What Is The Road Traffic Accident Claims Process?

By Marlon Marquardt. Last Updated 15th July 2022. This guide will explain what the road traffic accident claims process is. It will look at how you can make a personal injury claim if injured in a road traffic accident caused by a negligent third party.

Road traffic accident claims process

Road traffic accident claims process

Have you been injured because of a road traffic accident? The onus is generally on the claimant to prove that they were injured because there was a breach in the duty of care all road users have for each other. This duty comes from the Road Traffic Act 1988 or the Highway Code. When someone is injured in a road traffic accident injuries can vary. Severe injuries can consist of a head injury or a spinal injury.

Public Interest Lawyers can help you if you wish to make a road traffic accident claim. We can provide you with a knowledgeable personal injury lawyer to handle your claim. What’s more, your claim can be handled as a No Win No Fee case. This means that the No Win No Fee solicitors on our panel will not need to be paid until the case has resulted in compensation.

To begin your claim, please get in touch with us on 0800 408 7825. Alternatively, you can email us via our website.

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What Is The Road Traffic Accident Claims Process?

If you are involved in a road traffic accident that has caused you harm, you may be considering a personal injury claim if you suffered harm due to a negligent party. So the road traffic accident claims process we are talking about in this guide is about making a personal injury claim following the incident.

There is no legal requirement to have a solicitor represent your road traffic accident claim. However, they will have the knowledge and experience a case like yours may need. Once a claim is underway both sides will engage in the pre-action protocols. The purpose of enacting the pre-action protocols is to settle a claim early, avoiding court.

What Type Of Road Traffic Accidents Can You Claim For?

During the year ending June 2021, according to Government statistics, an estimated 1,390 people were killed on the roads of Great Britain. Moreover, an estimated 24,530 were killed or seriously injured during the same period.

You can claim compensation for the following types of road traffic accidents that were not your fault:

What is important to remember is that in order to have a valid claim for personal injury compensation after a road traffic accident your case must meet specific criteria.

Your case must show;

  1. You were owed a duty of care
  2. This duty was breached
  3. Negligence caused your injury that could have been avoided.

If you are unsure whether you are eligible for road traffic accident compensation call our advisors for some free advice. Through a consultation that holds no obligation, you can see what options are available to you.

Tips for Navigating the Road Traffic Accident Claims Process

To make a successful car accident claim, you need to prove that your injury was caused by third-party negligence. Part of the claims process for a road traffic accident involves reviewing evidence. Evidence is crucial to illustrating how negligence resulted in your injury.

Our tips that can potentially help with collecting evidence include:

  • Seeing if there is CCTV footage of the incident. This could help illustrate the cause of the accident.
  • Collecting contact details of witnesses. At a later stage, your solicitor can contact them and take statements to help give your car accident claim a better chance of success.
  • Taking photographs of your injury and the accident site. This can help illustrate the extent of your injury and the cause of the accident.
  • Getting copies of doctor’s notes. If you seek medical attention, a medical professional will likely make a report about your injuries. This medical evidence can help detail how the injury has affected you.

Another important aspect of the claims process can involve an independent medical assessment of your injury. A medical professional will review any injuries caused by the accident to determine aspects including prognosis, potential long-term effects, and the likelihood that your injuries were caused by the accident in question. A solicitor from our panel can help organise this meeting so that it is as local to you as possible.

To learn more, please contact us for legal advice that is completely free using the contact details above.

Negotiation Or Court Proceedings

As a result of negotiations, the defendant may accept liability for the claimant’s injuries. Once liability has been established and accepted a settlement can be calculated. Normally the defendant’s solicitor/insurer will offer the claimant a compensation settlement. The claimant’s solicitor will advise them on whether or not the settlement amount is appropriate. If the offer of compensation is too low, the claimant’s solicitor may negotiate for a new settlement amount with the defendant.

If both parties cannot reach an agreement outside of court, they may settle the case in court. And when court proceedings are issued, solicitors representing both parties should continue to negotiate a settlement before a trial occurs.

When To Accept Part 36 Offers?

During the road traffic accident claims process, either party can make a Part 36 offer. A Part 36 offer enables either party to offer the other the option to settle all or part of the claim before the final hearing. Part 36 offers are part of the Civil Procedure Rules 1998. Even if the claimant is partially responsible for the accident they may still be able to claim. A defendant may accept 80% responsibility for a car accident. Therefore paying the claimant 80% of the compensation that has been offered.

