Road Traffic Accidents
Had an road traffic accident?
– Claiming Compensation for an Road traffic accident
We deal with all types of road accident injury claims for car, van, lorry and bus drivers, passengers, people injured on public transport, cyclists, motorcyclists, pedestrians, claims against the Motor Insurers Bureau (MIB).
If you’ve had a car accident where someone else was either fully or partly to blame, you could be entitled to compensation. We can help you get you access to rehabilitation and medical support as well as financial compensation for your injuries.
For a free consultation with one of our solicitors dealing with car accidents call us on 03300 552 955 or fill in this contact form and one of our team will get straight back to you.
How do I start a car accident claim?
Your first step when you are making a car accident compensation claim is to call us for a free consultation to talk about your case. We will talk you through your options following information which you have given. If you don’t know whether you are eligible for compensation, our team will be able to offer you expert advice.
All you need to do at this stage is to provide us with the details of the car accident and your injuries, giving as much information as you can. Provide your registration details and those of the other party if you know them, and the precise location where the accident took place. Using these details, we can assess your claim and then recommend the most appropriate course of action.
The next step is for us to contact the person or people you believe to have been partially or fully responsible for your accident. On your behalf, we will let them know that you’ll be seeking compensation for your injuries along with any associated damages. We will handle everything on your behalf, using our legal expertise to progress the claim quickly and efficiently. Crucially, we will keep you updated with the latest developments as they happen. You don’t need to worry about the claim once you’ve been through the initial steps. All you need to do is concentrate on your recovery. With the right solicitor, making a compensation claim shouldn’t be an added stress.
Who can claim car accident compensation?
You may think that only drivers can claim compensation for road accidents, but this isn’t the case. You can seek compensation for car accident injuries if you were a driver, a passenger, a pedestrian or if the injuries were caused by a car accident when you were riding a bike, a motorcycle or a horse. If a child is involved in an accident, their parent or guardian can pursue a compensation claim on their behalf and act as the Litigation Friend.
What should I do after a car accident?
It’s very easy to panic immediately after an accident, not knowing what to do or what action to take. Road traffic accidents can be very upsetting for all involved, so it’s only natural if you’re not thinking straight at the time. There are however a few steps that you should take if you are able to, such as:
- Seek medical assistance if this is needed straightaway.
- Call the police as soon as possible to report the accident and ensure that all the details are recorded officially. If you can, get a copy of the police report.
- Take photographs of your injuries, the scene of the accident and the damage to the car, bike or other property as soon as possible after the accident.
- Get contact details of any people who saw what happened and who may be willing to provide a witness statement in any legal case.
Average car accident compensation claim amounts
Although all car accident claims are different in terms of the compensation amounts awarded, they are split into general and special damages.
General damages are awarded for the pain, suffering and loss of amenity you have suffered as a result of the accident
There are, of course, lots of different categories of injuries to various parts of the body. Most injuries from car accidents can be relatively minor, although they can still cause a lot of pain, discomfort and inconvenience for the sufferer.
In cases of serious injuries, the compensation amounts awarded are unsurprisingly much larger. This is because a serious injury could have resulted in a complete change to your life, affecting everything from your work to your leisure time and relationships. Compensation can help you plan for the future, ensuring that you have the medical care, support and accommodation for your rehabilitation. If you can’t work, or can’t do the same job you used to, compensation can be absolutely critical for helping you to balance your finances.
Special damages cover any expenses you have incurred as a result of the accident, including future expenses. For example, you can claim for:
- Travel expenses
- Adaptations you have to make to your home because of your injuries
- Medication and medical care
- Assistance in the home
- Rehabilitation costs
- Loss of earnings
- Future loss of earnings – for example, if you’re unable to work or unable to work in the same job at the same level of income you received before the accident
- Damage to vehicles and other property
Changes to Road Traffic Accident Claims
The 31st May 2021 saw the introduction of the new RTA Small Claims Protocol (‘the Protocol’) and the new Whiplash Tariff. The Protocol applies to those who have suffered minor injuries, including whiplash, as a result of a road traffic accident on or after 31 May 2021. The changes do not apply to any accident before 31 May 2021. Where the Protocol applies it will not be possible to recover your legal costs from the other side, which includes the costs of any legal representation you may have.
The Whiplash Tariff
A whiplash injury means an injury of soft tissue in the neck, back or shoulder and includes a sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder, or an injury of soft tissue associated with a muscle, tendon or ligament in the neck, back or shoulder.
There is now a fixed tariff for the amount of compensation that may be received for whiplash injuries.
Official Injury Claims Portal
Claims which fall within the Protocol are dealt with under a new portal called the Official Injury Claims portal.
There are number of exclusions to the scope of the Protocol. If one of the exceptions applies, then your claim does not fall within the scope of the Protocol.
Some of the exceptions are as follows:-
a) a motorcyclist;
b) anyone using wheel chair, a powered wheelchair or a mobility scooter;
c) a cyclist;
d) anyone riding a horse;
e) a pedestrian;
f) children (anyone under the age of 18 at the time of the accident);
g) an accident where the driver can’t be identified or a “hit and run”;
h) an accident caused by a non-road user;
i) where the claimant or defendant acts as a personal representative of a deceased person;
j) where the defendant’s vehicle is registered outside the United Kingdom
Please do not hesitate to contact us for further advice and guidance on whether one of the exceptions may apply to your claim. For any other information on how the new changes may affect your personal injury claim, please contact our team who can advise on your next steps to recovering compensation.
Will my car accident case be no win no fee?
Compensation in Personal Injury cases is never guaranteed, but you’ll never be left out of pocket for seeking justice for what happened. Our solicitors will only ever provide you with a realistic assessment of your case and your chances of claiming compensation, and you won’t have to pay a penny unless we win on your behalf. Call us for a free consultation on 03300 552 955 and we’ll be happy to help you or fill in this contact form and one of our team will get straight back to you.
How much compensation can I claim for a car accident injury?
There’s no set amount of compensation for car accident claims, simply because each case is so different. An accident may involve multiple parties, cause an enormous range of different injuries and have very different short and long-term effects on the people involved. The person you believe to have caused the accident may only partly be at fault, while a court could decide that you were at fault in some way - for example, if you were not wearing a seatbelt at the time of the accident. Most claims are settled before they even reach court, and negotiations over compensation offers regularly take place.
For all of these reasons and many more, claim amounts for car accidents can vary considerably. However, we can usually advise on a ballpark figure you can expect to receive if you win your case, basing our estimate on other similar cases we have handled in the past. Simply provide the details of the accident and your injuries, and we will advise you on the amount you could receive if successful in your claim.
Were your injuries caused by another motorist?
The compensation awarded in personal injury claims is paid for by the other motorist’s insurance, if they are found to be at fault. If we can prove that the other person was responsible for the accident, their insurance company will have to cover the cost for your compensation claim.
If you are injured in an accident caused by a motorist without insurance, or are involved in a hit and run where you don’t know who injured you, you may still be able to claim compensation. The Motor Insurers’ Bureau (MIB) often covers compensation costs in these cases.