Even in situations where determining who is responsible for an accident is an easy task, this won't be enough to help a personal injury claim prevail.
A pursuer must demonstrate not only that the other party caused the accident but also that the accident in question directly resulted in their injuries.
The defender's assertion that the collision's force was insufficient to produce any injuries is one potential defence in a traffic accident case. A Low Velocity Impact (LVI) is what is meant by this.
These claims are usually made in situations where there is little to no damage to one or both vehicles involved, or when the accident happened at a slow speed, like between two cars in a car park.
Since it is the pursuer’s responsibility to establish their case, maintaining evidence is essential to a successful claim against an LVI position.
The following should always be kept in mind if you are in a traffic accident (at any speed, but especially if it happens at a slow pace):
- Identify the other participants and any witnesses who could have seen the incident.
- Check to see whether there is any CCTV in the area if the accident happened in a car park or near any stores, and request that the relevant organisation keep it.
- If there is any damage to either of the two vehicles involved, take pictures of it and save them for the duration of any claims; if an LVI allegation is made after your car has been fixed, you will need to have proof of any damage the accident caused.
- Save all repair records and engineer reports.
- Get medical help as quickly as possible if you are injured. Make sure the GP or hospital you visit accurately records all your injuries and the details of the incident.
- If you decide to pursue a personal injury claim, tell your solicitors about any prior injuries, accidents, or medical issues you may have had. Your credibility as a witness will be damaged if you withhold crucial information regarding prior accidents or pre-existing conditions, which could result in the denial of your claim or more serious fraud claims.
It's also important to keep in mind that accusations of LVI sometimes come with accusations of exaggeration or dishonesty, which, if proven accurate, can have very negative repercussions. It is crucial that you save all pertinent documentation if you are hurt in a low-speed collision and that any documentation of the incident, and your injuries is precise and unambiguous.
Getting the appropriate assistance is vital because navigating the LVI issue can be difficult and facing an accusation of dishonesty—whether implicit or explicit—can be painful.
Make sure you instruct solicitors right away if you were injured in a car accident so that you can preserve all the pertinent evidence that will be required to support your claim.
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