Welcome to our guide on road traffic accident claims. If you’re unfortunate enough to have been injured in an accident on the road, you may be entitled to claim compensation.
At Accident Claims, we have specialist road traffic accident solicitors who have years of experience in achieving the best possible outcome for our clients. If someone else is to blame for your injury, we want to help make things right. We can work with you to reduce the stress of the additional issues you may be facing following your accident, and make the claims process as simple as possible for you.
Key Takeaways
- If negligence occurred, you’re entitled to claim road traffic accident compensation.
- You can make a road accident claim even if you’re partly responsible for the accident.
- Typically, the road traffic accident claims time limit is 3 years.
- Road traffic accident compensation can cover your physical, psychological, and financial impacts following an accident.
- Our solicitors operate on a No Win No Fee basis.
We understand that all road traffic accident claims are unique, with individual circumstances and set of challenges. So, please have a chat with us today about your specific incident. Our helpline is open 24/7:
- Call 0800 073 8801.
- Use our online ‘Start A Claim’ page.
- Message in our live chat box.
Jump To A Section
- Who Can Claim Road Traffic Accident Compensation?
- Is My Road Traffic Accident Claim Impacted By The Whiplash Regulations?
- How Much Compensation Could I Get For Road Traffic Claims?
- Different Types Of Road Traffic Accident Claims
- How Long After A Road Accident Can I Claim?
- No Win No Fee Road Traffic Accident Claims Specialists
- Frequently Asked Questions About Road Traffic Accident Claims
- Learn More
Who Can Claim Road Traffic Accident Compensation?
Those who have suffered negligence can claim road traffic accident compensation. Negligence is a breach of duty of care which leads to an injury.
A duty of care is owed by all road users to one another when they’re on the road. This means that all road users must abide by The Highway Code and the Road Traffic Act 1988 rules in order to keep one another safe and free from the risk of injury.
As such, the road traffic accident claims eligibility criteria are as follows:
- A road user owed you a duty of care while you were on the road.
- This road user breached their duty of care because they didn’t abide by road safety rules and legislation.
- Because of this breach, you suffered an injury.
If you believe you meet the above criteria and can prove that negligence occurred, please have a chat with us today to potentially get the road traffic accident claims process started.
Additionally, you can continue reading to see some examples of how a road user could breach their duty of care.
Is My Road Traffic Accident Claim Impacted By The Whiplash Regulations?
The Whiplash Reform Programme changed how some road traffic accident claims are made in England and Wales.
If your circumstances fit the following criteria, your claim must now be made differently:
- You were injured either as a driver or as a passenger in a vehicle.
- You’re 18 years old or over.
- Your injuries are valued at no more than £5,000 (for example, whiplash injuries).
Your whiplash injuries are now valued in line with the tariffs in the Whiplash Injury Regulations 2021.
Any injuries you have that are not found in this tariff will be valued via the traditional way. Additionally, if your other injuries result in the overall value of your claim exceeding £5,000, then your claim will also be made via the traditional way (but your whiplash injuries will still be valued in line with the tariffs).
If you have suffered whiplash after a road traffic accident, please contact us today.
How Much Compensation Could I Get For Road Traffic Claims?
In successful road traffic accident claims, the compensation may be divided into two heads. These heads of claim are called general and special damages.
Compensation under general damages covers your physical and psychological impacts following the injury. These factors need to be looked at when general damages are being valued:
- Loss of amenity.
- How severe the pain is.
- Whether a full recovery is possible, and if so, how long the recovery period will take.
Those valuing your general damages can refer to your independent medical examination reports and the Judicial College Guidelines (JCG) to help them.
The JCG is a publication containing guideline compensation values for all kinds of physical and psychiatric injuries.
Compensation Table
In the below table, you can find some types of road traffic accident injuries that could potentially be suffered. These injuries, and their accompanying guideline compensation values, have been taken from the JCG.
