Advice On Making A Mobility Scooter Accident Claim
By Danielle Nicholson. Last Updated 30th August 2023. Have you suffered due to a mobility scooter injury? If you have been involved in any type of accident with a mobility scooter, then you may be entitled to compensation. Throughout this guide, we are going to address scooter accident claims in greater length.
There are many different ways that mobility scooter accidents can happen. This includes injuries that have occurred to the driver because of a manufacturing fault with the scooter. It also includes damages that have occurred to pedestrians because the mobility scooter driver has been careless. No matter what has occurred, this guide will give you all of the information you need in order to make a strong case and get the compensation that you deserve.
Continue reading to learn more about claiming for a mobility scooter accident. This guide will also answer questions such as, “what happens if you crash a mobility scooter?” If you prefer, you can receive free legal advice by calling us on 0800 073 8804. Our advisors can answer any questions or queries you can have. You can also contact us online or write to us using the Live Chat window.
Select A Section
- What Rules Are There For Mobility Scooters?
- I Was Injured By A Faulty Mobility Scooter – Can I Claim
- I Was Hit By A Mobility Scooter And Injured – Can I Make A Claim?
- Top Tips For Proving Mobility Scooter Accident Claims
- Time Restrictions For Mobility Scooter Injury Claims
- Potential Payouts In A Mobility Scooter Accident Claim
- Mobility Scooter Accident Claims With A No Win No Fee Solicitor
There are a number of different rules in place regarding mobility scooters and their use. You can only use a powered wheelchair or a mobility scooter if the following applies:
- You are taking the vehicle to or from repair or maintenance.
- You are training as a disabled user.
- You are demonstrating the vehicle before it is sold.
- You have trouble walking because of a medical condition, physical disability, or injury.
For class 3 invalid carriages, several requirements need to be met. These scooters must have all of the following features:
- An amber flashing light if it is utilised on a dual carriageway
- A rear-view mirror
- An audible horn
- Direction indicators that can also operate as a hazard warning signal
- Rear and front reflectors and lights
- An efficient braking system
- A maximum speed of 8 mph
- A device to limit its speed to 4 mph
- A maximum width of 0.85 meters
- A maximum unladen weight of 150 kg
If you have a mobility scooter and you do not meet these requirements, you may be stopped by the police. What’s more, if you cause an accident while operating your mobility scooter under these conditions, you could become liable for scooter accident compensation.
Eyesight requirements are often debated with regards to mobility scooter use. While there is no specific legal requirement in place, you should be able to read the registration plate of a vehicle from 12.3 metres away. It is up to you to check that you can do this on a regular basis. If your poor eyesight is to blame for an accident, you will need to pay compensation.
All designers and manufacturers have a duty to their customers. They should not release anything on the market unless it is safe for use.
All products, including mobility scooters, undergo rigorous testing to ensure that this is the case. Nevertheless, there are cases whereby certain products slip through the wire. If your mobility scooter was faulty and this has caused an accident, you can make a claim. You should call up the manufacturer to make a formal complaint so that there is a record of the problem. It is also a good idea to take a photo of the scooter if the damage is visible, as this can help to strengthen your case.
It’s important to gather evidence as quickly as possible after the accident has taken place. Evidence can help demonstrate who was at fault for the mobility scooter accident. To receive compensation, you will need to prove that another third party, such as the scooter manufacturer, was liable for the accident.
Yes, if you have sustained a mobility scooter injury because someone has hit you, you could have grounds to make a scooter accident claim. Providing that the accident was the driver’s fault and not your own, you could be able to hold them liable.
There are many different ways that the driver could be to blame for the injury you have sustained. This includes sheer carelessness, driving too fast, and driving with bad eyesight.
To make a successful claim, you’ll need to prove that the mobility scooter accident that resulted in your injuries was caused by negligence. This factors into knowing how to claim for a mobility scooter accident.
Establishing negligence means gathering evidence to support your claim. Quality evidence is a very important part of making a claim. Mobility scooter accidents can occur in a number of ways. Therefore, the act of gathering proof is for the purpose of making it as clear as possible whose negligence caused your injuries.
To illustrate, we have laid out some examples below of evidence that you could gather. If you have any questions or want more examples of proof that could help you, get in touch with our advisors.
- Visual evidence – Photographs and CCTV footage can be a vital resource when it comes to establishing negligence. Additionally, photographs of your injuries and the damage done to your scooter can assist those valuing your claim.
