I have been told that it is difficult for the driver of an All Terrain Vehicle to claim ATV accident compensation. Is this correct?
The process of claiming ATV accident compensation is the same as any vehicle accident claim, and the same qualification criteria apply. If you were injured in an ATV accident which was not primarily your fault and you sustained an injury that was severe enough to have warranted seeking medical treatment, you will be entitled to claim compensation provided the accident resulted from the negligence of a third party.
What can make claims for compensation for an ATV accident complicated is when a driver of an ATV played a role in the cause of the accident. All Terrain Vehicles are frequently used on rough and uneven ground, which makes accidents more likely to occur. While ATV vehicles can be driven safely by an experienced driver, inexperience plays a part in many ATV accidents and, on highly uneven terrain, even a small error of judgement can easily cause an accident.
Insurance companies are aware of the lack of safety features in these vehicles and the fact that driver inexperience is often a major factor in the cause of ATV accidents. An insurance company will almost certainly deny full liability for an accident, unless there is a substantial body of evidence to prove that the driver of the ATV played no role in the cause of the accident.
You should not be discouraged from making a claim for ATV accident compensation, even if you played a part in the cause of the accident. However, because the issue of contributory negligence of the plaintiff can make claims complicated, and insurance companies often contest ATV accident claims, it is strong recommended that you seek legal advice about your case to find out if you are entitled to claim injury compensation for an ATV accident under the circumstances.
It is your responsibility to prove that a third party was responsible for your accident; be that the driver of another vehicle, a pedestrian, the manufacturer of the ATV, a mechanic for failing to conduct repairs to an appropriate standard or an employer for supplying a defective vehicle.
Proof of injuries must also be supplied with a claim; so it is essential that medical attention is sought for your injuries. It is also important your ATV accident is reported to the Gardai (if it occurred on the road) or to your employer if it occurred on work premises. There must be some documentation – be it an employer’s accident book report or police accident report which can be submitted with a claim as proof of the accident.
If you allow a personal injury solicitor to prepare your claim and to pursue compensation for an ATV accident on your behalf, evidence of third party negligence will be collected for you and all the necessary documentation to support your case will be obtained by your solicitor. This will help to ensure that your claim for injury compensation for an ATV accident will not only stand a good probability of being successful, but it will also maximise the likelihood of being able to recover your full entitlement to compensation for your injuries.