Please bear in mind when viewing this table that the top value has not been taken from the JCG, and the bottom two values have been taken from the Whiplash Injury Regulations 2021. Also, since all road traffic accident claims have unique challenges and circumstances, none of these values can be guaranteed.
| Injury type | Severity of injury | Guideline compensation values | Comments |
|---|---|---|---|
| Numerous serious injuries with associated special damages | Serious | Up to £1,000,000+ | Compensation for sustaining numerous serious injuries with associated financial losses, such as car adaptations and property damage expenses. |
| Paralysis | Tetraplegia (a) | £396,140 to £493,000 | Where the upper and lower body is paralysed. |
| Paraplegia (b) | £267,340 to £346,890 | Where the lower body is paralysed. | |
| Brain damage | Very severe (a) | £344,150 to £493,000 | Cases of 'locked-in' syndrome where the life expectancy is substantially reduced. |
| Less severe (d) | £18,700 to £52,550 | There's not a full restoration of normal functions, but there's still a good recovery where the person can return to work and a normal social life. | |
| Leg | Amputations (a)(i) | £293,850 to £344,150 | Loss of both legs above the knee. |
| Amputations (a)(iv) | £119,570 to £162,290 | Loss of one leg below the knee. | |
| Severe (b)(i) the most serious injuries short of amputation | £117,460 to £165,860 | For example, extensive degloving of the leg. | |
| Less serious (c)(i) fractures where there's an incomplete recovery, or serious soft-tissue injuries | £21,920 to £33,880 | Where there's a reasonable recovery, but either a metal implant is needed, or there's some serious cosmetic deficit and functional restriction. | |
| Back | Severe (a)(i) | £111,150 to £196,450 | Incomplete paralysis with a combination of significantly impaired sexual, bladder, and bowel function. |
| Minor (c)(i) | £9,630 to £15,260 | Where without surgery, a full recovery is made within 2-5 years. | |
| Neck | Severe (a)(i) | In the region of £181,020 | Incomplete paraplegia. |
| Minor (c)(i) | £5,310 to £9,630 | Where a full recovery takes place within 1-2 years. | |
| Arm | Severe (a) | £117,360 to £159,770 | A serious brachial plexus injury. |
| Simple fractures (d) | £8,060 to £23,430 | A simple forearm fracture. | |
| Wrist | Complete loss of function (a) | £58,710 to £73,050 | For example, where an arthrodesis is needed or has been performed. |
| Less severe (c) | £15,370 to £29,900 | Where there's still some permanent disability, such as stiffness. | |
| Whiplash injuries | Lasting between 18-24 months | £4,345 | Whiplash and psychological injuries. |
| Lasting between 18-24 months | £4,215 | Whiplash injuries on their own. |
Claiming For Special Damages
Compensation under special damages covers your financial impacts following the injury. Some examples of financial losses you could potentially suffer include:
- Loss of earnings if your road traffic injuries have resulted in you needing time off work.
- Property damage expenses, such as costs to repair your car.
- Costs to adapt your home or car.
Special damages can be really useful in restoring your financial position to what it should be. It is very important to keep hold of all evidence of your financial losses, such as invoices, payslips, receipts, and bank statements.
Please contact us if you wish to find out more about how road traffic accident claims are calculated.
Different Types Of Road Traffic Accident Claims
Negligence on the road could occur in many ways. Below, we have provided examples of how a road user could potentially breach their duty of care and cause you to suffer an injury.
However, please don’t worry if your circumstances don’t match any of the examples below. It’s always best to speak directly with an advisor to find out whether you have an eligible road accident claim.
Car Accidents
- A drunk driver swerves into your lane from the other side of the road, leading to a head-on collision.
- A driver is on their mobile phone at the wheel, and thus not paying attention to the road ahead. They therefore fail to notice the traffic in front of them, leading to a rear-end collision with your car.
Accidents Whilst Cycling
- As you are cycling past a parked car on the side of the road, the driver opens their car door without using their mirrors to check if it was clear. Because the car door opens right in front of you, you crash and fall off your bike.
