Road Traffic Accident (RTA) Claims

Road traffic accidents can have lasting consequences. If you’ve had one that wasn’t your fault, you could be entitled to make a claim for compensation.

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Can I make a road traffic accident claim?

Road traffic accidents can be devastating. They can have long-lasting consequences – both physically and mentally – leaving you feeling anxious about getting into another vehicle.

No matter what kind of road user you are, the risk of an accident is always present. But if you were injured in an accident that wasn’t your fault, you could be able to make a claim for compensation to help you recover – regardless of whether you were in a vehicle or not.

You can make a claim if you were the driver or passenger in a private vehicle. You can also make a claim if you were in a taxi or on public transport. It’s also possible to make a claim if you were hurt as a pedestrian.

There could be multiple reasons for your accident, including:

  • Driver negligence
  • Poor road conditions
  • Vehicle malfunction
  • Weather conditions

1,870 people were killed on UK roads in 2018/19, according to the most recent statistics from the Department for Transport. Meanwhile, there were 157,630 casualties of all severities reported that year. The roads can be dangerous, and accidents are sadly common. So if you’ve been involved in one, you could be able to claim compensation for your injuries.

If you were involved in a road traffic accident abroad, there may be different regulations surrounding claims. To find out more, contact us to discuss your specific situation and find out the best course of action for you.

How much will I receive in compensation?

Each accident and the injuries you suffer from it are unique. That means it is difficult to say what you will definitely be entitled to in compensation. But our compensation calculator can give you a rough idea.

Compensation amounts are assessed based on two factors:

  • General damages: These cover the pain and suffering your injury has caused you. It refers to the impact your injury has had on your life.
  • Special damages: These cover any financial losses you’ve suffered from your injury, including a loss of earnings or expenses related to medical care.

In personal injury cases, general damages are decided on based on the Guidelines for the Assessment of General Damages in Personal Injury Cases by the Judicial College. These guidelines set out ranges of compensation for a number of injuries, including:

  • Whiplash – Up to £6,730
  • Minor brain injury – Up to £10,890
  • Serious arm injury – Up to £51,070
  • Severe leg injury – Up to £115,940
  • Paraplegic paralysis – Up to 242,490

Who pays my compensation?

The party responsible for your accident will also usually be responsible for paying your compensation. Who this is will depend on the circumstances of your accident.

Another driver
When your accident was caused by another driver – regardless of the vehicle they were driving – their insurance provider will pay your compensation. This means you won’t be claiming directly against the driver themselves.

Uninsured driver
Being hit by an uninsured driver can be a hugely stressful experience. But you could still be able to make a claim for compensation after this happens. The Motor Insurers’ Bureau (MIB) will typically pay compensation for claims made against uninsured drivers.

Unknown driver
If you were in an accident caused by someone who didn’t stop and whose details you didn’t get, you might feel that you have no chance of making a claim. But the MIB exists to pay compensation for these accidents too. So if you were involved in a hit and run accident, you could still be entitled to make a claim.

Road conditions
You may also feel that no one could be responsible for paying compensation when your accident was caused by poorly maintained roads. But there will always be an organisation responsible for the road you had the accident on. This could be the local authority or a body such as Highways England or Transport Scotland – and they will be responsible for paying your compensation.

What do I need to make a claim?

To make a road traffic accident claim, certain pieces of evidence will help your solicitor build the strongest case possible. Putting all of your evidence together will give your solicitor the best chance of getting you the maximum amount of compensation you’re entitled to.

Medical evidence is vital. Immediately after a road accident, you may not realise that you’ve been injured. This is why it’s important to get medical attention straight away and to pay close attention to your body in the days after your accident. Some injuries only become apparent up to 48 hours after the accident.

Your solicitor will usually arrange for you to have a medical assessment by an expert medical professional. This will typically involve them examining your treatment records and carrying out a physical exam. This can then prove how your injury has affected your health.

Photographs can make strong evidence. If you’re able to, take as many photos of the accident as you can. Video evidence is also welcomed by solicitors as it can help to present how damaging the accident was.

If there were any witnesses to your accident, get their details. Your solicitor may want them to provide witness statements to explain how the accident wasn’t your fault.

To find out what you’ll need to do to make a road traffic accident claim, just give us a call and we’ll talk you through the process.

How long do I have to make a claim?

In most cases, you have three years to make a no win no fee claim after a road traffic accident. This deadline means you should begin your claim as soon as possible. The sooner you begin your claim, the more straightforward it will be to gather some of the evidence that can make your case as strong as possible.

There are some exceptions to the three-year deadline, though. If you are claiming on behalf of someone who lacks the capacity to claim for themselves, you will not face a time limit unless they regain capacity.

Children are also an exception. They can claim at any point up until their 18th birthday, at which point they will then have three years to make a claim.

Once you have started the process of making a claim, you won’t have to worry about concluding it in any specific period. There is no time limit for claims that have already begun.

Why should I make a road traffic accident claim?

After a car accident, your vehicle might need serious repairs carried out. Your insurance can ensure your car is taken care of, but what happens to you?

Road traffic accidents can leave you unable to work for a period, meaning that you might find paying your bills a struggle. A no win no fee compensation claim can help you cover the costs of your daily life – the ones that don’t stop just because you’ve been injured.

If you need to pay for private medical treatment – such as physiotherapy – a compensation claim will help to cover the cost of that, helping you get back to the position you were in before the accident happened.

In the majority of road traffic accident claims, you won’t need to go to court. In most cases, our specialist solicitors will work to get the person responsible for your accident to admit liability. It is then typically possible to come to a settlement without having to issue court proceedings.

Going to court is usually only required when the party responsible for your accident refuses to admit that they were at fault or if the value of your claim can’t be agreed. Your solicitor will keep you updated throughout the process, supporting you.

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