Welcome to our Frequently Asked Questions (FAQ) article looking at road traffic accident compensation. We answer questions covering important topics such as the eligibility criteria for making a personal injury claim.
For those wondering how much compensation they could receive for injuries suffered in a road accident through someone else’s negligence, we look at the forms of damage that can be covered by a payout.
You will also see the legal time limit for submitting a claim explained, as well as the process for claiming if the driver is uninsured or unidentified.
Finally, we review the benefits of the No Win No Fee legal services provided by our panel’s expert solicitors. You can get even more information about the claims process and have your potential personal injury case evaluated through a completely free consultation with one of our advisors. All you have to do is choose one of these options:
- Call our 24/7 phone service on 0800 408 7825.
- Contact us online to arrange a call.
- Talk to an advisor through the live support option below.
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- When Can I Claim Road Traffic Accident Compensation?
- How Much Road Traffic Accident Compensation Could I Receive?
- What Is The Time Limit When Claiming For A Road Traffic Accident?
- Can I Claim If The Other Driver Didn’t Stop Or Is Uninsured?
- What Evidence Do I Need In Road Traffic Accident Compensation Injury Claims?
- What Are The Benefits Of Using No Win No Fee Personal Injury Solicitors To Claim?
- More Resources About Claiming Road Traffic Accident Compensation
Your ability to make a road traffic accident claim depends on being able to show you have a valid case against another road user. Anyone using the road must uphold their duty of care, which is to use the roads in a way that prevents injury and damage to themselves or others. There is a greater responsibility on vehicle drivers when it comes to vulnerable road users such as pedestrians.
- Another road user owed you a duty of care.
- They breached this duty.
- The breach led to an accident where you suffered physical and/or psychological harm.
The below examples give an idea of the circumstances that could lead someone to claim compensation in a personal injury case:
- A driver is speeding and not checking the road when they go over a zebra crossing and knock down a pedestrian who was on the road.
- A child is hit by a car being driven by someone under the influence of drugs.
- When turning into a busy intersection, a driver is looking at their phone and not the road. They crash into a car carrying a passenger, who suffers serious injuries.
If you’re unsure whether your case qualifies, do not worry. Just call the number above and an advisor from our road accident claims team can assess your potential case for free.
There’s no definitive way to be sure how much personal injury compensation you will get, as each claim is different. However, typical payouts for road traffic accident injuries will include general damages. This compensates you for the physical harm and mental suffering.
Special damages might also feature in a payout if the injuries affected your financial position. What this means is that you could recover compensation for financial losses like:
- Medical expenses.
- Domestic care fees.
- A loss of earnings if you cannot work or otherwise earn. This can also account for future loss if you have significant injuries with a long-term impact.
Receipts, payslips and bank statements are examples of documents that could be used to tally up special damages. General damages, meanwhile, may be calculated using medical evidence and a set of guideline compensation brackets found in the Judicial College Guidelines (JCG.) The table below features JCG brackets related to injuries you may claim road traffic accident compensation for.
The top entry is not from the JCG or the Whiplash tariffs. It is for illustration purposes. The two Whiplash entries are fixed tariff figures from the Whiplash Injury Regulations 2021. Otherwise, this table is made up of JCG guideline figures. Please only consider this table a guide.
|Multiple Severe Injuries And Costs
|Up to £1,000,000+
|Compensation accounting for more than one serious injury, plus losses and expenses such as a loss of earnings.
|£324,600 to £403,990
|Upper and lower-body paralysis, with the presence of physical pain and a significant effect on communication and senses at the top of the bracket.
|£282,010 to £403,990
|The upper end of the bracket applies to cases with factors such as little to no meaningful response to the environment or language function.
|£219,070 to £282,010
|As in severe cases, payouts for injured people are judged when considering, among other things, life expectancy and their degree of insight.
|£91,090 to £160,980
|Cases of the most serious injuries with severe consequences. The affected person will experience significant pain and disability.
|£38,780 to £69,730
|Disc lesions, fractures of discs or vertebral bodies, or soft tissue injuries resulting in chronic conditions and recurrent disabilities.
|In the region of £148,330
|One example of a case in this bracket is a person who has intractable headaches and little to no neck movement despite constantly wearing a neck collar.
|Severe Leg Injuries
|The Most Serious Injuries Short of Amputation
|£96,250 to £135,920
|For example, extensive degloving, gross shortening or fractures failing to unite, leading to extensive bone grafts.
|Amputation of Arms
|£109,650 to £130,930
|A higher award is likely where a shorter stump makes the use of prosthesis difficult.
|One Or More Whiplash Injuries Plus One Or More Minor Psychological Injuries
|Injuries lasting more than 18 months, but no more than 24 months.
|One Or More Whiplash Injuries
|Injuries last for over 18 months but are resolved within 24 months.
