EWART PRICE SOLICITORS
ROAD TRAFFIC ACCIDENTS -
NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER
If you have been involved in a Road Traffic Accident as a driver or passenger we
hope that you will find that these notes helpful to you if you are considering making a
claim. Please contact our specialist Personal Injury Team for further advice and
LEGAL BASIS OF CIVIL CLAIMS
All road users have a legal duty to exercise proper care so as to avoid causing injury to others or
damage to their property. Failure to exercise the proper degree of care constitutes negligence and
creates a liability in law to pay damages in compensation for any injury or loss which was directly
caused by the accident.
If a claimant (the person pursuing a claim) is held partly to blame for the accident (contributory
negligence) any compensation received will be reduced in proportion to the share of blame. Thus, if
a claimant is held to have been 25% to blame only 75% of the compensation agreed or awarded will
be paid. The claimant will also be responsible for paying 25% of any compensation claimed by the
third party. However this aspect will be dealt with by their own motor insurers, who cover such
Civil claims are intended to provide compensation for injury or loss that has been suffered. They are
not meant as a punishment of the responsible party. Offences such as driving without due care and
attention would be the subject of a separate prosecution by the police. Conviction of such offence
does not automatically create civil liability but can be used as evidence in support of a claim for
compensation and it is still open to a third party to argue that there was contributory negligence.
Civil claims are made against the driver or other party who is being held responsible for causing the
accident or their Insurance Company.
In cases where the responsible party is not properly insured or was not traced, it is possible to p