- As you’re cycling, a driver overtaking you doesn’t leave you enough room. They therefore hit your bike, causing you to fall off.
Motorcycle Accidents
- While you’re on your motorcycle on the road, the lorry driver behind you is exceeding the speed limit. Alas, when you brake, the lorry behind you can’t brake in time, leading to a rear-end collision.
- You’re on your motorbike waiting at a junction. A car turns into the same junction too wide due to reckless and careless driving, which results in a head-on collision.
Accidents As A Pedestrian
- You’re a pedestrian on a zebra crossing. A motorcyclist approaching the zebra crossing, however, is not looking at the road ahead of them due to road rage. They thus fail to notice you and drive straight into you, running you over.
- You’re walking on a footpath on the side of the road. A driver on the road next to the footpath is changing the radio station, and not paying full attention to the road. This causes them to swerve onto the footpath, running you over.
Accidents Whilst Using Public Transport
- You’re on a bus, and the bus driver neglects to check their mirrors before changing lanes. This causes them to have a side-on collision with another vehicle, and the impact jolts you off your seat, leading to a broken wrist injury.
- You’re on a tram in the middle of the city centre, and the tram driver ignored a tram signal, causing them to crash into another tram. You fall down from the impact.
Accident Whilst Passenger In A Taxi
- You’re in a taxi, and the taxi driver approaching a roundabout fails to stop at the junction. They therefore crash right into the side of another vehicle that’s already on the roundabout.
- You’re in a taxi on the motorway at night. The taxi driver, due to tiredness, fails to see the lane closure signs ahead of them. The taxi driver thus crashes into the road signs, causing the vehicle to flip.
How Long After A Road Accident Can I Claim?
In most cases, you can claim compensation up to 3 years after a road traffic accident, as per the Limitation Act 1980. These 3 years run from the date the accident took place.
However, if the claimant doesn’t have their full mental capacity (for example, they suffered moderate brain damage from the road traffic accident), then this time limit is paused.
While the time limit is paused, the courts can appoint a litigation friend to start the claim on behalf of the claimant.
If a litigation friend has not started a claim by the time the claimant recovers their full mental capacity, then the standard 3-year time limit will commence from the date of the claimant’s mental recovery.
Claiming On Behalf Of Someone Who Is Under 18
Similarly, the 3-year claims time limit is also paused for those injured who are under 18.
So, you may be able to start a claim on behalf of someone who is under 18 (for example, your child) as a litigation friend.
However, you have until they turn 18 to do this. If a claim has not been started by then, then the standard 3-year time limit will commence from the date of the claimant’s 18th birthday.
If you want to learn more about starting a road accident compensation claim for someone else, such as a loved one, please discuss this with us today.
No Win No Fee Road Traffic Accident Claims Specialists
If we confirm that you have an eligible road traffic accident compensation claim, we could connect you to our specialist team of solicitors. There’s no obligation or pressure to connect with one of our solicitors, but they are experts in road traffic accident claims. So, whatever you choose to do, you’ll be in safe hands.
Our solicitors provide a range of services for their clients on a No Win No Fee basis. They’ll do everything they can to secure compensation as quickly as possible to relieve any concerns or stresses you may have.
Some of these services include:
- Help with gathering all of your evidence to prove who’s at fault, such as dash-cam footage, witness contact details, and your medical evidence.
- Communicating with the liable party on your behalf.
- Sorting your legal representation for court proceedings if necessary.
- Sending you case updates whenever there’s any progression in the claims process.
- Explaining any legal terminology you don’t understand.
- If your claim is successful, ensuring your road traffic accident compensation has been calculated fairly and accurately.
The specific No Win No Fee agreement that our solicitors offer is called a Conditional Fee Agreement (CFA). With a CFA, there are no:
- Upfront costs for your solicitor’s services.
- Ongoing costs for your solicitor’s services.
- Costs at all for your solicitor’s services if your claim is unsuccessful.
