Can I bring a claim if I was speeding when knocked off?
06 August 2010 16:16
Even if you were speeding when you are involved in an accident, you can still make a claim.
Robert Allen from Maidstone was in a nasty crash a few years ago along a country road, when he collided with a car pulling out of a junction on his left.
"I have to admit I was speeding and ended up with multiple fractures for my sins, as well as receiving a heavy fine and six months disqualification. I am now wondering if I can bring a claim against the other driver because if he hadn't have pulled out, this would not have happened."
Each case does of course depend on its own facts. Fundamentally, if he can prove that he was there to be seen on approach to the junction by the other driver, he would on the face of it have a case against the other driver in negligence.
We would recommend he take some photos of the scene to establish how far up the road he was visible. The fact that he was prosecuted for motoring offence(s) doesn't automatically prevent him from bringing a claim.
However, if the court thinks his speed contributed to the accident, his compensation will be reduced accordingly to reflect that. By how much will depend on the speed he was travelling and how much or little time he and other party had to react.
If the accident occurred two years ago we would advise him to bring a claim as soon as possible as you only have three years to bring a claim against another party in such circumstances.