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advice on claim after traffic accident

button_moon Avatar
7y, 4m agoPosted 7 years, 4 months ago
if anyone can offer any genuine advice on what to do and how to go about this id be gratefull .
on tuesday after doing some shopping at asda, I got in a black cab to go home .. the cab had only traveled a few feet when the driver slammed on his brake as an emergency stop to avoid hitting a small child who had ran out in to the road ..
i flew forward slamming my face in to the barrier between the passengers and driver
causing , a smashed nose ( i need reconstrctive surgery ) whip lash, black eyes
a badly sprained wrist, and one of my front teeth came out another was smashed and various cuts bruises ect
mt other half says i should claim for expenses loss of his earnings ( he's had to take time off work to look after me )
i dont realy want to become part of compnsation nation but we really cant afford to be out of pocket at the moment .. all because one stupid woman would rather natter than look after her child ! there are witnesses and the olice were called and i was seen by paramedics at the scean and then taken to hospital
the driver had driven off while i was still getting seated ,,, i have ms , i hadnt even properly sat down to put a seat belt on when the cabbie drove off
anyhoo im after any advice on how to go about making a claim
button_moon Avatar
7y, 4m agoPosted 7 years, 4 months ago
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#1
Were you not wearing the legally required seatbelt ?
#2
And all this whilst wearing a seatbelt?
#3
Surely loss of earnings least of your worries - you said you need surgery and dental work too. Call a PI solicitor and speak to them
#4
choc1969
Were you not wearing the legally required seatbelt ?


the driver had driven off while i was still getting seated ,,, i have ms , i hadnt even properly sat down to put a seat belt on when the cabbie drove off
#5
button_moon;5768658
the driver had driven off while i was still getting seated ,,, i have ms , i hadnt even properly sat down to put a seat belt on when the cabbie drove off


contact the local council who would have given the cabbie his/her license, then get a solicitor as this now implies dangerous driving :thumbsup:
#6
I would have thought that you need to claim off the cab company. They in turn will claim off the pedestrian, but as stated before, go see a claim company.
#7
button_moon;5768658
the driver had driven off while i was still getting seated ,,, i have ms , i hadnt even properly sat down to put a seat belt on when the cabbie drove off

Even still, you should have said 'I don't have my seatbelt on' and made him wait whilst you did.
He was performing a legal manouvre to do an emergency stop to avoid hitting a person.
Unfortunately I see he was in the wrong to drive off, but you're also in the wrong for not telling him to wait a moment.
If the police saw you without it on you'd have been fined, not him.

I don't think you're likely to be entitled to much, if anything at all.

Good luck though..
#8
t0mm
Even still, you should have said 'I don't have my seatbelt on' and made him wait whilst you did.
He was performing a legal manouvre to do an emergency stop to avoid hitting a person.
Unfortunately I see he was in the wrong to drive off, but you're also in the wrong for not telling him to wait a moment.
If the police saw you without it on you'd have been fined, not him.

I don't think you're likely to be entitled to much, if anything at all.

Good luck though..


i dint have time to say anything it all happened so fast as i said the cab had only traveled a few feet
#9
If he only went a few feet but your baddly hurt...how did he manage to get so fast?

Anyway, why not contact a solicitor and see what they say. They will have the best idea. Hope you're on the mend soon.
#10
t0mm
Even still, you should have said 'I don't have my seatbelt on' and made him wait whilst you did.
He was performing a legal manouvre to do an emergency stop to avoid hitting a person.
Unfortunately I see he was in the wrong to drive off, but you're also in the wrong for not telling him to wait a moment.
If the police saw you without it on you'd have been fined, not him.

I don't think you're likely to be entitled to much, if anything at all.

Good luck though..


Not entirely true.

The cabbie can get a fine for not ensuring his passengers are wearing a seatbelt as well.

I'm not a fan of folk suing all the time, but a decent lawyer would have the cabbie for breakfast on this one, then have a 4 course lunch.
#11
drivers responsibility to ensure passengers are wearing seatbelt, they should not have moved vehicle until they were sure you had belted up.
#12
bellabonkers
If he only went a few feet but your baddly hurt...how did he manage to get so fast?

Anyway, why not contact a solicitor and see what they say. They will have the best idea. Hope you're on the mend soon.


I don't think you'd need to be going too quick to cause a lot of injury to a passenger who wasn't restrained and didn't realise it was going to happen - falling forward like that after an emergency stop could cause a lot of damage.
#13
:? Sorry mate, please dont get me wrong ......but this sounds quite an incident...... Remember
you were in a Asda Car Park.

