Liability in a three car shunt

16 05 2012

A sandwich type can always be a problem if there is doubt as to whether Car 3 propelled Car 2 into Car 1 or whether Car 2 hit Car 1 first.

The answer usually rests with the driver of or passengers in Car 1.  If they felt one impact then the driver of Car 2 has been pushed into Car 1 by Car 3 so should be able to recover his losses in full.

If two impacts were felt, then usually this is because Car 2 hit Car 1 before the impact from Car 3,

The driver of Car 3 will always be liable for at least the damage to the rear of Car 2 and quite probably for the bulk of any  whiplash  injury caused to its occupants.

This is typical rear shunt scenario.

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





Claim Notification Form Assistance

1 12 2011

WELCOME TO CLAIM NOTIFICATION FORM ASSISTANCE FROM KASLERS SOLICITORS LLP

All  personal injury claims arising out of Road Traffic Accidents in England or Wales which occurred after 29th April 2010 must be notified to insurers using the formal Claim Notification Form or CNF as it is otherwise known.

The process is more fully described in this article.

However before the claim can be submitted, a large amount of detail must be submitted electronically to the insurers of the driver responsible by sending the CNF via the web portal.

The form cannot be submitted and your claim cannot be progressed unless all the relevant formation is available.  For details of the information required, please click here.

If you need help with regard to completing the Claim Notification Form, just complete our short on-line form by clicking here and we will guide you through it.

CLAIM NOTIFICATION FORM ASSISTANCE is part of our Car Accident Advice service.





Tips for Lady Drivers

28 01 2010

I was asked to write a blog on this subject for the excellent Birds On the Blog website,  so with some trepidation, I accepted the challenge.   Much of this article is based on that piece.

In my experience, women seem to have less accidents than men and certainly cause fewer, because they frequently drive slower and take less risks.

The drawback is that as a consequence of that lower involvement, women may have less experience as to what to do when an accident happens.

THERE’S ALWAYS HELP AVAILABLE

 Mobile as a must

Whilst you certainly shouldn’t be using a handheld whist driving, there’s no doubt that a mobile is an absolute essential in a crisis.

Whether you are stranded in a quiet country road and need urgent help or just need to talk to a friendly voice.  If it has a camera, it will enable you to take plenty of photos!

Exchanging information

 Accidents can be very unnerving for anyone and whether you have just rear-ended a trucker the size of a sumo wrestler or he has just ploughed into you, you may want to keep conversation to a minimum! 

 As you are obliged to exchange some information in any event, a printed form with your name, address and insurance details (to keep in your glovebox) can be helpful to hand to him through a slightly open window.

Registration numbers

It’s always a good idea to take a careful note (or better still a photo) of the other driver’s registration number so that your legal or insurance representative can establish the identity of his insurers immediately through the MID.

The benefit of photos

As you will notice, throughout this article, I am suggesting taking photos (albeit discretely).  Nothing is ever clear cut, so photos of the damage on both /all vehicles, their registration numbers, the location, any nearby buildings, and the foliage (which changes rapidly) are of enormous assistance. 

However, if you get out of your car, to take the photos make sure you don’t expose yourself to being run over by another motorist in the process!

Call the police?

Unless you feel there is risk they might prosecute you, you may want to call the police to be on the safe side (and if they arrive take a photo of their registration number.  It may help, when your legal adviser is asking for a copy of any police report).

Witnesses

Even in the most clear cut of accidents, witnesses are essential!  It is always wise to get the names, addresses and telephone numbers of anyone kind enough to stop.  Your representative may never need to involve them but it is far better to have them available in case.

See also WHO CAN BE A WITNESS?

Out of Pocket Expenses

If you have to spend money to sort out the aftermath of a road accident, a great idea is to keep all the receipts in one place and if possible, maintain a spreadsheet of all the costs on your PC which can be updated whenever needed.

Your legal adviser will thank you for it!

DRIVING TIPS

Roundabouts

Lorries and buses need to be given a wide birth as they need more room.  If you don’t and have an accident as a result, you probably won’t win your claim in full.

See also – 50/50 & SPLIT SETTLEMENT CASES

Car parks

Normal rules don’t apply but if there’s an arrow on the lane, best not to go in the opposite direction.! 

Be very wary of vehicles reversing out of a parking space into your path.

..and as my wife always advises me, don’t park next to 4x4s whose large door will dent your pride and joy of a car without leaving a note!

 See also – PARKED CAR ACCIDENTS

IF THE ACCIDENT IS NOT YOUR FAULT

Car Hire

If your vehicle is undriveable after the accident or during the repair period, you should be entitled to another vehicle of the same size as yours, either provided through the other driver’s insurers or through a reputable credit hire company.  Your legal adviser should be able to arrange this.

