Fatal Road Accidents
If a loved one has had a fatal road accident that was not their fault, you may be able to make a claim on their behalf.
Losing a loved one at any time is traumatic, but when someone you love dies in a fatal road accident that was not their fault, it can feel as if your world has ended too. Not only does suddenly losing a loved one cause emotional distress but an unexpected death can also leave partners and dependents in financial turmoil. With our help, you can focus on dealing with your bereavement. You will be safe in the knowledge that an experienced lawyer is managing your loved one’s estate.
Fatal road accident claims can arise from any incident where it was not the victim’s fault, or where they were only partially to blame. Examples of fatal road traffic accidents include being a driver, passenger or pedestrian. A fatal car accident or fatal motorbike accident are some of the most common kinds of fatal road accident in the UK.
Causes of Fatal Road Accidents
There are many causes of fatal road accident claims. However, at the Compensation Experts we have found that the most common cause of fatal road accidents is from another person’s careless driving. This includes errors, lack of concentration, driving whilst under the influence of drugs or alcohol, speeding, using mobile phones or other technology whilst driving, and not taking care of lights and signs whilst driving.
A fatal car accident or fatal motorcycle accident can also be caused by poor conditions. These include inadequate lighting, large potholes, unclear signs, and other distractions such as smoke from a bonfire in a neighbouring field blowing across the road.
Who can claim for a fatal road accident?
Following a fatal road accidents, dependents of the deceased can make a fatal accident claim. Dependents are:
- Partners that have co-habited for at least 2 years
- Civil partners
- Parents (including stepparents and adoptive parents)
- Children (including stepchildren and adoptive children)
Those who represent the deceased’s estate can also make fatal car accident claims on behalf of the beneficiaries.
What is the time limit to make a fatal road accident claim?
The time limit to making a fatal road accident or fatal car accident claim is three years from the date of death. The legal proceedings must also begin within the three-year period.
Motor Insurers Bureau Claims
If the fatal road accident was caused by an uninsured or untraced driver, you may still be able to make a claim. This claim is from the Motor Insurers Bureau. The Motor Insurers Bureau is an organisation that insurance companies pay into in an accident with these drivers. This would be the case if the driver drove away from a fatal road accident, or if they were uninsured. A fatal car accident must be reported to the police at the time of the accident, or soon afterwards. The Motor Insurers Bureau will then pay the compensation rather than the insurance company.
Where you have been involved in an accident with a driver and intend to make a claim against an uninsured or untraced driver, or an accident in the UK involving a foreign-registered vehicle, or claim involving a vehicle accident abroad (EEA/Green Card System), you are not required to use the services of a claims management company to pursue the claim. It may be possible for you to present the claim yourself directly, for free, with the Motor Insurance Bureau.
What can be included in a fatal road accident claim?
After the sudden and unexpected death of a loved one, not only will you be dealing with significant emotional distress but, you may also worry about practical factors such as funeral expenses, finances, and more. Our solicitors will help you to decipher the law surrounding fatal road accident claims and understand what you can and cannot claim compensation for.
The amount of compensation you can claim for depends on a number of factors. These include the level of financial dependency that the deceased had, the age of the deceased, life circumstances and more.
Possible inclusions in fatal car accidents claims:
- Funeral expenses
- Loss of earnings, cost of care and other reasonable expenses for the deceased, where death is not instant
- Bereavement Award (this can be claimed by the parent or spouse of the deceased under the Fatal Accident Act 1976)
- Compensation for pain and suffering
- Dependency – this will take into account the loss of income from the deceased, employment benefits such as healthcare, and loss of lifestyle contributions e.g. property maintenance, DIY etc.
How We Can Help
Here at The Compensation Experts we work with solicitors who have years of experience dealing with all manner of claims. This includes fatal road accidents. Contact us today by filling in our contact form. Or call us on 01614138765 to speak to one of our friendly knowledgeable agents.