Make A Road Traffic Accident Claim
Road traffic accident compensation claims can involve different road users such as motorcyclists, drivers or cyclists. If you were injured by another road user and it wasn’t your fault, we could help you claim.
£70 million in compensation
Make A Road Traffic Accident Claim
An accident on the road can have disastrous consequences. Injuries can vary from minor to severe, and claimants often have to take time off work to recover. This may add financial distress on top of the pain caused by the injury. In this situation, you may look to start a road traffic accident claim. This can help you to recover your losses, seek closure and move on from the incident.
We explain the eligibility criteria for starting a claim with a look at auto traffic accident law. Additionally, we look at common causes of accidents on the road and the evidence you need to strengthen your case. We also outline the legal time limit, how compensation is calculated and whether you can claim for minor injuries.
Finally, you can read about the services offered by our skilled road traffic accident solicitors. If eligible, they could represent you on a No Win No Fee basis. This type of agreement helps ordinary people to make a claim without having to worry about high legal costs. Our solicitors draw on a wealth of experience and can help you along all stages of the claim. You can speak with our advisors if you wish to enquire or if you have any questions about how you are protected under road traffic accident law:
- Submit an online claim form
- Call our team on 0151 375 9916
What Is A Road Traffic Accident?
A road traffic accident is an incident that happens on the road where a vehicle collides with another road user. It could also describe single-vehicle accidents, such as a car hitting a tree.
There are a number of different road users, such as:
- Drivers
- Pedestrians
- Cyclists
- Motorcyclists
As we explain below, road users have a duty not to expose others to the risk of harm. For example, the driver of a van should give a cyclist enough room when they overtake. If they fail to do so, they could knock that cyclist off their bicycle.
Can I Make A Road Traffic Accident Claim?
If you’ve been injured in a road traffic accident, you might wonder whether you could make a compensation claim.
As mentioned above, each road user has a duty of care to use the roads safely, preventing themselves and other people on the road from becoming harmed or sustaining damage while using the roads.
To uphold their duty, they need to follow the Road Traffic Act 1988 and The Highway Code. If there is a failure to do so, it could lead to a road traffic accident in which you sustain harm.
So in summary, to begin a road traffic accident claim, you need to prove the following:
- Another road user, such as a driver, owed you a duty of care.
- This duty of care was breached.
- As a result of this breach, you were injured physically, psychologically, or both.
Learn More About Different Types Of Road Traffic Accident Claims
Car Accident Claims
If you'd like to learn more about car accident claims and how we can help you get compensation for your injuries, head here.
Cycling Accident Claims
To learn more about how we can help you claim compensation after a cycling accident, head here.
Pedestrian Accident Claims
If you'd like to learn about our pedestrian accident claims service and how we can help you, head here
Public Transport Accident Claims
To learn about how we can help you claim compensation after an accident on public transport
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What Are The Causes Of Road Traffic Accidents?
Here are a few examples of how road traffic accidents could happen:
- You were in a head-on collision because another driver was under the influence of alcohol and drove the wrong way down a one-way street. As a result of the car accident, you sustained a serious head injury. In this instance, it might be possible to make a road traffic accident claim against the negligent driver.
- A van driver rear-ended you because they were using their mobile phone at the steering wheel and failed to notice the cars ahead of them waiting at the red traffic lights. As a result, you and your passenger sustained soft tissue damage to your neck and back.
- Whilst on a roundabout, a driver failed to check their blind spot and mirrors to check for cyclists. As a result, you were knocked off your bike in a cycle accident and sustained a serious back injury leading to paralysis.
- You sustained multiple injuries in a pedestrian accident after being knocked over while using a zebra crossing because a driver was speeding.
- A motorbike accident may have occurred after driver failed to check their mirrors before changing lanes. As a result, you may have sustained broken bones and laceration injuries.
- You may have had an accident while using public transport like a bus or a coach. You can find out about making a public transport accident claim here.
- Some road traffic accidents could be caused by potholes. Deep holes especially can cause damage to vehicles and can force drivers off the road or to crash into other vehicles.
Whether you have suffered more minor injuries, such as whiplash, or a serious injury, such as paralysis, you should contact our team. You may be able to claim compensation with our specialist road traffic accident solicitors.
How Can I Prove Another Road User Was To Blame For The Accident?
It’s important to prove that you sustained harm as a result of another road user breaching their duty of care when making a road traffic accident claim. As such, you should gather evidence to strengthen your case. For example, you could collect:
- CCTV footage of the accident or dash-cam footage.
- Photographs of the accident site and your physical injuries.
- A diary of your symptoms, such as the physical and psychiatric effects, and treatment.
- Copies of medical evidence from the medical care that you have received. For instance, you could provide X-ray scans, prescriptions, and treatment plans.
- Contact information of possible witnesses. Witnesses can be interviewed during the claims process to provide an account of how the accident happened.
A benefit of being connected with one of our specialist No Win No Fee personal injury solicitors is that they can help you collect evidence for your case as part of the services they provide. Call today and speak with our advisors to see whether one of our solicitors could start working on your road accident claim.
How Long Do I Have To Claim For A Road Traffic Accident?
In accordance with the Limitation Act 1980, you typically must start a personal injury claim within three years from the date that the injury occurred.
However, there are some exceptions to this rule. This includes cases involving a person who is:
- Under the age of eighteen
- Lacking the mental capacity to make decisions for their claim
If you are uncertain about the time limit for your claim, please get in touch with our advisors. They can discuss your claim in further detail and help determine when you must start your claim.
