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If you have suffered a personal injury in a road accident whilst a member of the armed forces, you may be able to claim compensation. Contact The Legal Line now on 0800 032 8511 or by completing an online compensation claim enquiry form for specialist claim advice.
UK Military Road Accident Compensation Claims
Overseas Military Road Accident Compensation Claims
Claiming Against the MoD
Military Injury Compensation
Armed Forces Road Accident Claim Advice
It is possible that during your service in the armed forces, you may be involved in a road traffic accident that is not your fault, and could suffer a personal injury as a result.
If this occurs, it may be possible for you to make an accident claim for compensation. The only exception to this would be if the incident occurred during a conflict, whilst in active service, and the accident was as a direct result of the conflict.
Should the accident have occurred as a result of the actions of another British serviceperson, or whilst in the UK, any road traffic accident claim would be carried out in the normal way and should be relatively straightforward.
Obviously, working in the armed forces often involves travel, so it is possible that your accident may have occurred whilst in another country. If this is the case, it does not necessarily mean that an injury claim is not possible, only that it may be a little more complicated. The laws which govern compensation claims vary from country to country, affecting the limitation period and the way in which each case is assessed. Therefore, as with any claim it is important to gather as much information as possible and seek specialist advice from a personal injury solicitor.
If the road accident occurs due to the actions of another British serviceperson however, the claim can usually be dealt with in the normal way and should be relatively straightforward.
In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence. In every case, detailed medical evidence will be required.
If the injury was sustained during active conflict, but not as a result of it, the process may be a little different and you may not be able to claim through the courts in the normal way. In those cases where the incident occurred after 6th April 2005 however, it might be possible to pursue a claim under the no fault Armed Forces Compensation Scheme. Tthere are time limits imposed, making it necessary to act as quickly as possible.
There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things after the accident that you used to be able to do before (eg play sports, look after your garden, DIY etc). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.
The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the accident, so that these can be reclaimed. The aim is to put you back in a position financially as if the accident had never occurred.
The Legal Line has specialist personal injury lawyers with extensive experience in claims against the Ministry of Defence. They will be able to provide expert claim advice on whether a case can be pursued and on how best to do this.