For any victim who has been injured in a road traffic accident (RTA), it doesnt matter if he or she was driver or passenger, cyclist or pedestrian, in order for a new claim for car crash compensation to be successful, the claim must be proven. If there is any doubt at all as to liability, the defendants insurance company will attempt to refute it.
Three essential conditions apply to making a successful claim for compensation for injuries sustained in a car crash.
- The claimant must make the claim within three years of the accident occurring.
- The claimant must have had medical treatment either at the time or soon after the accident, and must be able to produce a medical report. This is the first important piece of evidence.
- The accident must have been the fault of a third party; that is to say, the victim was not to blame in any way for his or her injuries. In Britain, in any RTA in which people are injured, it is required by law to inform the police. They will attend the scene and make a report. If intending to claim, the injured party should ensure they obtain a copy of this report. It is the second essential document required because it contributes to establishing liability for the accident.
Finally, the defendants insurance company will require an independent medical report before the claim can be submitted by the claimant. Usually, the victims legal representative arranges for the independent medical examination to be carried out.
The nature and details of each individual claim vary enormously. Depending upon whether the claimant is seeking compensation for loss of earnings, extra medical bills, domestic care and support, transport or whatever, documentation such as receipts and invoices and contracts may be required to support the sum of money being claimed.
A specialist legal advisor will inform the claimant what he or she can reasonably claim for, and how much compensation is likely to be paid out, should the defendant accept liability. Despite the trauma of being involved in an accident, if a victim can be aware of these points at the time, and particularly make sure to collect together all documentation and evidence, it makes it much easier to prepare the claim when the time comes.
Other invaluable supporting evidence includes witness statements, and photographs of the scene and of injuries. Whilst these may not be mandatory, any piece, which builds up an indisputable picture of the whole, will go a long way to helping the claimants legal advisor achieve a successful outcome.
To summarise, the required evidence to start a new claim for compensation for car crash injuries includes:
- The claimants medical report
- The police report of the accident
- The driver must also produce a valid certificate of insurance to prove they are covered by the company against whom the claim is being made.
- Further mandatory evidence from the victim is an independent medical report.
- Finally, any supporting documentation that helps to prove the case could make the difference as to how much compensation is paid out.