Car Accident Advice

from the Accident Department of Apex Law LLP

Welcome to Car Accident Advice

Car Accident Advice is both a website and blogsite from the RTA Team of the Accident Department at Apex Law LLP based in Bexleyheath, Kent.

Call us on 01322 441442

Whether you are already a client or simply need advice about injuries in the aftermath of a road accident in England and Wales, here’s where you may find the answer.

If you have suffered a genuine injury in a recent road traffic accident and need help. please click here for our New Enquiry Form

This blog is intended to provide information not legal advice - please see the disclaimer page.  No two road accidents are identical and no reliance should be placed on comments in these pages.  We are always happy to assist clients wherever possible.

Accident Department

Apex Law LLP
 
Follow us on Twitter as @CarAccidentAid

Apex Law LLP is a limited liability partnership registered in England under LLP no OC322315; authorised and regulated by the Solicitors Regulation Authority under reg no 446738, with its registered office situated at :-

3. The Pantiles, Bexleyheath, Kent, DA7 5HH

www.apexlaw.co.uk

The LLP Members are Mark Blenkarne (SRA reg. no. 141537) and Maggie Compton (SRA reg. no. 128517)

Tel: +44 (0) 322 441442 Fax: +44 (0) 1322 407625

 

Posted in Client Services and tagged , , , , , , , , | 4 Comments
09 Jan 2013

SMART repairs

Many minor bumps can be rectified by a SMART repairer at much lower cost than in a standard bodyshop.   This is no way a criticism of full bodyshop repairs required after a major accident but if your car needs “ironing” this may be the most cost effective way to proceed.

SMART stands for Small Medium Area Repair Technique.

For more information and details of local SMART repairers, this site is most helpful.

 

Posted in Uncategorized and tagged , , , , | Leave a Comment
07 Jan 2013
1 Comment

Injuries caused by parked cars

Whilst these are rare, there can sometimes be a liability for injury depending on the circumstances.

The most likely occurrence is where an occupant of a parked car opens a door directly into the path of an oncoming cyclist or motorcyclist.

However, there have been instances where cars parked illegally without lights on an unlit road have contributed to injuries suffered by occupants in the a vehicle that collided with the parked one.

If you have suffered a genuine injury in a recent road traffic accident and need help. please click here for our New Enquiry Form

Posted in Bicycle injuries, Parked car accidents, Personal Injury, Uninsured, Whiplash and tagged , , , , , ,
13 Dec 2012

Can a court dismiss both a claim and counterclaim?

In theory yes, although it rarely happens.

Where Court proceedings are issued by one party, his opponent can issue a counterclaim and both sides must prove the negligence of their opponents on the balance of probabilities and if the Court is not satisfied that either has proved the claim, the correct finding is to dismiss both the claim and counterclaim.

This is very beneficial to insurers but it means that neither party will be awarded anything and the accident will be regarded as a fault claim for both drivers

Examples

The most likely scenario is in a traffic light accident where there is no independent witness evidence and both driver assert they went through on a green light.

If neither driver can convince the Court they had the green light in their favour, then a 50/50 decision is unlikely as, unless the lights failed, only one driver can be blameless

However, such a decision is possible in roundabout accidents and head on collisions or indeed any other type of accident where the circumstances are not clear cut and there are no witnesses to assist

The benefit of a 50/50 settlement

Proceeding to a court hearing is always a gamble and sometimes, it can be worth settling on a 50/50 basis (if both parties agree)  to avoid this risk.

If you have suffered a genuine injury in a recent road traffic accident and need help. please click here for our New Enquiry Form

Posted in court proceedings, Split settlements and tagged , , , , , | Leave a Comment
03 Dec 2012

Helping others in ice and snow – but carefully

During the winter season, road conditions will be very icy and there will be a reasonable and laudable temptation to help others in distress.

Yesterday as I walked up our side road, a motorist travelling very slowly skidded and turned broadside. With the help of his passenger and a fellow pedestrian, we managed to get him out of his predicament but in so doing could either have slipped and been crushed by his sliding vehicle or pushed it into a parked car.

Either possibility could have posed some unusual insurance considerations. Who would have been liable?

If I had injured myself or placed myself in danger, then I most probably could not have claimed against the other driver.

Similarly, the owner of the parked vehicle if we had been instrumental in damaging it would have had a claim against the owner of the vehicle we were assisting but theoretically at least his insurers might have sought a contribution from me and the others who assisted.

We were all very careful!

