In this guide, we will discuss road traffic accident compensation claims? Were you involved in a road traffic accident that was not your fault that resulted in you being injured? Perhaps you were the passenger or even a pedestrian and were injured in an accident on the road? If so, you may be able to claim.
Road traffic accident compensation claims guide
Road traffic accidents can cause a wide range of different injuries. While some of them can be relatively minor and may not have a serious impact on your quality of life, others can be more serious and potentially life-changing. A road traffic accident could even be fatal.
Our team of advisors could help by offering you free legal advice on the process of claiming. Furthermore, if you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
You can:
- Call us on 0800 408 7825
- Contact us via our online form
- Use the ‘live support’ option to the bottom of this screen
Select A Section
- What Are Road Traffic Accident Compensation Claims?
- When Could You Claim For A Road Traffic Accident?
- Who Could Claim For Road Traffic Accident Injuries?
- What Is The Limitation Period For Road Traffic Accident Compensation Claims?
- Calculate Your Road Traffic Accident Compensation Payout
- Why Choose A No Win No Fee Road Traffic Accident Solicitor?
What Are Road Traffic Accident Compensation Claims?
You may be able to make a road traffic accident claim if another road user has breached the duty of care that they owe you, causing you to be injured.
All road users owe one another a duty of care. This means that they need to act in a way that prevents the risk of themselves or another road user being injured.
Road users can do this by following some of the guidance in the Highway Code. This is a publication that outlines safe conduct for road users. It doesn’t just apply to drivers; there are also rules for pedestrians, cyclists and motorcyclists.
Drivers cannot be expected to conduct themselves perfectly at all times. This is why the duty of care of drivers is to conduct themselves with the standard of skill and care of the average motorist.
For more information on the circumstances in which road traffic accident compensation claims could be justified, speak to us today. One of our friendly advisors could connect you with a No Win No Fee solicitor from our panel to work on your claim.
When Could You Claim For A Road Traffic Accident?
There are a number of different ways that a road traffic accident could occur. They don’t just happen between cars; pedestrians, motorcyclists and pedal cyclists can all claim compensation if they were harmed on the road as a result of negligence.
Examples of how road traffic accidents could occur include:
- Failing to stop at a red light
- Travelling above the speed limit
- Failing to keep a safe stopping distance from the car in front
- Driving while under the influence of drink or drugs
- Not paying due care and attention to the road
- Not alerting other road users of your intentions by using an indicator.
If you’ve been injured in an accident that happened because of circumstances that we haven’t mentioned, you may still be able to claim. Get in touch with our team today to find out more.
Who Could Claim For Road Traffic Accident Injuries?
You can usually only make a compensation claim for your injuries if someone else’s negligence caused them. This means that you were not at fault for the accident happening.
However, there are cases where you can claim even if you were partially to blame for the accident taking place. This is referred to as a “split liability” claim, where two or more parties agree to share the blame.
This could happen if, for example, two cars were both reversing out of a car park space with neither paying full attention. In cases such as these, the compensation would be reduced accordingly; for example, in a situation where you’re determined to be 50% at fault for the incident, your compensation would be reduced by 50%.
It’s important to note that children are not legally able to pursue their own road traffic accident compensation claims. This means that, while they’re underage, a litigation friend can claim for them.
This is an adult who can act on behalf of the child. It can be anyone who is able to act in the interests of the child. This can include a parent or guardian, but might also be another relative, a solicitor or an older friend.
The Motor Insurers’ Bureau
If you’ve been injured by an untraced or uninsured driver, then you may still be able to claim compensation for your injuries. You would need to launch a claim through the Motor Insurers’ Bureau (MIB).
The MIB work with the insurers, police and the DVLA to reduce the number of uninsured drivers on the road. They also can award compensation to anyone who has been injured in a hit and run or an accident with an uninsured driver.
How Safe Are The UK’s Roads?
Below, we’ve included a graph showing the rates of accidents reported from January to June 2021. As you can see, there were more slight injuries than any other category. There were 250 people killed in the same time period.
What Is The Limitation Period For Road Traffic Accident Compensation Claims?
Under the legislation called the Limitation Act 1980, there is generally a three-year time limit to starting a claim. However, there are some exceptions to this time limit.
In some cases, the time limit will begin from a date later than that of the accident. This might apply if you aren’t aware of your injuries straight away. The time limit would run from the date that you became aware that your injuries resulted from negligence.
It can also vary in instances where the injured person cannot pursue their own claim, like if they’re a child or lack the requisite mental capacity. The time limit will be suspended while they’re unable to pursue their own claim; a litigation friend can claim on their behalf until then.
