In this guide, we will explore some frequently asked questions surrounding road traffic accident compensation claims. Starting a personal injury claim can seem daunting, and you might have questions; our guide aims to answer those questions and provide more information on how to make a road traffic accident claim.
We’ll discuss the eligibility criteria for claiming, as well as what happens when liability is split between you and the other road user. Our guide also looks into the evidence that you can use to support your claim, and how compensation is calculated if you make a successful case.
Finally, we’ll discuss how a No Win No Fee solicitor from our panel of experts could help you through the personal injury claims process. Our team of advisors are here to help if you have any more questions, and could potentially connect you with a No Win No Fee solicitor from our panel.
To learn more, read on, or contact us today by:
- Calling us on 0800 408 7826
- Using the live chat feature
- Contacting us online
Browse Our Guide
- When Am I Eligible To Claim Road Traffic Accident Compensation?
- How Long Do I Have To Claim Road Traffic Accident Compensation?
- Can I Claim If The Other Driver Was Uninsured Or Didn’t Stop?
- What Are Split Liability Claims After A Road Traffic Accident?
- How Can Evidence Help Me In The Road Traffic Accident Claims Process?
- What Amount Of Road Traffic Accident Compensation Could I Receive?
- Can I Make A Personal Injury Claim On A No Win No Fee Basis?
- More Resources About Road Traffic Accident Injury Claims
When Am I Eligible To Claim Road Traffic Accident Compensation?
To form the basis of a valid personal injury claim after a road traffic accident, you need to prove that negligence occurred. When using the roads, you owe and are owed a duty of care by other road users. This duty of care means navigating the roads in a way that presents injury and damage to yourself and others, and to uphold this duty, you are expected to comply with the Highway Code and the Road Traffic Act 1988.
To be eligible to make a personal injury compensation claim after a road traffic accident, you would need to satisfy these criteria:
- Another road user owed you a duty of care at the time of the accident.
- The accident occurred because they breached this duty,
- As a result of the road traffic accident, you suffered harm. Harm can mean physical injuries, psychological injuries, or both.
These criteria form the basis of negligence in tort law.
Even if you are partially responsible for the accident, you may still be able to make a personal injury claim; we’ll touch on this in more detail later in the guide.
To find out if you have an eligible claim for road traffic accident compensation, why not contact our advisers now for free advice? If they can see that you have a valid personal injury claim, they could connect you to one of the expert solicitors from our panel.
How Long Do I Have To Claim Road Traffic Accident Compensation?
Generally, you are expected to start any kind of personal injury claim within three years of the accident. This is outlined by the Limitation Act 1980, though this legislation also provides some exceptions.
For example, you may have longer when claiming compensation if your accident occurred while you were under the age of 18. In this case, the three-year time limit doesn’t begin until your 18th birthday. A litigation friend can claim on your behalf before this time, but otherwise, you can claim for yourself between your 18th and 21st birthdays.
Another example of an exception laid out by the Limitation Act is for those who don’t have the mental capacity to make a road traffic accident claim for themselves. In this case, the time limit is completely suspended, and a litigation friend can claim for them at any point.
If they recover the mental capacity needed to claim, and no one has started proceedings on their behalf, then the time limit will be reinstated from the date that they recover.
Can I Claim If The Other Driver Was Uninsured Or Didn’t Stop?
It’s an offence to drive a vehicle without insurance, so if the other driver is uninsured or untraceable, you might be wondering if you can still claim injury compensation.
You can still claim compensation if you were involved in a hit-and-run, or if the other driver was uninsured. The process is slightly different, as you will have to make your claim through the Motor Insurer’s Bureau (MIB).
The MIB takes on claims for road traffic accident injuries, vehicle, and property damage in cases where the party at fault was uninsured or unable to be traced, and they also help UK residents who have been in accidents with foreign-registered vehicles.
An expert personal injury solicitor from our panel may be able to help you make a road traffic accident compensation claim through the MIB. Call our team today to learn more about the benefits of working with a legal professional, or read on to learn more about claiming for road traffic accidents.
How Can Evidence Help Me In The Road Traffic Accident Claims Process?
One of the most crucial aspects of claiming road traffic accident compensation is making sure you have enough evidence. The onus is on you to prove that the other party breached their duty of care, which means it’s essential that you know how to back up your claim.
Examples of evidence that you could use to support a road traffic accident claim include:
- Photographs of the injuries or accident site
- CCTV or dashcam footage of the accident
- Medical evidence, such as medical records
- Witness contact details to allow their statements to be taken later
One of the benefits of working with road traffic accident solicitors is that they can help you gather evidence to prove your claim. Call today to find out how a solicitor from our panel could help you.
What Are Split Liability Claims After A Road Traffic Accident?
Split liability claims occur when you and the other driver share responsibility for the accident or your injuries. In these cases, your compensation will be reduced according to liability.
For example, two cars are reversing out of a car park space, each not correctly observing their surroundings reverse into each other. Each driver is 50% responsible for the accident occurring so will each have any personal injury compensation received reduced by 50%.
Contributory negligence could also see compensation reduced. If you are seen as contributing to the severity of your injury, then the compensation you receive may see a reduction.
For example, if you are a passenger in a car accident who suffered broken bones to the chest, i.e. rib fractures, if you weren’t wearing a seatbelt, it may be argued that your injuries partially occurred because of the absence of the seatbelt.
