By Danielle Newton. Last Updated 27th April 2023. In this guide, we’ll look at how to claim road accident compensation. If you’ve been in an accident on the road caused by someone else’s negligence and have been harmed as a result, you could be entitled to claim compensation.
To claim after a road accident, you would need to prove that someone else has breached their duty of care towards you, causing injury. All road users owe a duty of care to one another on the road. This means that they need to act in a way that reduces the risk of injury occurring.
Get in touch with our advisors today for free legal advice about starting a claim. They’ll take some details about your case and confirm whether you’ve got a valid claim. If so, they could connect you with a No Win No Fee solicitor from our panel to represent you.
Read on for more information about how to claim compensation after a road accident. Alternatively, get in touch with us at any time – our advisors are available 24/7 to help you.
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Select A Section
- What Are Road Traffic Accident Compensation Claims?
- What Are The Most Common Types Of Road Accidents?
- Common Injuries Caused By Road Accidents
- How Does The Whiplash Reform Program Affect Road Traffic Accident Compensation?
- What Should I Do After A Road Traffic Accident?
- Examples Of Road Traffic Accident Compensation Payouts
- Start A No Win No Fee Road Accident Compensation Claim
- Learn More About Road Traffic Accident Compensation Claims
When using the roads, all users have a duty of care towards each other. This means they need to take all reasonably practicable steps to keep others safe. This includes pedestrians, cyclists, motorcyclists, car drivers, and lorry drivers.
For all road users, appropriate behaviour on the roads is outlined in The Highway Code. This covers pedestrians and cyclists, not just drivers. If this is not adhered to, accidents and harm could happen. You could be entitled to road accident compensation if this has happened to you.
When claiming compensation, you could claim for general damages and special damages. General damages are the part of your settlement that compensates you for your injuries and the pain and suffering they have caused you.
Special damages, on the other hand, compensate you for any financial losses you experience as a result of being injured. For example, if you have lost out on wages because your injuries have made you miss work, you could claim this as a part of special damages.
Below, we’ve included some of the types of road accidents that people could be injured in:
- Head-on collisions. These could occur if one road user is travelling down the wrong side of the road; for example, because they turned the wrong way onto a duel carriageway. They could also happen where one road user overtakes a cyclist too close to a bend in the road, resulting in them colliding with a car travelling in the opposite direction.
- Side-impact collisions. These accidents could happen if a driver fails to look when pulling out of a junction, resulting in them colliding with a vehicle on the main road.
- Crashes while merging. An accident of this nature could occur if a driver attempts to change lanes without checking it’s safe to do so and without using their indicators.
- Rear-end collisions. In the majority of cases, a rear-end accident will be the fault of the following driver. This is because, as part of their duty of care, they’re expected to leave a safe stopping distance from the car in front.
Don’t be concerned if you don’t see the circumstances of your accident here. If someone else’s negligence caused a road accident in which you were injured, you could make a valid claim for road accident compensation. Call our team of advisors today to find out more.
Road accidents can involve various groups and be caused by different factors. As a result, there are a number of different injuries that you could sustain. These include:
- Head injuries, including brain damage. This could occur if your head were to hit the windscreen, dashboard or steering wheel. The force of the crash may also cause you to be thrown from your car, and you could hit your head on the pavement or road.
- Neck injuries, such as whiplash. This could occur as the result of a back-and-forward motion in the neck.
- Back injuries, such as a herniated or slipped disc.
- Facial injuries, such as lacerations. These kinds of injuries could become infected or might lead to scarring further down the line.
- Broken or fractured bones.
Again, don’t be worried if you don’t see your injury here. If you were injured by the negligent actions of another road user, you could make a valid claim for road accident compensation. Get in touch with us today to find out more.
The introduction of the Whiplash Reform Programme means that some personal injury road accident claims are handled slightly differently. From the 31st of May 2021 onwards, all road traffic personal injury claims made by drivers or passengers over 18 where injuries are valued at £5,000 or less must be dealt with using an online portal.
The usual claims process still applies for making a claim as another type of road user or for a minor. For example, claims for cycling accidents where the cyclist has sustained injuries worth less than £5,000 can still be made through the usual method.
For more information on claiming road accident compensation through the Whiplash Reform Programme, speak to one of our advisors today. You could be connected with a lawyer from our panel to work on your claim.
If you’ve been injured in a road traffic accident, the first thing you should do is seek medical help. You could visit a walk-in clinic, for example. For more serious injuries, you could call 111, 999, or find your nearest accident and emergency service.
When making a personal injury claim, you need to prove that it was the negligence of another party that caused your injury. Some examples of evidence could include:
- Medical report records
- Photographs of your accident or injury
- CCTV footage
- Witness details so that a statement can be taken at a later date
- Accident reports
A medical appointment will be arranged for you in order to assess the severity of your injuries. The findings of this assessment will be collected into a report, which will be key to valuing your injuries. If you choose to work with a solicitor from our panel, they may be able to arrange the appointment in your area, reducing the distance you need to travel.
What Details Do I Need To Get At The Scene Of The Accident?
Prior to gathering evidence for your car accident claim, you legally must exchange details if you are involved in a road traffic accident that results in damage or injury.
