What are the actions I should take in order to claim for accident on motorway if it was caused when I drove over a pothole?
In order to claim for accident on motorway, it must be proven that the accident and subsequent injuries were caused by the negligent actions – or inactions – of a third party. The party most likely to be deemed liable in your claim would be the road authority responsible for maintaining the safe condition of the motorway, and this body would be who you make your claim against.
The entity in charge of the upkeep of the motorway owes any driver who uses the motorway a legal duty of care to make sure that it is maintained properly and kept in a good state of repair, and that spot repairs or resurfacing are made whenever potholes or cracks develop. Please bear in mind, however, that this duty of care is not absolute. This means that if the pothole appeared suddenly, and employees of the motorway authority could not possibly have rectified the problem in a reasonable amount of time, pursuing a motorway crash compensation claim may not be possible.
The most effective way of proving liability for your claim for accident on motorway would be to discuss the circumstances of the accident and your subsequent injuries with an experienced solicitor as soon as possible. For example, your solicitor would be able to access any available CCTV footage that could establish how long the pothole had existed for and the efforts taken by the road entity to eliminate the hazard. If you have not already done so, your solicitor could help with collecting witness details and can guide you in the next steps required in order to successfully recover motorway crash compensation.
In the potential instance that the motorway authority accepts liability and you are directly approached by their insurance company with an early offer of compensation for your motorway accident injuries, you should refer the offer to your solicitor immediately. Although it may seem tempting to accept such an offer in order to avoid any legal action, it should be made known that the insurers may have made the offer in an effort to reduce their costs, and in many cases, little consideration is given to the victim. Please note that should you accept an unsolicited offer of compensation, and it transpires that the amount paid is inadequate in covering your medical needs or supporting your family, you cannot return to ask for more.
Your solicitor will be able to evaluate any offer of compensation for motorway accident injuries and would be able to establish whether or not it is a fair and reasonable representation of your injuries and the impact they have had on your life. A claim for accident on motorway has a much higher opportunity for success when it is thoroughly investigated and professionally prepared by a solicitor with knowledge of all details of your case.