No Win, No FeeIf you have suffered injuries in a road traffic accident (RTA) because of someone else’s negligence, whether you were driving, a passenger, pedestrian or something else, you may be entitled to make a road traffic accident claim for compensation.
Our road accident claims team can help if you decide to take action. When you get in touch, your case will be reviewed by a specialist for free. You’ll be offered legal advice about your chances of being compensated. If your RTA compensation claim is strong enough, we could pass it to one of our No Win, No Fee personal injury solicitors. If they accept you as a client, you won’t need to pay them for their work unless you are compensated. As there are no upfront solicitors’ fees to pay, they can begin working for you right away.
To discuss your road traffic accident claim with us, call 0800 652 1345. Alternatively, please read on to learn more about how the claims process works.
Am I Entitled to Compensation for a Road Traffic Accident?
In all personal injury claims, the first thing that generally needs to be established is that the party you’re claiming against owed you a duty of care. For RTA claims, this is usually straightforward because all road users must try to keep each other safe by driving appropriately, by following the Highway Code, for example. The Road Traffic Act 1988 establishes this duty of care. If you ask one of our lawyers to accept your case, they’ll also check whether:
- The defendant’s negligence meant they breached their duty of care and caused a road traffic accident; and
- Your injuries were sustained during the accident.
Several forms of evidence could be used to support road traffic accident claims, so we’ll look at these later in this article.
Common Examples of Road Traffic Accident Claims
A road traffic accident claim typically arises when someone is injured due to the negligence of a motorist. Some of the most common types of road traffic-related accidents include:
- Rear-end collisions: Often caused by tailgating or failing to brake in time, leading to whiplash and back injuries.
- Head-on collisions: Serious crashes that can occur when a driver misjudges overtaking another vehicle, often resulting in severe injuries.
- Side-impact accidents: Sometimes known as “T-bone” collisions, these happen at junctions when one vehicle fails to give way.
- Pedestrian accidents: Injuries to pedestrians when drivers fail to notice them at crossings, traffic lights, or in residential areas.
- Cyclist and motorbike accidents: Vulnerable cyclists and motorbike couriers injured due to drivers not checking mirrors or blind spots.
- Roundabout and junction crashes: Caused by failing to yield at a junction or misjudging another vehicle’s speed or position at a roundabout.
- Multi-vehicle pile-ups: Common on motorways or in poor weather, often leading to claims involving several parties.
If you believe you are entitled to compensation following an RTA, call today to review your options.
What Types of Road Accident Injuries Can I Claim For?
There are many ways you could be injured in a road traffic accident, far too many to list here. So, if your specific injury isn’t mentioned below, don’t worry, we may still be able to help you claim compensation. Some of the most common road traffic accident claims involve the following injuries:
- Brain damage and other head injuries.
- Ligament and tendon damage.
- Penetrating wounds.
- Cuts, bruises and lacerations.
- Broken bones.
- Back and shoulder injuries.
- Whiplash.
- Sprains and strains.
- Hip, pelvis and leg injuries.
Regardless of the type and severity of injury or RTA you’ve been involved in, we could help you to claim compensation.
Recent Reforms on Whiplash Claims
Since May 2021, new rules known as the Whiplash Reform Programme have changed how low-value whiplash claims from road traffic accidents are managed. These rules aim to make low-value claims faster and easier. If your injuries are valued at less than £5,000, you could claim directly through a government claims portal.
In the first instance, we would recommend speaking to one of our advisors. If it appears your claim is likely to be worth less than the £5,000 threshold, we’ll direct you to the claims portal. Otherwise, we could ask one of our solicitors to represent you.
What Evidence Do I Need for an RTA Claim?
If you decide to take action and claim compensation for your injuries following an RTA, you’ll need to provide as much proof as possible to show what caused the accident to happen and how you suffered. This can include:
- Details from the other driver. Without saying anything that could be seen as an admission of guilt, you should swap details with the other party involved in the accident. Try to get their contact details, insurance details and vehicle registration number.
- Photographic proof. If you’re able to do so safely, try to take pictures of the accident scene before any vehicle is removed.
- Dashcam footage. Where your accident was caught on camera, request a copy of the footage from the owner. If the defendant’s vehicle was fitted with a dashcam, your solicitor might help you obtain footage. CCTV footage could be requested if your accident was recorded by security cameras too.
- Police report. If the police were called to the RTA, you can ask for a copy of their report, which typically includes the accident details, observations and measurements taken by the officers.
- Witness information. Details of any witnesses can help if liability for the accident is denied. For that reason, ask anyone who saw what happened to provide you with their contact details.
- Medical records. Proving what injuries you sustained will be easier if you attended A&E, a GP surgery or a minor injuries treatment. You can request a copy of your medical records relating to the incident at a later date.
Our team will look through your evidence when you call for a free case review. If anything else is required, they’ll let you know, or they may refer you to one of our solicitors who specialises in road traffic accident claims.
What Is the Time Limit to Make a Road Traffic Accident Claim?