How Much Compensation Could I Receive In My Road Traffic Accident Claim?
A personal injury settlement awarded for a successful road traffic accident claim can consist of two heads of loss:
- General damages is the initial head of loss that is always awarded in successful compensation claims. It compensates for the pain and suffering of psychiatric and/or physical injuries sustained due to the road traffic accident. Some of the factors considered when determining how much you’re owed for your injuries include the severity of any injuries, the type of treatment needed, how long the expected recovery period is, and if your quality of life has been impacted.
- Special damages is the second head compensating for the financial losses incurred due to your injuries. This could include lost income caused by time taken off work, medical expenses, and domestic care costs. Evidence, such as receipts, payslips, and invoices, can help prove these losses.
To help calculate the value of general damages, the Judicial College Guidelines can be referred to alongside the report from an independent medical assessment. The assessment can be arranged as part of the claims process to produce an in-depth report on the full extent of how your injuries have impacted you. The JCG is a publication with different guideline compensation brackets for various types of injuries.
Below, you can take a look at some figures from the JCG below. Please note these figures only provide a guide for your compensation as there is no guarantee of the amount you could receive.
The first figure was not taken from the JCG. We’ve also provide two tariffs at the bottom of the table taken from the Whiplash Injury Regulations (explained below).
| Type of Injury | Severity | Compensation Amount | Notes |
|---|---|---|---|
| Multiple injuries with financial impact | Severe | Up to £1,000,000+ | Multiple injuries with the associated financial costs, such as medical expenses |
| Brain | Very severe | £344,150 to £493,000 | Injured person has little response to their environment and requires fulltime professional care |
| Moderate (i) | £183,190 to £267,340 | Significant intellectual impairment with no chance of employment | |
| Leg | Amputation- loss of both legs | £293,850 to £344,150 | Loss of both legs above the knee. Compensation considers factors such as psychological impact and risk off issues to spine and hips |
| Less serious (i) fractures from which an incomplete recovery is made or serious soft tissue injuries | £21,920 to £33,880 | Reasonable recovery but may need metal implant due to fracture. Soft tissue injury may have caused cosmetic defect | |
| Back | Severe (i) | £111,150 to £196,450 | Most severe injuries to the back whereby the spinal cord and nerve root has suffered damage. Severe disability and pain |
| Shoulder | Serious | £15,580 to £23,430 | Dislocated shoulder resulting in weakened grip and pain |
| Wrist | Significant | £29,900 to £47,810 | Injury gives rise to permanent serious disability where a small amount of movement is still possible |
| Whiplash Tariff | With minor psychological damage | £4,345 | A whiplash injury presenting with minor psychological harm. The symptoms last between 18-24 months. |
| Without psychological damage | £4,215 | A whiplash injury without psychological damage. The symptoms last between 18-24 months. |
Can I Claim For Whiplash And Other Minor Injuries?
The Whiplash Reform Programme implemented changes to the assessment of low-value road traffic accident claims. These changes mean that passengers and drivers of a vehicle aged 18 or over who suffered injuries worth £5,000 or less must claim via a different avenue. Also, any injuries related to whiplash are valued using the tariff set out in the Whiplash Injury Regulations 2021 as you can see from the section above.
Any injuries not found in the tariff will be valued in the usual way. Furthermore, if the whole value of your claim comes over £5,000, you will claim via the traditional route but any whiplash injuries will still be valued using the fixed tariff.
Reach out to us for a free valuation of your road traffic accident claim. Our team can help you understand where you need to direct your claim and how much compensation you could be owed.
Can I Claim On A No Win No Fee Basis?
Those making a road traffic accident claim can choose to get support from a personal injury solicitor who can guide you through the legal process. If you speak to our advisors about your claim, they can determine whether you have a strong case. If they do, they could then connect you with one of our No Win No Fee solicitors.
Our solicitors can offer their services under a Conditional Fee Agreement (CFA). Typically, when claiming under such an agreement, you can expect the following terms:
- You won’t have to pay for your solicitor’s services upfront or as your claim proceeds. You also usually won’t pay if your case has a failed outcome.
- If your claim is successful, you will pay your solicitor a success fee out of the compensation you’re awarded. This is taken as a legally limited percentage to ensure you keep most of your compensation.
To learn more about making a road traffic accident compensation claim or working with a No Win No Fee solicitor, you can read our FAQ guide or contact our advisors for free today. To get in touch with our team, you can:
- Call us on 0151 375 9916
- Write to us using our online contact page.
- Ask a question in our live chat.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
Frequently Asked Questions
In cases where you and another road user are partially at fault for a road traffic accident, you could make a split liability compensation claim.
However, if a split liability accident claim is successful, then this can affect how much compensation is awarded. For example, your payout will be reduced according to how at fault you were for the accident.
Find out whether you could make a compensation claim where you were partially at fault by calling the number above and speaking to an advisor.
According to the Department for Transport, provisional estimates for the year ending 2023 show that car occupants, motorcyclists, pedal cyclists, and pedestrians were amongst the most common road user types to be injured in a road traffic accident. As such, some of the common types of accidents include:
- Car accidents
- Cycle accidents.
- Motorbike accidents.
- Pedestrian accidents.
However, it is not always possible to claim following an accident on the road. You need to prove that the road accident occurred because another road user breached their duty of care and caused you to become injured. Call our team to discuss your specific case and find out whether you have valid grounds to proceed.
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