So if you have five kids and a dog to take to school in the morning, you don’t need to shoehorn everyone into a mini!

Injury

 The key to a complete recovery (where possible) is early medical treatment.  Your legal adviser should discuss this with you in any event and can probably advise how it can be funded at no cost to you – often paid for by the insurers of the other driver.

GET SOME LEGAL HELP

Dealing with the aftermath of an accident, can be a pain in the neck (all too often, literally).  Coping with insurers, repairers, medical advisers can be time frustrating, time consuming and in most non-fault cases, you can let an experienced professional do the job for you.

If you would like to ask a question about a road accident or need legal representation just go to our On-line Enquiry Form.





Rehabilitation – A chiropractor’s view

20 01 2010

Scott Gilchrist of The Back Place  in Tunbridge Wells explains the role of chiropractic treatment following an RTA.

Chiropractors are known for treating health problems relating to muscles, joints and nerves – the so called neuro-muscular-skeletal aspect of pain and dysfunction.

The main types of problem treated by chiropractors are lower back pain, neck pain, shoulder pain and headaches. Many of these problems can affect a person’s ability to sleep, work and perform activities of daily living and thus can have a huge impact on overall health and wellbeing.

After taking a thorough history and undertaking an extensive physical examination of a patient’s problem the chiropractor will provide an explanation of the problem and what progress can be reasonably expected. Chiropractors use a technique called spinal manipulation to restore function to problem areas and this may be augmented with other techniques and exercise advice. Treatment is tailored specifically to an individual’s complaint.

The term “whiplash” is used convey what happens to the body during a road traffic accident. Large and sudden forces are transmitted through and dissipated by the body’s tissues within a fraction of a second. This shock wave results in the “whiplash” injury which may then manifest as any combination of the symptoms outlined below:

neck pain, headaches, jaw pain,lower back pain, dizziness,  vision problems.

The symptoms may start immediately, several hours, days or weeks after the accident and this should be borne in mind. Many tissues and structures in the neck can be injured in whiplash.

It is very helpful for a chiropractor to have as much information about a collision as possible

This will include:-

Was the collision head on or from the side?

The speed and size of impacting vehicle,

Was the patient looking straight forward or was the head turned?

Any awareness that the collision was due to happen?

Were the head restraints in position correctly?

Were seat belts being worn?

There are two distinct phases to treatment – the first is managing the acute phase of pain and dysfunction and then ensuring that the body’s repair and recovery phase occurs optimally. Those that have been involved in collisions must bear in mind that if tissue around the spine has been injured then this takes at least 12 weeks to repair. Indeed this may explain why some symptoms persist for many months following an accident.

The best course of action following a collision is to document some of the information detailed above and keep a pain diary of when and how badly symptoms start to appear. This will be useful when seeing a primary health care practitioner if suffering from a whiplash injury.

Car Accident Advice is most grateful to Scott for his insight.  We cannot give medical advice and Claimants should always speak to their GPs as to the best course of treatment.





Rear end shunts

16 01 2009

The most common type of road traffic accident is the rear end shunt but is Car Two – the driver of the vehicle who collides with the back of the vehicle in front- Car One – always to blame?

Nearly always yes – but there can be exceptions

First to establish that that Car One is wholly or partially to blame, independent witness evidence is almost always vital.

The usual arguments are that Car One has “cut up” Car Two by suddenly changing lanes into his pathor has pulled out of a side road leaving no braking distance.  Photographs of the damage to both vehicles can be helpful to resolve the dispute.

However, if the brake lights on Car One are not working or it has performed an emergency halt at speed for no good reason or the vehicle has been left abandoned at night in a dark unlit road, there may be grounds to hold Car One at least partly to blame.

Reversing accidents

Another common allegation is that the accident was not a rear end shunt at all but that Car One reversed Car Two or rolled backwards into it.  Again independent evidence is usually vital

Three or more vehicles involved

Where a three car shunt, the situation can be more complicated and will depend on the number of impacts felt by the driver of Car One (who normally cannot lose).

If he felt only one impact then Car Three will generally have pushed Car Two into Car One.

However where the driver of  Car One remembers two impacts, then in most cases Car Two hit Car One before Car Three hit Car Two.

The situation become all the more complex if four or more vehicles are involved.

Whiplash

Rear end shunts frequently cause whiplash injuries whereas the occupants of Car Two less frequently suffer from whiplash (unless there is a Car Three involved).

Injured passengers cannot lose on the matter of liability but where it is suggested that the driver of Car Two hit Car One before the impact from Car Three, the passengers in Car Two will a conflict of interest with the driver of Car Two and should be represented by a different solicitor than their driver.

If you would like to ask a question about a Rear End Shunt just go to our On-line Enquiry Form.








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