How Do I Make Whiplash Injury Claims?
The Whiplash Reform Programme has introduced changes to the road traffic accident personal injury claim process. Because of this, adult drivers and passengers whose injuries come to a total value of £5,000 or less have to claim in another way. You can claim in the traditional manner if the injury values total above £5,000.
As mentioned before, whiplash injury values are fixed due to the Whiplash Injury Regulations 2021. Injuries that do not feature in the tariff are valued by those typically responsible for valuing injuries during a claim.
If you want to learn more about whiplash claims and soft tissue damage claims or would like more insight into what your final settlement could look like, please give us a call any time.
If you’re wondering how long after a road traffic accident you have to make a personal injury claim, the answer can be found in The Limitation Act 1980. Generally, you have up to three years to start a personal injury claim.
While the three-year deadline is in place for the vast majority of claims, some cases may call for an exception to the normal time limit. For example, an under-18 injured in a car accident cannot start a claim for themselves, but they can start legal action between their 18th and 21st birthdays. However, a trusted litigation friend can be appointed to go through the legal process on their behalf before they turn 18.
If the injured person is judged to be mentally incapable, their window to claim is paused indefinitely. Again, a litigation friend can step in to handle the claim and any potential court proceedings. Should the injured person return to mental capacity without that happening, their three years start from the recovery date.
Just call the number above for further guidance on the time limits for claiming compensation.
Section 170 of the RTA 1988 notes that drivers need to stop and exchange information if someone other than the driver is hurt or if there is property damage.
If you are injured in a road traffic accident for which the driver leaves the scene and is untraceable or if they have no insurance, you can still pursue a personal injury claim.
In order to counter the financial risk of being hit by an untraceable or uninsured driver, each insurance company contributes to a scheme called the Motor Insurers’ Bureau (MIB.) The MIB gives road users the ability to claim personal injury compensation when injured by an uninsured or untraceable driver.
It must be shown that the uninsured or untraced driver is at fault for the accident. If you have any questions about making MIB claims, please call and an advisor can assist you.
You will need evidence to prove third party negligence in any case, but that is especially true if the other road user does not admit responsibility. Examples of proof you could submit include:
- Footage that’s either caught on a dashcam or a road traffic camera.
- Images of the scene, the other driver’s registration number and visible physical injuries.
- Evidence of treatment for your injuries. It’s important to seek medical attention so you get the right care, but also because medical records can act as proof in your road traffic accident compensation claim.
- A police report. You could request a crime reference number if you go to the police station to report criminal activity such as drink-driving.
- Witness contact details.
A solicitor from our panel can be instructed to help collect and put forward evidence. To learn more about how our panel’s solicitors could offer to represent you, give us a call at the number above.
One of the main benefits of working with a road traffic accident solicitor from our panel is the No Win No Fee basis upon which they offer their expert support. If you have a valid claim, you could sign a Conditional Fee Agreement that entitles you to their guidance with no upfront or running legal fees. The solicitor wouldn’t seek any fees from you if the claim failed.
Winning the case would mean the solicitor takes a success fee from the compensation. This will only be a small percentage of your road traffic accident compensation because of a legal cap set out by The Conditional Fee Agreements Order 2013.
So if you’re seeking a solicitor’s help in securing fair compensation or just want to know more about claiming for road traffic accidents, please get in touch today. Our advisors are on hand for informative and straightforward guidance with no strings and no costs.
To reach us, all you need to do is either:
Here are some further guides from us:
- We explain how a cyclist claim against a motorist works.
- An explanation on what a solicitor can do to help if a third party is not admitting liability for an accident.
- Our guide to claiming for a serious injury after a car accident and what a payout could look like.
These resources may also help:
- NHS advice on when to call 999 so you can get medical treatment immediately.
- Road safety laws provided by the road safety charity Think!.
- Government guidance on seeking Statutory Sick Pay from your employer.
Thank you for reading through our FAQ guide. Hopefully, this has answered your questions about road traffic accident compensation. However, if you have any further questions or want to discuss making a claim, please do not hesitate to call.