If you have suffered a genuine injury in a recent road traffic accident and need help. please click here for our New Enquiry Form

Posted in Driving tips, Personal Injury, Rear end shunts, Snow & ice and tagged , , , , | Leave a Comment
03 Dec 2012
1 Comment

The importance of witness evidence

In the snowy or icy conditions currently being experienced by much of the UK, collisions happen in a totally different way as even when driving with extreme caution, it is only too easy to lose control.

Vehicle skid into others and at the impact point may even hit another one broadside or have turned 180 degrees.

Even where the circumstances may appear clear cut, it is vital to obtain the names addresses of anyone who actually saw what happened and as many will be pedestrians it is easier to get their details.

Otherwise, a few weeks or months later, the insurers or representives of the vehicle owners will be puzzling over the accident circumstances and a motorist who is not at fault may be unable to prove it.

If you have suffered a genuine injury in a recent road traffic accident and need help. please click here for our New Enquiry Form

Posted in General accident matters and tagged , , , , , ,
19 Nov 2012

Can an insurer pay part of a claim in full then settle 50/50 for other parts?

In short the answer is No. 

If a split settlement is offered, it applies to the whole of a claim so if the insurer offers say 50%, the Claimant would (if accepting) receive only 50% of the value of an injury claim, 50% of any loss of earnings, 50% of repair costs or policy excess or hire etc.

What causes confusion is if an insurer makes a Without Prejudice offer for part of the claim such as hire and the total loss of a vehicle.

This is usually done to reduce future costs but the insurer will generally look for a rebate at a later date when settling the rest of the claim

If you have suffered a genuine injury in a recent road traffic accident and need help. please click here for our New Enquiry Form

Posted in Bicycle injuries, Car Hire, Credit Hire, Split settlements, Whiplash and tagged , , , , , , , , | Leave a Comment
18 Nov 2012

Road Traffic Accidents in snow

It’s snow and ice season and for those not used to driving in snowy conditions, it always worth remembering that your car will have a mind of its own and behave quite differently than you may expect.

Keep a safe distance from other vehicles especially lorries which have tendency to jacknife, brake slowly and try to avoid hills.

If you are a pedestrian, be wary of drivers losing control of their vehicles and if you go to the aid of a drive who has got stuck, make sure you don’t injure yourself in the process or inadvertently push the vehicle you are helping into another vehicle or solid object. You might be held liable!

If you have suffered a genuine injury in a recent road traffic accident and need help. please click here for our New Enquiry Form

Posted in General accident matters, Rear end shunts, Snow & ice, Uncategorized, Whiplash and tagged , , , , , | Leave a Comment
06 Nov 2012

Always open in snow and ice

Because Apex Law LLP is highly internet orientated, all our staff can access our intranet from wherever they happen to be, so whilst we may not physically be in the office during periods of snow and ice, it’s business as usual for us!

If you have suffered a genuine injury in a recent road traffic accident and need help. please click here for our New Enquiry Form

Posted in Client Services, Snow & ice and tagged , , | Leave a Comment
01 Nov 2012
1 Comment

Lack of salt and gritting

As winter approaches, it’s time to revisit a few of the problems which usually occur.

Whilst main roads seem to be fine, those where most people live remain untreated with the result that motorists are have trouble reaching the main roads.

A lot of minor accidents are taking place close to drivers’ homes for that reason.

So, if you need to drive,  take precautions such as :-

Warm clothing, gloves, suitable headwear and footwear

A fully charged mobile phone

A spade

A few biscuits for if you get stuck

…and if you are involved in an accident, take photos of everything you can to assist recovery of your losses.

If you are not yet a client of Apex Law but would like initial free advice on any matter relating to a road traffic accident in the UK, whether relating to an injury or vehicle damage, click here for our New Enquiry Form

Posted in Driving tips, Parked car accidents, Personal Injury, Snow & ice, Whiplash and tagged , , , , , ,
24 Oct 2012

Is a fare paying passenger in a taxi an independent witness?

The answer should normally be YES.

If the taxi driver has picked up a passenger previously unknown to him or her, there is no reason why that person’s evidence should not be regarded as completely independent.

However, if the passenger is injured, the taxi driver in the event of a liability dispute may unwilling to provide witness evidence as the taxi driver may become a potential defendant in any claim brought by the passenger. Thus there would be a conflict of interest.

If you have suffered a genuine injury in a recent road traffic accident and need help. please click here for our New Enquiry Form

Posted in Conflict of interest, Rear end shunts, Taxi accidents, Whiplash and tagged , , , , , , , , | Leave a Comment

Post Navigation

← Older Entries
Follow

Get every new post delivered to your Inbox.