For more information on the time limits that apply to road traffic accident compensation claims, speak with a member of our team today. You could be connected with a No Win No Fee solicitor from our panel to work on your claim.
Calculate Your Road Traffic Accident Compensation Payout
When you make a claim for compensation, your settlement might consist of general and special damages. General damages are the part of your claim that relates to your injuries.
As part of your claim, you will usually be invited to an independent medical assessment. In this assessment, your injuries and prognosis will be detailed in a report. This report will be used to value your claim with the help of guidelines from the Judicial College.
Below, we’ve included some of these Judicial College Guidelines. Please bear in mind that these are just guidelines and the amount you actually receive might vary.
| Injury | Severity | JCG award bracket | Notes |
|---|---|---|---|
| Brain Damage | Moderate (i) | £140,870 to £205,580 | Where intellect has been moderately to severely affected and there's a change in personality with an impact on sight, speech and senses. There will be a significant risk of epilepsy and no prospect of employment. |
| Tinnitus | Mild | Around £11,000 | Mild tinnitus with no associated noise-induced hearing loss |
| Rib | Fracture | Up to £3,710 | Rib fracture or soft tissue injuries that cause serious pain and disability; however, this only lasts for a period of weeks. |
| Neck | Moderate (i) | £23,460 to £36,120 | Fractures or dislocations which cause immediate symptoms of a severe nature. |
| Neck | Severe (ii) | £61,710 to £122,860 | Serious fractures or damage to cervical discs which lead to considerably severe disabilities. |
| Back | Severe (iii) | £36,390 to £65,440 | Injuries within this bracket will lead to chronic conditions where disabilities persist despite treatment. |
| Elbow | Less Severe | £14,690 to £30,050 | Where function is impaired but major surgery isn't needed and the injured party isn't left with significant disability. |
| Wrist | Uncomplicated | In the region of £6,970 | A Colles' fracture without additional complications |
| Little Finger | Loss (Part of) | £3,710 to £5,500 | Where part of the little finger has been lost and the remaining tip is sensitive. |
| Minor Hand, Finger and Thumb Injuries. | N/A | Up to £4,461 | For example, fractures that recover within 6 months. |
Special damages
As well as general damages, you may also receive special damages. This is the part of your compensation that covers the financial losses your injuries have caused you.
Special damages can include:
- Lost income or missed financial opportunities
- Medical expenses
- Necessary and related adaptations to your home
- Impact on pension or attendance bonus at work
- Travel costs to and from work of hospital appointments
It’s a good idea to keep hold of evidence to support this head of your claim. For example, you could keep hold of any receipts or invoices that show what you’ve spent as a result of your injuries.
Whiplash Reform Programme
As of 31st May 2021, the ways that low-value road traffic accident compensation claims are made have changed. These changes affect claims made by drivers and passengers who are over the age of 18.
This means that all claims that fit these criteria where the injuries are worth less than £5,000, where the total value of the claim is less than £10,000, must be made through an online portal.
If this is the case for you, we may still be able to help you. Get in touch with our team today for free legal advice.
Why Choose A No Win No Fee Road Traffic Accident Solicitor?
No Win No Fee agreements mean that you can access a solicitor to represent you in your claim whatever your financial status. This kind of agreement means that you won’t be asked to make a payment to your solicitor upfront or while they’re working on your claim.
You also won’t be asked to pay them anything in the event that the claim isn’t successful. If you are awarded compensation, they will deduct a “success fee” from your compensation award. This will be a legally-capped percentage of the compensation you’re awarded.
Speak With Us
Our claims team can offer you a free, no-obligation assessment of the value of your claim. If they feel your claim is valid and you have a good chance of being awarded compensation, they may be able to connect you with a solicitor from our panel.
Our aim is to help you at your own pace and provide the support and advice you need, therefore, as soon as you feel ready, you can:
- Call us on 0800 408 7825
- Contact us online via our website.
- Use the ‘live support’ option to the bottom of this screen
Vehicle And Traffic Accident Claims
Below, we’ve included some links to guides that you may find useful:
THINK!- The Government’s road safety campaign
The Road Traffic Act 1988– This legislation sets out driving offences and outlines legally required protective measures.
Whiplash– The NHS guide to whiplash injuries.
Claiming Hit and Run Compensation- This guide looks at whether you can claim hit and run compensation through the Criminal Injuries Compensation Authority.
Traumatic Brain Injury Claims- In this guide, we address when you might be able to claim for a traumatic brain injury.
Taxi Accident Claims– This article looks at how you could claim compensation for the injuries sustained in a taxi accident.
Thank you for reading our guide on road traffic accident compensation claims.
Guide by EA
Publisher ET