonry falling from a building you can claim against the owner of the building and his insurer. You can also claim for damage caused by objects falling off another vehicle while it is being unloaded.
You cannot make a successful compensation claim if the third party can prove that you deliberately caused the road accident. The Courts take deliberately caused road accidents very seriously and have recently handed down prison sentences to persons convicted of staged accidents.
For further advice you should contact an experienced claims management company such as Vamco Ltd.