- Direct out-of-pocket costs for your solicitor’s service if your claim is successful. Instead, your solicitor will take a percentage of your road traffic accident compensation. This percentage is pre-arranged, legally-capped, and known as the ‘success fee’.
Switching My Claim From Current Solicitors
If you’re unhappy with your current road traffic accident solicitors, you have every right to switch solicitors at any time. Maybe you’re disappointed with their communication or expertise, or not providing a full range of services to help you.
Our specialist team could potentially take over your claim after reviewing your case, and support you however you need us to while you focus on recovery.
You also shouldn’t worry about where you are based in the country. We can help you claim road traffic accident compensation wherever your accident happened, as we can work remotely via phone and email.
However, it’s always best to check with your current solicitors, as there may be fees that you will have to pay them.
Contact Us
After being in a road traffic accident, the last thing you want or need is a complicated claims process. Especially if you’ve never made a road traffic accident claim before. This is why you may benefit greatly by receiving help from us, whether you’re starting a new road traffic accident claim with us or switching from your current solicitors.
Our solicitors are totally transparent, highly knowledgeable and experienced. So, let us help you claim road traffic accident compensation today. If you connect with our team, there will be no hidden charges – we’ll always be completely transparent with you, and we can answer any of your queries.
Our helpline is free to use. So, contact us today:
- Call 0800 073 8801.
- Use our online ‘Start A Claim’ page.
- Message in our live chat box.
Frequently Asked Questions About Road Traffic Accident Claims
How Long Does A Road Accident Claim Take?
There is no set answer for how long road traffic accident claims can take – it can be a few months, or even a few years. This is because numerous factors can affect the length of the claims process, such as the severity of your injuries, whether the defendant accepts liability, and how long gathering evidence takes.
Will I Have To Go To Court?
No. Only a small number of claims end up being taken to court.
What If It Was A Hit And Run Or I Was Hit By An Uninsured Driver?
If you were involved in a road traffic accident with an untraced (hit and run) or uninsured driver, you can still claim compensation through the Motor Insurers’ Bureau (MIB).
All UK motor insurance companies are members of the MIB, which is an organisation that compensates those who’ve been involved in a road traffic accident with an untraced or uninsured driver who’s at fault.
Can I Claim If I Was Hit By A Foreign Driver?
If your road traffic accident took place in the UK, and if the third party liable for the accident was a foreign driver in a registered foreign vehicle, you can still claim compensation through the MIB via the Green Card system.
Green cards are an international certificate, allowing drivers to bring over foreign vehicles across countries that also are part of the Green Card system. Green cards cover motorists with the minimum required motor insurance that’s compulsory in the foreign country they’re visiting.
Can I Claim If The Accident Happened Abroad?
Yes, if you were in a road traffic accident while abroad, you can possibly still claim compensation. Your claim would just be subject to the laws of that particular country. So, it’s probably best to speak to our team if you require more details on this.
Can I Claim If The Accident Was My Fault?
If the other road user involved in the road traffic accident was at least partly at fault, then you can still claim compensation even if you’re partially liable.
In split liability road traffic accident claims, the amount of compensation you receive depends on how at fault you were. For instance, if you were 50% liable for the accident, then you’d receive 50% of the total compensation. If you were 20% liable for the accident, then you’d receive 80% of the total compensation, and so on.
Please contact us today, even if you think you’re fully at fault after your road traffic accident. You can still confirm your claim eligibility and discuss your circumstances with our team.
Learn More
Browse a few of our other personal injury claims guides here:
- Find out what to do if you were in a car accident with no insurance, and whether you can still claim compensation.
- Discover how much compensation you could potentially claim if you have anxiety after a car accident.
- Learn more about what your legal rights are after a car accident.
Additionally, these few pages might be helpful for you:
- THINK! – a UK road safety campaign with advice for road users on road safety.
- Police.UK – advice and information from the police on road collisions and incidents.
- NHS – how to get your GP health records.
Thank you for taking the time to read our road traffic accident claims guide today. Please remember that if you wish to claim compensation, we are available 24/7 to have a free chat with you.