At the scene of the accident, you should have noted the other driver’s name, the name and address of the vehicle owner and the vehicle’s registration number. If you are injured, the other driver must produce their insurance certificate. If you don’t exchange details at the scene of the accident, you must take these documents to the police station within 7 days. Additionally, you must report to your insurer any accident you have been involved in.
However, if you were involved in a hit-and-run and cannot identify the other driver, you could still make a claim for road traffic accident compensation. Your claim could be made through the Motor Insurers’ Bureau (MIB). The MIB aim to compensate those who have been affected by uninsured or untraceable drivers who were at fault.
Should I Call The Police After A Car Accident?
If you’ve been involved in a collision, you may wonder if you need to report it to the police. Not all incidents need to be reported to the police.
However, you must report a road collision to the police if:
- Contact details weren’t exchanged at the scene of the accident.
- If anyone suffered an injury.
- If the other driver may have committed a driving offence.
If you needed to report your road traffic accident to the police, this police report could be submitted as evidence in your personal injury claim.
Call our advisors to find out more about road traffic accident claims. They can offer you free advice for your potential claim and answer any questions you may have.
This section will look at compensation amounts for possible injuries relating to road traffic accidents. These amounts are calculated from past case studies and are taken from the Judicial College Guidelines.
Injury Severity Amount Notes
Brain Moderately Severe £148,330 This could include injuries that have resulted in serious disabilities. There will also be a dependence on others and a need for consant care. There may also be related physical disabilities such as paralysis or a significant reduction in life expectancy.
Neck Severe (i) In the region of £148,330 This could include injuries that have resulted in part paraplegia or little to no movement in the neck despite extensive treatment. There may also be severe headaches that are difficult to treat.
Neck Moderate (i) £24,990 to £38,490 Compensation could be awarded here when there are severe symptoms that may lead to chronic conditions or serious soft tissue injuries. The person may also have impaired function or exacerbation of a pre-existing condition.
Back Severe (iii) £38,780 to £69,730 This could include injuries such as disc fractures or lesions or soft tissue injuries that have led to chronic conditions. There may also be residual disabilities such as continuous pain and impaired agility.
Back Moderate (ii) £11,730 to £26,050 Compensation could be awarded here for a disturbance of ligaments or muscles causes backache or exacerbation of a pre-existing condition. This may be judged further on severity of original injury, degree of pain and any treatment required in the past or future.
Knee Moderate (i) £13,920 to £24,580 This could include injuries such as torn cartilage or dislocation which results in some instability or weakness. Or, the injury may have exacerbated symptoms of a pre-existing condition.
Shoulder Serious £11,980 to £18,020 This could include injuries such as a dislocation that causes pain in the shoulder, neck and elbow with a related weakness of grip.
Whiplash Tariff With a minor psychological injury £4,345 The claimant has suffered whiplash along with minor psychological damage. The symptoms last 18-24 months.
Whiplash Tariff Without a psychological injury £4,215 The claimant has suffered whiplash with symptoms lasting 18-24 months.
You could also claim special damages as part of your compensation. This includes any financial losses relating to your injury. For example, you could claim for:
- Travel expenses
- Medical expenses not covered by the NHS
- Adjustments to the home if you have suffered a lasting disability
- Loss of earnings, both past and future.
You should provide evidence of the costs and losses you have incurred so that they can be included in special damages. This evidence might include bills, invoices and payslips to show the financial effect the injuries have had on you.
Find out about using a car accident claims calculator here
If you’re considering claiming with us, the solicitors from our panel could offer their services on a No Win No Fee basis. This way of funding legal representation could be beneficial if you’ve already suffered financially due to your accident.
If you work with a No Win No Fee solicitor, you will not be required to pay any upfront or ongoing fees in your case. If your case is unsuccessful, you will not be obligated to pay any solicitor fees at all.
However, your solicitor will deduct a success fee from your compensation as payment if your case is successful. This will only be deducted from your compensation once fully paid and is legally capped. The legal cap is in place to prevent overcharging.
Get in touch today to start a claim or find out more about No Win No Fee agreements. Our advisors can give you free legal advice and connect you with someone from our panel of solicitors.
- Call us on 0800 408 7825
- Use our online contact form
- Use the live chat feature in the bottom right to get instant answers
Thank you for reading our guide on how to claim road accident compensation. We hope it answered any questions you may have had. Please see below for more relevant links.
How to Know if You Have a Valid Claim for a Whiplash Injury – An article explaining what makes a valid whiplash claim.
Claiming Compensation for an Accident on a Public Bus – A guide on how you can claim after being injured in a public bus accident.
How to Claim Compensation From the Local Council – An article explaining how to claim against your local council.
Statutory Sick Pay – The government page on how you could claim SSP if you’ve needed to take time off work due to an injury.
If you’ve suffered an injury while travelling as a passenger in a taxi, you could make a claim against the cab driver or whoever was at fault for the accident. This guide explains the claims process, obtaining evidence, and offers some compensation examples
To learn more about claiming compensation from the MIB for an accident caused by an untraced driver, head here. You can learn about whether you need to accept the MIB’s first offer, and how to get help from a No Win No Fee solicitor.
Road Traffic Act 1988 – This legislation covers road offences.
THINK!– The government’s road safety campaign.
Thank you for reading our guide on claiming road accident compensation.
Article by AO