Frequently Asked Questions For Road Traffic Accident Claims

In this article, we’ll answer some frequently asked questions regarding road traffic accident claims. For instance, we’ll discuss relevant legislation, the duty of care that is owed on the road, and evidence that will help support this kind of personal injury claim. We will also provide insight into compensation values, including how they are calculated.

road traffic accident

Road traffic accident claims guide

Not only will we explain the eligibility criteria you must meet to begin a personal injury claim, but we’ll also discuss the benefits of working with one of our No Win No Fee solicitors. These professionals can provide their services in order to help you collect evidence, organise your claim, and file it within specified time limits. What’s more, they can do this in a way that means you don’t pay anything upfront for them to begin working on your road traffic accident claim.

Keep reading for further information. As well as using the resources in this article, you can contact our helpline whenever is most convenient for you. Our advisors can tell you more about the claims process and may be able to refer you to one of our solicitors. To learn more:

Select A Section

  1. Who Is Liable For A Road Traffic Accident?
  2. How Long After A Road Traffic Accident Can You Claim?
  3. How Do I Prove A Road Accident Wasn’t My Fault?
  4. What Can You Claim For A Traffic Accident?
  5. Why Choose Accident Claims UK For A Road Traffic Accident Claim?
  6. Where Can I Learn More About Road Traffic Accident Claims?

Who Is Liable For A Road Traffic Accident? 

Under the Road Traffic Act 1988, drivers must navigate the road with due care and attention so as not to cause injury to themselves or other road users and to avoid causing damage to property. Likewise, all road users must take reasonable care to prevent harm occurring to others using the road. In a similar vein, the Highway Code contains useful guidance and rules for different types of road users. Some of the Highway Code is backed up by law.

If a driver does not follow the rules of the road, they may cause an accident and be found liable for the harm sustained to other road users. In order to make a valid personal injury claim following a road traffic accident, you must be able to satisfy these three key points:

  1. Did a driver owe me a duty of care?
  2. Was this duty of care breached?
  3. Did this breach directly cause me to sustain physical or psychological injuries?

If all these criteria are present in your circumstances, then another driver acted negligently. You may be eligible to claim car accident compensation in these circumstances. If you’d like to know more about the road accident claims process, speak to one of our advisors.

How Long After A Road Traffic Accident Can You Claim? 

In addition to showing negligence occurred, you must also fulfil the road accident injury claim time limits. This is established in the Limitation Act 1980, which states you have three years to begin a claim. This begins from the date of your accident, though some exceptions exist that may affect the time limits. For instance:

  • Claimants who do not have the required capacity have their limitation period suspended until such a time as they gain the required capacity.
  • Claimants under the age of 18 have their limitation period suspended until they turn 18, at which point it resumes and they have three years to begin a claim.

Alternatively, the courts can appoint these individuals a litigation friend, who may begin a claim on behalf of a person who cannot claim for themselves. For example, a litigation friend could be appointed for a child who was in a car accident.

If you have further questions about the limitation periods in place for road traffic accident claims, speak to our team of advisors.

How Do I Prove A Road Accident Wasn’t My Fault? 

In order to prove fault in a car accident claim, you can provide evidence that will help demonstrate another driver’s negligence. Here are some examples of evidence you could provide:

One of the services a solicitor can offer is to help clients collect and organise evidence. You can contact one of our advisors using the number at the top of the page for free. If they feel your claim is valid, they may refer you to one of our road traffic accident solicitors.

What Can You Claim For A Traffic Accident? 

Following a successful road traffic accident claim, you will receive compensation that could include up to two heads of claim: one intended to compensate you for the pain and suffering caused by your injuries and another that aims to return you to the financial position you were in before the injury.

General damages are a head of claim that accounts for the suffering you experience due to negligence. In order to assess the value of this aspect of a claim, solicitors can turn to the Judicial College Guidelines (JCG). This publication contains compensation brackets for different injuries. We’ve created a table with entries from the JCG, which should help you understand how motor injury claims are calculated.

Please note the figures are only intended as a guide. The JCG cannot account for every unique circumstance. When compensation is calculated following a successful claim, these circumstances are included.

Compensation Table Figures 

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Injury Value Severity Notes
Paralysis Injuries £324,600 to £403,990 Tetraplegia Top bracket will be when physical pain still present and there is significant effect on senses and ability to communicate.
Brain Injuries £282,010 to £403,990 Very Severe Little to no meaningful response to environment. This bracket accounts for factors like life expectancy and age.
Leg Injuries £201,490 to £270,100 Amputations (ii) Below knee amputation of both legs. Award considers severity of phantom pains, psychological problems and the success of any prosthetics.
Back Injuries £91,090 to £160,980 Severe (i) Damage to the spinal cord and nerve damage leading to serious consequences not always found in this kind of injury.
Arm Amputations Not less than £137,160 Loss of One Arm (i) One arm amputated at the shoulder.
Other Arm Injuries £96,160 to £130,930 Severe Injuries that fall short of amputation but leave the claimant little better off.
Hand Injuries £55,820 to £84,570 Serious Damage to Both Hands Injuries that cause significant loss of function and permanent cosmetic disability.
Other Arm Injuries £39,170 to £59,860 Substantial and Permanent Disability Fractures of a serious nature in one or both forearms. Significant cosmetic or functional disability.
Whiplash/Soft Tissue Injuries £4,345 One or More Whiplash Injuries and One or More Minor Psychological Injuries Injury duration more than 18 months but no more than 24.
Whiplash/Soft Tissue Injuries £4,215 One or More Whiplash Injuries Injury duration more than 18 months but no more than 24.

The Whiplash Reform Program

You may notice some of the table entries above reflect whiplash injuries. These were introduced as part of the Whiplash Reform Programme, which set a new way for adult drivers and passengers to claim for injuries valued at £5,000 or below. Whiplash injuries will be compensated in line with a tariff found in the Whiplash Injury Regulations 2021.

If an adult driver or passenger suffers injuries that take the claim value over £5,000, then they may begin their claim in the traditional manner. In this scenario, the tariff would still apply to whiplash injuries.

We would also like to note the tariff may also apply to individuals who do not need to claim in the new way specified in the reform programme.

Special Damages 

In addition to the payout awarded for injuries, a successful road traffic accident claim may also include a payout intended as a way for you to reclaim the money you’ve lost as a result of negligence. Special damages can help you recoup:

Contact our advisors to find out about the evidence required for this head of claim.

Why Choose Accident Claims UK For A Road Traffic Accident Claim?

When considering a claim for compensation, one of your options is working with our car accident lawyers on a No Win No Fee basis.

Specifically, our solicitors may offer you a Conditional Fee Agreement (CFA), which allows the solicitor to pursue your claim without charging an hourly rate. When using a CFA, you do not have to worry about ongoing charges for the solicitor’s services. Also, you typically don’t have to pay for their services if your claim fails.

If your claim succeeds, the solicitor instead deducts a success fee from the compensation you are awarded. This means your solicitor has as much incentive to win the claim as you do. The success fee they deduct is capped under the Conditional Fee Agreements Order 2013, so you will not be overcharged.

Contact Us 

If you would like more information regarding No Win No Fee solicitors, you can contact one of our advisors using the details provided below. They can also provide information about the merits of your potential claim. Find out more:

Where Can I Learn More About Road Traffic Accident Claims? 

This section will provide informative links to our guides or any external resources that may relate to road traffic accident claims:

Here are more of our guides:

External links you may find useful: