Road Traffic Accident Claims

A motorist owes a “duty of care” to other road users, that is a duty not to hurt other people, whether other drivers, passengers (including passengers in his/her own vehicle), pedestrians, cyclists etc.   

In simple terms, what has to be shown if your claim is to be successful is that  the motorist has been at fault because he or she has failed to drive with reasonable care - for example if your car is hit by a car from behind.

Where the motorist who is at fault is either uninsured or untraced, then a safety net for innocent victims is provided by the Motor Insurers’ Bureau (the MIB), which provides a fund that can be claimed against in these circumstances.

In assessing fault, the content of the Highway Code is a useful tool, and some of the most common aspects of fault in driving relate to speeding, careless overtaking, failing to keep a proper lookout, failing to keep a proper distance from the vehicle in front and taking inadequate care  emerging onto a main road from a side road.