You can still make a compensation claim even if you were partially responsible for the road accident. However, under the concept of split liability, the liability will be divided between you and the other party. 

For example: You’re speeding on the road, and a drunk driver collides with your car, injuring both of you. The experts working on your claim will assess all the evidence and decide the extent of responsibility of each party. If it is decided in this particular case that both parties are equally responsible, then you will be awarded 50% of the compensation had you not been liable at all. 

The amount of compensation you receive will depend on how liable you are deemed to have been.

Can I Claim Against An Uninsured Third Party?

If the party pays you compensation, it would be through their insurance company. But the problem arises when the driver who caused your accident does not have any insurance. However, you need not worry, as you can claim through the Motor Insurers’ Bureau (MIB).

The MIB helps the victims of:

• Untraced/unknown drivers.
• Uninsured drivers
• Accidents due to foreign-registered vehicles in the UK or Europe.

It is recommended that you gather as much information as possible about the driver. If the driver is still untraceable, note down any available information, such as the car’s model, colour, and license plate number.

Section 170 of the Road Traffic Act 1988 makes it a punishable offence if the car which has caused the accident doesn’t stop. This is called a ‘hit and run’ offence, and you must make a police report even if the driver doesn’t stop. The police report would help to serve as a record of the accident details, which would be useful evidence in your claim.

What If I Was Hit By A Foreign Vehicle?

If you’ve had an accident with a foreign vehicle, you can claim through the MIB’s Green Card System. The green card covers 47 countries in Europe, Asia, and North Africa and serves as proof of the minimum insurance required by the country’s laws. The UK is included in the Green Card Free Circulation Area (GCFCA), which comprises the following countries in addition to the 30 European Economic Area (EEA) nations:

• Switzerland
• Serbia
• Andorra
• Bosnia and Herzegovina
• Montenegro

Meaning, if you were involved in an accident with a foreign vehicle in the UK, you could still claim.

Can I Claim If My Accident Happened Outside The UK?

You may be able to claim for a road accident outside the UK. However, in most cases, you would have to claim within the country of the accident according to local procedures. We understand that this can be complicated, but you should still collect all the evidence and communicate with the party’s insurance company.

Can Road Traffic Accident Claims Be Made On Behalf Of A Loved One?

You can make a road traffic accident claim on behalf of the following individuals by becoming a litigation friend:

• Minors: Since a minor or a child cannot make their own claim, you can claim on their behalf until their 18th birthday.
• Reduced Mental Capacity: If the victim of a car accident has lost their mental capacity due to their injuries from the car accident or did not possess this mental capacity to begin with, you may be able to claim on their behalf. The Mental Capacity Act 2005 will be used as a reference to determine mental incapacity. 

You can apply to become a litigation friend if you are:

• Parent, guardian or any other family member.
• Relative or friend
• Solicitor
• Holder of enduring or lasting power of attorney.
• Independent Mental Capacity Advocate (IMCA)

The court will make the appointment after ascertaining the following:

• You can make a decision fairly and competently on behalf of the victim.
• There is no conflict of interest for you in the case.

Contact us now with any additional questions you may have about road traffic accident claims.