Can I claim if my accident was caused by an object being left on the road?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Can I claim if my accident was caused by an object being left on the road?

    There is nothing quite like the feeling of riding your motorbike on a long road with little traffic around you to worry about. Of course you should always take due care and attention, but sometimes an accident can occur even when you are properly focused on the road ahead.

    What happens if I hit an objects on the road?

    One example is the chance you may hit something that has been left in the middle of the road. As soon as your front tyre hits it, your bike could spin out of control and cause you to have an accident. What are your rights in a position like this, where you are the only person involved?

    Examples of objects that may end up on the road

    The fact is, foreign objects can be left in the road or fall into the road as the result of the actions of another person. For example, the council might repair a piece of road and then accidentally leave something behind. Another car driver might lose a loose piece of their bumper and leave it in the road instead of picking it up. Oil can also be deemed to be an object on the highway, because it has been left by another vehicle. A good example of this is where an accident has taken place and the oil spilled has not been cleaned up. If your motorbike hits this patch of oil, it could cause you to have an accident.

    Claiming compensation for an accident caused by something lying on the road

    The most important thing to do is to get evidence of the accident scene, ideally through photos of the scene after it happens. Visit a doctor to record your injuries and get appropriate treatment as soon as possible. Finally, consult an expert solicitor to receive advice on the situation.

    The Motor Insurers’ Bureau (MIB) can help compensate you in the instance of an accident such as this, where the offending party cannot be traced. As you can imagine, often there is no way of finding out which car or person left the offending item on the road, so the MIB is your best bet for obtaining compensation to cover your injuries and damages.

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