THE AFTERMATH OF ROAD ACCIDENTS. CHAPTER 11: THE NATURAL HISTORY OF CLAIMS FOR COMPENSATION AFTER AN ACCIDENT

Under English law, victims negligently injured in an accident can in principle claim compensation from the 'person at fault' under the tort system of compensation. About a third of all people seriously injured in road accidents in England embark on a compensation claim. This chapter describes the legal process for pursuing such a claim. It draws on a large survey of accident survivors, conducted by the Centre for Socio-Legal Studies in the 1970s, and a prospective study of road accident survivors in the 1990s. Unfortunately, there is a large gap between the principles underlying the tort system and how it actually works in practice. This system is widely acknowledged to be inefficient, costly, and something of a lottery; it has been estimated that it spends as much money on legal expenses as on payments to victims. The chapter considers: (1) factors that lead an accident victim to pursue a claim; (2) beliefs about fault and who should compensate; (3) the costs of blaming and claiming; (4) the reasons for uncertainties and delays in the claiming process; and (5) the role of compensation in meeting the needs of those injured in accidents. Although most people who embark on a claim eventually obtain some compensation, many social, psychological, and financial costs are likely to have been met while pursuing it. For the covering abstract, see IRRD 893642.