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Accidents & Injury
Your questions answered
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My insurance company is going to make a payout for injuries I've suffered, but I wanted to claim damages from the person who caused them. Can I still claim?

One of my neighbours witnessed my accident, but they refuse to give evidence in court. Can anything be done?

What does ‘personal injury’ mean?
I’m claiming for an injury and the other side is claiming ‘contributory negligence’. What does this mean?
How long do I have to make my claim?
I was in a car accident with an uninsured driver. Is there any way I can still make a claim?
For simplicity we use the words ‘he’ and ‘his’, but most answers apply equally to men and women and this is in no way meant to offend.
 
 
 
Q:

One of my neighbours witnessed my accident, but they refuse to give evidence in court. Can anything be done?

A: If it's appropriate, the court could order them to give evidence by issuing a 'witness summons' - you may have heard it called a 'subpoena'. You should ask the court to issue the summons, and if your neighbour still refuses to help, they could be fined or even imprisoned for contempt of court.
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Q: What does ‘personal injury’ mean?
A: This covers all the situations where a person tries to get compensation from someone else who has caused him bodily injury. The injury can be physical or mental, and if the person dies, a claim can sometimes be made on his behalf.
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Q: I’m claiming for an injury and the other side is claiming ‘contributory negligence’. What does this mean?
A: They are claiming that by your actions, you were partly to blame for your injuries. If the court finds that you were, any damages you get will be lowered to show that you were partly responsible.
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Q: How long do I have to make my claim?
A: If you are claiming damages for personal injury, you usually have three years to make your claim. This time starts to run either from the date of your injury, or from the date you realise you have that injury. You might think that these would always be the same date, but if, for example, you were claiming damages for an illness from contaminated water, you might not become ill until years later.
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Q: I was in a car accident with an uninsured driver. Is there any way I can still make a claim?
A: Yes you can. The Motor Insurers Bureau is an organisation set up by insurance companies and the Government to compensate people who have been injured by uninsured drivers. Visit their website for more information:
http://www.mib.org.uk
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Q: My insurance company is going to make a payout for injuries I've suffered, but I wanted to claim damages from the person who caused them. Can I still claim?
A: Yes you can. The courts ignore insurance payouts, and just look at the liability between you and the person who injured you. You may have to repay your insurance company for any payouts made eventually though.
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