When you call to discuss your RTA claim, one of the first things we’ll check is whether you’re claiming within the personal injury claims time limit. For most road traffic accidents, you have 3 years from the date of the accident (or from when you became aware of your injuries) to start your claim.
Where a child has been injured in an RTA, the 3-year clock won’t begin until their 18th birthday. A litigation friend can claim on their behalf at any time before then, or the child can start their own claim up until their 21st birthday.
If the injured person lacks the mental capacity to manage their own affairs, the 3-year limitation period does not apply unless they regain capacity, in which case the 3 years would run from that point.
We suggest seeking legal advice sooner rather than later so that there’s ample time to build a strong case.
How Much Compensation for an RTA Can I Claim?
If your RTA compensation claim is successful, you’ll be awarded compensation by the defendant. Usually, this will be paid by their insurance policy. It’s important to realise that compensation isn’t a fine or a form of penalty. Instead, it aims to restore you (as much as possible) to the position you were in before the accident occurred.
Road traffic accident claims are usually based on general damages (to cover any pain and suffering) and special damages (where any costs or expenses are considered).
No two RTA claims are the same, but your settlement could be based on:
- The pain and suffering that your injuries caused. Crucially, this could include a payment to cover any mental harm as well.
- Any impact your injuries have on your social or domestic life (loss of amenity).
- The cost of a carer if needed.
- Private medical and rehabilitation costs.
- Loss of income and future lost earnings too.
- The cost of modifying your home, if needed, to help you cope with a disability.
- Travel expenses.
If liability is accepted by the defendant, their insurer may offer a settlement offer to tempt you into settling early. However, we’d generally advise checking any offer carefully to ensure it covers all aspects of your suffering. If you work with one of our personal injury lawyers, they’ll work with you you try and ensure everything is considered before your claim is sent to the defendant.
Can I Claim for Loss of Earnings Due to a Road Accident?
If your injuries from the road accident mean you’ve been unable to work, you could claim for loss of earnings. This is usually based on your normal take-home pay, with any sick pay or other income received during your recovery deducted.
To work out the exact amount, your solicitor will review evidence such as payslips, bank statements, or tax records.
Will I Need a Solicitor to Claim RTA Compensation?
It isn’t compulsory to have a solicitor when making an RTA compensation claim. However, having a road traffic accident solicitor from our panel on your side can make the process easier.
They can deal with insurers on your behalf, gather the right evidence, and keep you up to date throughout the claims process. Their expertise can help claimants reach a fairer outcome rather than trying to handle a claim alone.
Don’t be put off by claiming for a road traffic accident because you’re worried about losing money on solicitor’s fees. If your claim is accepted, you’ll get legal representation on a No Win, No Fee basis.
We offer a free consultation to discuss your case with no pressure to take things further, so give us a call today if you want more information.
Frequently Asked Questions
Can I Claim for a Fatal Road Accident?
A claim can usually be brought on behalf of the deceased’s estate. In addition, close relatives may be able to claim for the impact of the loss, for example, if they were financially dependent on the deceased. It may also be possible to claim a statutory bereavement award and recover expenses such as funeral costs.
If you need advice on claiming for a fatal accident, please call our team.
What Happens if the Accident Was Caused by an Uninsured Driver?
Our solicitors may still be able to help if the other driver was uninsured or fled the scene. In these situations, claims are usually made through the Motor Insurers’ Bureau (MIB). This scheme is funded by a levy on UK motor insurers, meaning policyholders indirectly contribute to it. While that might not seem fair, it ensures that compensation is still available in circumstances where it otherwise wouldn’t be.
Please call to find out more.
Will I Be Required to Undergo a Medical Assessment?
The personal injury claims process may require you to provide an independent medical report. As such, during your claim, you might be asked to visit a medical specialist (usually arranged for you locally by our solicitors).
During the meeting, you’ll be examined by the specialist, and you’ll explain how your injuries have affected you. Your medical notes may also be referred to, as well. Once the meeting has concluded, a report will be sent to all parties. This will show a list of your injuries and explain your prognosis.
Do RTA Compensation Claims Go to Court?
In our experience, most RTA claims can be settled out of court. That’s partly because our solicitors vet claims before they are accepted and only take on cases with a reasonable chance of success.
In most cases, the claim will be settled amicably one way or another. However, if an agreement can’t be reached over liability or the amount of compensation to be paid, a court hearing may be necessary.
Start a Road Traffic Accident Compensation Claim Today
We’re ready to help if you’ve decided to seek damages following a road traffic accident. If you’d like us to review your chances of being compensated, please call on 0800 652 1345.
Whatever happens, we’ll provide free legal advice and explain your options on a no-obligation basis. As such, you’ve got nothing to lose by calling. Your solicitor will do all they can to obtain the highest possible compensation amount for you if your claim is accepted.
Thanks for reading our article on road traffic accident claims, and if you’ve got any remaining questions, please use live chat or call to speak with an advisor.
