Motor Vehicle Accidents

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OCT 10, 2017

Motor Vehicle Accidents – Frequently Asked Questions

We regularly act on behalf of persons injured in road traffic accidents occurring in the Cayman Islands. We have prepared answers to questions frequently asked by our clients to assist you if you are considering bringing a claim. We provide free consultations if you are injured in a Motor Vehicle Accident where we can discuss all aspects of your individual claim and concerns.

Who can bring a claim?

You can claim compensation for motor vehicle accident injuries and associated losses if the accident you were involved in was caused by the fault of another person. You can make a claim if you were injured as a driver, a passenger, a pedestrian or if you were riding a motorbike or a bicycle at the time of the accident.

What should I do after an accident occurs?

At the time of the accident, where possible you should obtain details of any witnesses to the accident and details of the other driver including their insurance and registration details. It may even be helpful to take photographs of the accident location and vehicles involved. From the time of the accident it is important to obtain and keep as much information as possible relating to the accident itself as well as your injuries and any expenses incurred because of the accident.

If the Police attended the accident you are likely to be required to give a statement which can be important in determining liability and even whether any criminal charges are brought against the responsible party.

If you are injured it is important to attend hospital or see your doctor so they may assess the injuries you have suffered and advise on the best treatment to assist your recovery.

It is also important that you advise your own insurer of the accident as soon as possible.

What happens if I am contacted by an insurance company representative after the accident?

It is possible you will be approached by the insurance company of the other driver in circumstances where their driver is felt to be at fault. You can negotiate a settlement directly with them but any such a settlement is likely to be “full and final” and will preclude you from bringing any further claim for loss or injury at a later date.

Often settling your case in the immediate aftermath of the accident can result in under-compensation as the full extent of your injuries or future losses are not known.

We would advise taking professional advice from an Attorney prior to agreeing any settlement to ensure your rights are protected and compensation is fair.

What can you claim for?

When you are involved in an accident there are many different areas you can claim for which may often be overlooked if you do not take legal advice.

These include but are not limited to: -

  • Compensation for Pain, Suffering and Loss of Amenity
  • Loss of earnings
  • Vehicle damage
  • Costs of alternative transport if your vehicle is off the road
  • Medical treatment costs
  • Medication costs
  • Care received from family and friends
  • Professional care costs
  • Travel Expenses
  • Loss of enjoyment of your vacation.

How much compensation will you receive for your injuries?

Compensation is dependent on the nature of the injuries you suffer and how long it takes you to make a recovery from them. Once we have an idea of your injuries we would be happy to give you an idea of the level of compensation you can expect.

What is the time limit for bringing a claim?

You have three years from the date of the accident to bring your claim for Personal Injury. It is always best to take legal advice as soon as possible.

How are legal costs dealt with in the Cayman Islands?

Attorneys in the Cayman Islands are not entitled to take a percentage of your damages in a “no-win no-fee” arrangement.

We offer a free consultation to all persons involved in a road traffic accident and during that consultation we will discuss with you the permissible costs arrangements to instruct us to take your case. In addition, some persons may be eligible for legal aid to pursue their claim.

KSG Attorneys

Our Personal Injury team have a wealth of experience in dealing with motor vehicle accidents. We have an outstanding reputation in this field and our experienced attorneys can assist and advise clients on all aspects of pursuing a claim and maximizing compensation.

Through our Attorneys we have connections with a network of Doctors in both the Cayman Islands and abroad who we believe are best positioned to provide medical reports that will comprehensively deal with your claim.

We deal with claims where damages have been awarded for in excess of KYD$1M and with minor cases where compensation may be in the region of a few thousand dollars for our Clients. If you would like to arrange a free consultation, please contact our Personal injury Partner, Kim Grandage.

Disclaimer: This article and the material on this website was prepared for general information purposes only to provide an overview of the subject matter, and is subject to change without notice. It is not a substitute for legal advice nor is it legal opinion and should not be taken as such. If you require legal advice, please contact us and arrange a consultation.