- Witness contact details – Those who saw what happened can submit a written statement. Our lawyers can help assist you with gathering these statements, as well as other evidence. So, if you choose to enlist our services, you’ll be in good hands.
- Medical records – Information such as the date of your treatment and the severity of your injuries will be recorded. Additionally, any treatment you received will also feature. This can help when calculating how much your injuries are worth.
However, this list is not exhaustive. There may be other forms of evidence that could support your claim. If you hire a solicitor from Legal Expert, they can use their knowledge and experience to advise you on what evidence will work best for your specific case. To potentially be connected with a lawyer, get in touch with our advisors today.
Many people make the mistake of assuming that they have all of the time in the world to launch mobility scooter injury claims. This is not the case. There is a time limit set by the Limitation Act 1980, and this time limit is usually three years from the accident date. You should not wait until the last moment to proceed either, as court proceedings need to be issued within this time frame.
There are some exceptions to the rule if there are exceptional circumstances, so it is worth contacting us for more information if you have already passed the three-year time frame. We will do everything we can to try and launch scooter accident claims.
Every claim is assessed according to the unique circumstances. This is why we cannot provide the typical payouts for personal injury. For an estimation of your claim value, you could use our compensation claim calculator, though this may not take every aspect of your claim into account. This section addresses how legal professionals will value your claim.
In a successful claim, you will claim general damages. This is compensation for your pain and suffering. We have provided examples of this from the Judicial College Guidelines (JCG). This document is used by legal professionals to help value injuries for claims, however, the amounts shown are not guaranteed.
|Very severe foot injuries||Permanent disability of a serious nature or severe pain that is also permanent from foot injuries.||£83,960 to £109,650|
|Severe back injuries (iii)||Chronic conditions with severe pain, discomfort and impairments from disc lesions, fractures or soft tissue injuries.||£38,780 to £69,730|
|Permanent and substantial disability from arm injuries||A significant functional or cosmetic disability from serious forearm fractures that may have occurred in one or both arms.||£39,170 to £59,860|
|Severe leg injuries - moderate (iv)||There maybe some degenerative changes, imperfect union, muscle wasting and scarring from complicated or multiple fractures. This bracket also includes severe crushings.||£27,760 to £39,200|
|Moderate hip and pelvis injuries (i)||Significant injury to the hips and pelvis causing a non-major permanent disability with little future risk.||£26,590 to £39,170|
|Moderate neck injury (i)||Immediate symptoms from fractures and dislocations.||£24,990 to £38,490|
|Face (b)||Permanent disfigurement from multiple facial bone fractures.||£14,900 to £23,950|
|Serious shoulder injuries (b)||Restricted shoulder movement, pain and sensory problems from a shoulder dislocation along with lower brachial plexus damage.||£12,770 to £19,200|
|Minor brain injury||Minimal brain damage following a head injury.||£2,210 to £12,770|
|Moderate or minor elbow injuries||Simple fractures, lacerations and tennis elbow with no permanent impairments.||Up to £12,590|
|Traumatic injury to the digestive system||Wounds, lacerations and pressure injuries.||£6,610 to £12,590|
In addition to your general damages, your claim may also include special damages. You could recover any financial losses you incurred due to your injuries if you can supply evidence. For example, to claim back lost earnings if your injuries caused you to miss work, you could submit your wage slips. You could also recover money spent on medical expenses if you had the relevant receipts.
Call our advisors for a free claim valuation and initial consultation.
If you are eligible to seek compensation for injuries you suffered in a mobility scooter crash, you may like to instruct a solicitor to work on your claim. One of our personal injury solicitors could support your case. Typically, they provide their services under the terms of a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
If your personal injury solicitor works with you under this type of agreement, they generally don’t expect an upfront payment for their services. There also aren’t ongoing fees. You also won’t be expected to make a payment for their services if you’re not awarded compensation following an unsuccessful claim.
However, if the outcome of your claim is successful, your solicitor will deduct a success fee from your award. This amount is a percentage that is legally limited.
If you have any questions about mobility scooter accidents, please contact one of our advisors. They’re available 24/7 with free advice. Additionally, they can assess your claim and if it is eligible, you could be passed onto one of our solicitors.
To speak to an advisor:
We hope you have found this guide about claiming for a mobility scooter crash useful. However, if you have further questions, you may find more useful information in the links below.
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