Split liability claims can seem confusing, but our team are here to help. If you think you might be eligible to make a split liability claim, contact our team today.
What Amount Of Road Traffic Accident Compensation Could I Receive?
You might be wondering how much your claim could be worth. Road traffic accident compensation for a personal injury can be split into two heads. The first head is general damages, and this is awarded to every successful claimant. General damages address your injuries, both physical and mental, and the effect that these injuries have on your day-to-day life.
Those who value your car accident claim might refer to the Judicial College Guidelines (JCG) for help. The JCG provides guideline compensation brackets for a number of physical and psychological injuries, and you can find some examples of these brackets in the table below.
Please note that these amounts are intended as guidelines only and that the first entry has not been taken from the JCG.
Guideline Compensation Amounts
| Injury | Compensation Bracket | |
|---|---|---|
| Multiple Severe Injuries And Special Damages | Up to £1,000,000+ | Multiple severe injuries and financial losses, such as lost earnings and travel expenses. |
| Very Severe Brain Damage (a) | £282,010 to £403,990 | There is little to no language function, and a need for full-time nursing care. |
| Less Severe Brain Damage (d) | £15,320 to £43,060 | There is a good recovery, and the claimant can take part in a normal social and working life. |
| Chest Injuries (b) | £65,740 to £100,670 | Traumatic injury to the chest, lungs, and heart, causing significant disability. |
| Severe Back Injuries (a) (i) | £91,090 to £160,980 | The most severe injuries to the nerve root and spinal cord fall under this bracket. |
| Moderately Severe PTSD | £23,150 to £59,860 | Serious symptoms affect the claimants ability to work, socialise, and otherwise function, though there is some chance of recovery. |
| Less Severe Arm Injuries (c) | £19,200 to £39,170 | A substantial degree of recovery occurs despite the presence of significant disability. |
| Less Serious Leg Injuries (c) (i) | £17,960 to £27,760 | Serious soft tissue injuries or fractures from which an incomplete recovery occurs. |
| One Or More Whiplash Injuries | £4,215 | Symptoms last 18-24 months |
| One Or More Whiplash Injuries With One Or More Psychological Injuries | £4,345 | Symptoms last 18-24 months |
What Are Special Damages?
Special damages are the second head of compensation you could pursue, but not all claimants will receive compensation under this heading. This is because it covers the financial losses that you suffer as a result of your injuries.
Special damages you could potentially claim back the cost of:
- Lost earnings
- Essential travel
- Prescriptions
- Mobility aids
- Home adjustments
- Childcare
However, to claim under this heading, you need to provide proof of your losses. As such, it can be helpful to keep any relevant documents relating to your expenses. To find out how much compensation an injured person can claim after a road traffic accident, call our advisors for free advice.
Can I Make Whiplash Injury Claims?
Since the introduction of the Whiplash Reform Programme on May 31st 2021, the way some personal injury claims after road traffic accidents, including whiplash claims, are made has changed.
If the following criteria fit your circumstances, the way you make your personal injury claim may be different:
- Aged 18 or over,
- The driver or passenger of a vehicle,
- Claiming for injuries worth £5,000 or less
Also, whether you claim using this new route or you claim in the traditional way, if you have suffered whiplash injuries, the amount you receive will be determined by the Whiplash Injury Regulations 2021. This piece of legislation lists fixed tariff amounts for whiplash injuries and minor psychological injuries.
If the value of your injuries is over £5,000, you will make it the traditional way, though your whiplash injuries may still be valued in line with the tariffs. To find out which avenue you make your personal injury claim through, or to learn more about how car accident compensation is calculated, connect with our team today.
Can I Make A Personal Injury Claim On A No Win No Fee Basis?
Now that you know more about claiming road traffic accident compensation, you might be wondering how a specialist lawyer from our panel could help.
Working with a personal injury solicitor comes with many benefits: they can help you negotiate an acceptable settlement, collect evidence to support your claim, and talk you through anything you might not understand.
Alongside this, our panel of solicitors work on a No Win No Fee basis. They do this by offering their clients a Conditional Fee Agreement (CFA). A CFA is a No Win No Fee arrangement where the claimant pays no solicitor fees upfront for the legal representative to start working on their case, nor are any fees needed while the case progresses.
It is only when the case is won that the solicitor will take out a success fee from the compensation awarded to the claimant. This success fee will be legally capped so that the claimant receives the larger amount of the compensation.
Contact Our Team
Contact our team of advisors today to start your free consultation. If you are seeking advice for road traffic accident claims, they can help.
They can answer any further questions you may have on how to claim compensation, and could potentially connect you with an expert personal injury solicitor from our panel.
Get started by:
- Calling us on 0800 408 7826
- Using the live chat feature
- Contacting us online
More Resources About Road Traffic Accident Injury Claims
For more helpful personal injury claim guides:
- Learn about calculating compensation for a hairline fracture
- Get help with burn injury claims and find out what your claim could be worth
- Find out if you could make a fractured skull claim and learn how compensation is calculated
We have also provided some more external links that may have some helpful information:
- Find out how to request CCTV footage of yourself
- Learn about statutory sick pay (SSP) and when you can claim it
- Get help with when to call 999 from the NHS
Thank you for reading our guide on claiming road traffic accident compensation. Phone today to start your road traffic accident claim.