Road traffic accident compensation claims
Our specialist No Win, No Fee solicitors can help you make a compensation claim if you were injured following a road accident that wasn't your fault
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We work on a No Win No Fee* basis, so if you're claim is not successful you don't pay anything.
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A guide to making a road traffic accident compensation claim
According to statistics from the Department for Transport, a total of 24,101 people suffered a serious injury on UK roads in 2016. As many accidents are not reported to the police, that number is expected to be a lot larger.
If you have suffered an injury following a road traffic accident that was not your fault - whether you were driving, a passenger, a pedestrian or a cyclist - then you could be entitled to make a claim for compensation.
Contents
- What is a road traffic accident?
- Road traffic accident examples
- What to do if you are involved in a road accident
- Can I make a compensation claim for an RTA injury?
- What kind of injury can I claim for?
- What are the time limits on making a claim?
- What if the other driver is uninsured?
- How much compensation can I get for a car accident claim?
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What is a road traffic accident?
The definition of a road traffic accident, as laid out by the Road Traffic Act 1999, is as follows:
"an accident resulting in bodily injury to any person caused by, or arising out of, the use of a motor vehicle on a road or other public place in England and Wales"
A Road Traffic Accident can be a very traumatic and stressful experience. If you have been involved in such an accident which resulted in Personal Injury and it wasn’t your fault then one of our qualified and experienced solicitors will be able to assist you in making a claim for compensation.
You don’t have to have been in a car to be involved in a road traffic accident, you may be on a bicycle, on a bus, in a taxi or a pedestrian.
It is also important to remember that even if you are a passenger in a vehicle where the driver is at fault for the accident, you are still entitled to bring a claim for compensation against the at fault driver of the vehicle.
If you have been injured in a road traffic accident following an accident that wasn’t your fault then you could be entitled to make a claim for compensation.
Road traffic accident examples
A road traffic accident compensation claim can be made following a range of different accidents. If the accident, and your subsequent injury, was the cause of someone else’s negligence then you could be entitled to make a claim.
Some common forms of accidents that lead to compensation claims are:
- Vehicle hit from behind
- Head on collision
- Side Road pull out collision
- Vehicle attempting to change lanes when unsafe to do so
- Driver losing control of vehicle
What to do if you are involved in a road accident
The moments immediately after a car crash can be a very distressing time, but it is essential that you take the correct measures to help any future claim.
After an accident you should take the following steps:
- Ensure you have the details of the at fault driver (name, address, vehicle registration number, insurance details)
- If possible, take photographs of the damage to both the at fault drivers vehicle and your own vehicle
- Are there any witnesses to the accident? Obtain their contact details
- Report the accident to the Police and obtain a police reference number
- Keep receipts/details of all out of pocket expense you have incurred as a direct result of this accident e.g. loss of earnings/medical costs/prescription charges/damaged clothing/Policy Excess/Vehicle related costs etc.
Contact us and one of our dedicated Solicitors will be able to guide you through the legal process from start to finish with the least disruption to you.
Please note that strict time frames apply when making any Personal Injury Claim so time is of the essence.
Your case will be dealt with on a No Win No Fee* Basis.
Can I make a compensation claim for an RTA injury?
If you have suffered an injury as the result of a car accident then you may be eligible to make a claim for compensation. Whether you were a driver, a passenger or a pedestrian – if the injury was caused due to the negligence of another party then you could be entitled to claim.
If you have suffered an injury, then in order to make a claim for compensation then first of all it will need to be established that your injury was in fact caused by the accident. Also, it must also be shown that the other party was at fault and that their negligence caused your injury.
In terms of negligence in road accidents, it is generally recognised that all road users owe each other a duty of care – which includes motorists as well cyclists and pedestrians.
As well as negligence when driving e.g. driving without due care and attention, another party could fail in their duty of care in a number of other ways. For example, a failure to adequately treat icy roads or poor road maintenance could be deemed an act of negligence.
What kind of injury can I claim for?
Road traffic accidents can cause a variety of different types of injury that differ in severity.
Some of the more common types of injury sustained after a car accident include:
- Whiplash
- Head injuries
- Back/spine injuries
- Herniated disks
- Neck injuries
- Chest injuries
- Arm injuries
- Hand/wrist injuries
- Shoulder injuries
- Leg/ankle injuries
Car crash injuries can be caused directly by the impact, as well as by seatbelts and headrests and also broken glass.
What are the time limits on making a claim?
You are eligible to make a claim for compensation if the road traffic accident happened within the last three years. The Courts have the power to waive this time limit, but only in rare circumstances.
It is therefore recommended that you begin your claim as soon as possible – particularly as this is when the relevant evidence will be at its most fresh – e.g. witness testimony.
What if the other driver is uninsured?
The Motor Insurers Bureau was set up exactly for this reason. They are there to help ‘compensate victims of uninsured and untraced drivers fairly and promptly.
Understandably, claims that are made via the MIB can take a little longer than usual and the compensation payout you receive might be a little bit less, but the important bit is they are there to help you if the negligent party cannot be traced or does not have car insurance.
How much compensation can I get for a car accident claim?
As with all compensation claims, the payout amount depends on a number of factors. Most notably, the severity of your injuries and the impact they have had on your life (e.g. how they have affected your day-to-day life and whether they have prevented you from working) will influence the payout amount.
When calculating compensation payouts for road traffic accident claims, the following factors are taken into account:
- costs of care and medical treatment
- the estimated cost of any future treatment and care
- any other expenses like travel costs and property damage
- compensation for the loss, or reduction of, physical or mental capacity
- compensation for general pain and suffering caused by the injury
- loss of earnings during the recovery process
- loss of earnings if unable to return to work or to the job role you were in before the accident
To find out more about how much compensation you could be awarded, read our compensation payout guide.
No Win, No Fee*
Get in touch...
0151 440 2500
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No Win No Fee*
We work on a No Win No Fee* basis, so if you're claim is not successful you don't pay anything.
Find out if you are eligible to make a claim for compensation below...