There is a 5 mph speeding limit in a car park anyway, even if we exaggerate the speeds to 15
mph which is twice more than the normal speed, this impact is very strange to me.


Without any disrespect If I were you, I would not be posting it out on public forums like this to take advice. as companies do seek information from a million and one sources these days.

In theory its a simple car insurance claim, if he was a decent cabbie and has given you his insurance details, then you can put in a claim against his imsurance and see if the company would offer you anything with making a big fuss, but to me your accident circumstances look very strange.

I hope you get well soon and good luck with claim.
#14
I have driven a black cab in the past and there are signs in the back instructing you to put on a seatbelt. Unless he had the accident as soon as you got in I would say its your fault for not putting it on. He will be able to prove how far he had driven from the time he picked you up till the accident from from his meter. If you can prove that you didnt have enough time to put on your seatbelt from the time you got in until the accident then you might have a case, but again the onus is put on the passenger putting their belt on rather than the driver instructing you to do so, unless the passenger is a child.
#15
treble99
I have driven a black cab in the past and there are signs in the back instructing you to put on a seatbelt. Unless he had the accident as soon as you got in I would say its your fault for not putting it on. He will be able to prove how far he had driven from the time he picked you up till the accident from from his meter. If you can prove that you didnt have enough time to put on your seatbelt from the time you got in until the accident then you might have a case, but again the onus is put on the passenger putting their belt on rather than the driver instructing you to do so, unless the passenger is a child.


In fairness though if they have got ms it could have taken longer to get the seat belt on.
If i were you op I'd try and find someone who specialises in this sort of thing and see what they say. Good luck.
#16
treble99
I have driven a black cab in the past and there are signs in the back instructing you to put on a seatbelt. Unless he had the accident as soon as you got in I would say its your fault for not putting it on. He will be able to prove how far he had driven from the time he picked you up till the accident from from his meter. If you can prove that you didnt have enough time to put on your seatbelt from the time you got in until the accident then you might have a case, but again the onus is put on the passenger putting their belt on rather than the driver instructing you to do so, unless the passenger is a child.


Apart from this - taken from the Health and Safety at Work etc Act 1974 Section 3:

The purposes of HSWA include protecting people other than those at work from risks to their health and safety arising out of or in connection with the activities of persons at work (s.1(1)(b) HSWA). Risks include those attributable to 'the manner of conducting an undertaking' (s.1(3) HSWA).
#17
look for a no win no fee company..they are generally good.
#18
I think you do really need expert legal advice. Of course you claim on the cabbies insurance.
You claim for all your injury, your partners loss of earnings and it is relevant that you have ms. The shock can't have helped the ms! Sounds like the cabbie was in a hurry.:x
#19
I didnt mean to seem harsh to the op and I hope she gets well soon, but I favour towards the side of the driver. The reason why there is a sign in the back instructing people to wear a seatbelt is for the passengers safety as well as being a legal requirement to wear a seatbelt.
If a seatbelt is provided then it is the passengers responsibility to wear it especially if instructed to do so by a sign. The sign in effect saves the driver having to verbally ask everyone who gets in and fulfills his health and safety obligation on that matter.
If a shop cleaner has mopped the floor the wet floor sign indicates that the floor is wet rather than the cleaner stand there and verbally tell everyone who walks past that the fllor is wet, same with a "please put your seatbelt" sign in the back of a black cab. Same with no smoking signs.
I personally would ask people to always put the seatbelt on before setting off but thats just me.

OP did you get in the cab from a taxi rank or did you flag it down in the street? Am I right in thinking that the case you are trying to put across is that he didnt give you enough time to put on your belt from the point of you getting in and having the accident?

Apology to the OP, I didnt read the bit about you having MS.
#20
I was under the impression it was the drivers responsibility but according to this apparently not:
Adults
Drivers and adult front seat passengers in cars must wear a seat belt, unless they have a medical exemption certificate. Adults travelling in the rear of a car must also use seat belts, if they are fitted. It is the responsibility of the adult passenger (not the driver) to ensure that they are using the seat belt.
http://www.rospa.com/RoadSafety/advice/motorvehicles/seatbelt_law.htm
#21
Rarely, reconstructive operation is required so soon after the accident?
COuld this procedure be manipulation under anaesthesia of frature nose?
As far as I know, it is passenger responsbility to wear seatbelt if the passenger is over 16 year old.
#22
If the driver set off without checking his passenger was properly seated (which is how it looks to me) then its irrelevant whose responsibility it is to put beltson.
Ms can make it difficult to fasten seat belts. The driver needs to be aware of wether his passenger is ready before he sets off. Also, everyone knows small children run out in car parks, wether or not they should! He was in a hurry
#23
For all the good advice you really need to get hold of a personal accident specialist, loads advertised all will work for free. Other peoples opinions should not prevent you from asking legal advice...
#24
treble99

If a seatbelt is provided then it is the passengers responsibility to wear it especially if instructed to do so by a sign. The sign in effect saves the driver having to verbally ask everyone who gets in and fulfills his health and safety obligation on that matter.
If a shop cleaner has mopped the floor the wet floor sign indicates that the floor is wet rather than the cleaner stand there and verbally tell everyone who walks past that the fllor is wet, same with a "please put your seatbelt" sign in the back of a black cab. Same with no smoking signs.


I think you'll find that in my experience (I enforce Health & Safety) simply providing a sign doesn't not absolve the driver of all responsibility regards the wearing of a seatbelt - nor the person cleaning the floors.

I've seen countless employers being prosecuted regardless of signage being present, because they haven't 'taken all steps reasonably practicable' to ensure the health and safety of those connected to their work activities.
#25
tonyd19565
I was under the impression it was the drivers responsibility but according to this apparently not:
Adults
Drivers and adult front seat passengers in cars must wear a seat belt, unless they have a medical exemption certificate. Adults travelling in the rear of a car must also use seat belts, if they are fitted. It is the responsibility of the adult passenger (not the driver) to ensure that they are using the seat belt.
http://www.rospa.com/RoadSafety/advice/motorvehicles/seatbelt_law.htm


It's different here because the driver was undertaking his job, therefore the HSWA 1974 applies.
#26
moob
I think you'll find that in my experience (I enforce Health & Safety) simply providing a sign doesn't not absolve the driver of all responsibility regards the wearing of a seatbelt - nor the person cleaning the floors.

I've seen countless employers being prosecuted regardless of signage being present, because they haven't 'taken all steps reasonably practicable' to ensure the health and safety of those connected to their work activities.


Fair enough not trying to arue with you :)
Im sure you'll join in me wishing the OP a speedy recovery and a positive outcome :)
#27
treble99
Fair enough not trying to arue with you :)
Im sure you'll join in me wishing the OP a speedy recovery and a positive outcome :)


Indeed. Sounds quite nasty.
#28
If you do proceed with a claim, I just wanted to let you know to be prepared to be in it for the long haul. Especially if whiplash is involved. Solicitors seem to keep waiting for benchmark points to pass 'let's see how you are in 6 months, let's see how you are in a year, etc'
It's been over 2 and a half years since my crash and the claim is still going (as is the pain!)
Good luck.
#29
keluar
Rarely, reconstructive operation is required so soon after the accident?
COuld this procedure be manipulation under anaesthesia of frature nose?
As far as I know, it is passenger responsbility to wear seatbelt if the passenger is over 16 year old.


after being examined by a specialist ent doctor at the hospital following x rays . my nose is so badly smashed it will need to be reconstrcted ,
as for the seatbelt issue .. id barley sat down when the driver took off .. having ms and arthritis getting up and down is an issue ,as is actually manipulating the seat belt ., the driver would have seen me struggling to sit i had enough problems getting in the cab on my own ,., ( i usually go shopping with company )
let alone getting seated and belted .. .. this wasnt in the car park but on the access road at a cab rank ,,.. the accident happened about 30 ft later literally ... the polce officer who came out to the scean even said the driver shouldnt have driven off .the police officer also knows i wasnt wearing a seat belt and said that i was not at fault after talking to witnesses at the rank and others
#30
blimey your face is that bad but they let you out of hospital already - i think id sue the hospital for letting me out so quickly and not fixing my face first
#31
button_moon
after being examined by a specialist ent doctor at the hospital following x rays . my nose is so badly smashed it will need to be reconstrcted ,
as for the seatbelt issue .. id barley sat down when the driver took off .. having ms and arthritis getting up and down is an issue ,as is actually manipulating the seat belt ., the driver would have seen me struggling to sit i had enough problems getting in the cab on my own ,., ( i usually go shopping with company )
let alone getting seated and belted .. .. this wasnt in the car park but on the access road at a cab rank ,,.. the accident happened about 30 ft later literally ... the polce officer who came out to the scean even said the driver shouldnt have driven off .the police officer also knows i wasnt wearing a seat belt and said that i was not at fault after talking to witnesses at the rank and others


Hope you get a really good solicitor. Sounds like an absolute nightmare you are going through through no fault of your own!
You deserve every penny compensation you can get! Thankfully you have excellent witnesses.

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