Your injury solicitor will normally advise you on whether or not accepting a Part 36 offer is a good idea.

What Is The Road Traffic Accident Claims Process For Court Cases?

It is more than likely that your claim will not go to court as the majority of road traffic accidents claims are settled without the use of courts. However, if the faulting party refuses liability or compensation cannot be negotiated to both parties’ satisfaction, a claim may need to be settled in court.

The court process in the UK for a car accident claim can be similar to that of the negotiations process; only there may be a judge acting as the arbitrator. You, or the solicitor working on your behalf, could present the evidence in your claim before a judge. The other party would do the same and argue their case. A judge would assess the information from both sides to reach a decision. If they found merit in your claim, they would evaluate an award for your compensation based on your injuries and the financial effect they may have had on you.

Our advisers can give you more information about what going to court in the UK for a car accident claim could entail and how a solicitor from our panel could help you with your claim.

Whiplash Reform Programme

The laws changed around how drivers and passengers over the age of 18 will now make a claim if their injuries are valued at £5000 or less. Under the Whiplash Reform Programme, claims of this nature will need to go through a portal set up by the MIB and Government. These rules only apply to accidents on or after 31st May 2021. If you want representation this is still possible however the solicitor will not receive any fees from the opposing side in successful cases.

If you are unsure how much your claim is worth, please feel free to contact Public Interest Lawyers. We can value your claim and advise you on what may be the best route for you to take.

Below we will now look at other processes. The Track a claim will follow may be determined by the judge.

Small-Track Claims

These are less complicated claims that generally have a value of up to £10,000. As with everything there are exceptions.

Fast-Track Claims

Fast track claims can be made for settlements worth £10,000 to £25,000.

Multi-Track Claims

A multi-track claim is a road traffic accident valued at more than £25,000. Claimants making a multi-track claim will have more serious injuries. Therefore, a multi-track claim is more complex and will require more formal proceedings to resolve.

What Damages Could I Receive?

If you make a claim for a road accident through the Government portal, your claim will be valued using a fixed tariff. This is coming from The Whiplash Reform Regulations 2021.

However, if your injuries are worth more than £5,000 or you are not a driver or passenger over 18 years of age your claim will be made the traditional way. This will mean that a publication by the Judicial College will be used to help put a value to your injuries.

We have created this table below using bracket amounts taken from this publication. These figures have been taken from the most up-to-date Judicial College guidelines, published in April 2022. As we have mentioned previously there are two main damages that you could claim: General and special damages. The table below looks specifically at general damages.

However, please be aware that the amount of compensation claimants receive for similar injuries varies depending on several factors. Alternatively, please feel free to call Public Interest Lawyers who can value your claim.

Injury And SeverityDamagesAbout
Severe Back Injuries (i)£91,090 to £160,980Back injuries causing injury to the spinal cord and nerve roots.
Severe Back Injuries (ii)£74,160 to £88,430The injuries include nerve root damage with associated loss of sensation, impaired mobility, impaired bladder and bowel function.
Moderate Back Injuries (i)£27,760 to £38,780Including many different types of injury to the back. The victim could have sustained a compression fracture or crush injury.
Minor Back Injuries (i)£7,890 to £12,510Either a full recovery or recovery to nuisance level could happen without the need for surgery and happen in two to five years.
Severe Neck Injuries (i)In the region of £148,330Injuries which resulted in spastic quadriparesis which may be permanent or paraplegia. There will be little movement in the persons neck.
Severe Neck Injuries (ii)£65,740 to £130,930
Injuries affecting the cervical spinal discs resulting in loss of momement through the neck.
Severe Neck Injuries (iii)£45,470 to £55,990
Injuries resulting in a fracture, dislocation or similar soft tissue injury.
Moderate Neck Injuries (i)£24,990 to £38,490
Fractures or dislocations resulting in immediate symptoms for the victim and which may need to be treated with a spinal fusion.
Moderate Neck Injuries (ii)£13,740 to £24,990
A wrenching injury which may be consistant with severe whiplash.

Successful claimants receive up to two heads of claim. These are general damages and special damages. General damages compensate the claimant for the pain, suffering and loss of amenity caused by their injuries. And special damages pay for anything the claimant may need because of their injuries. For example, special damages may pay for an operation the patient needs.

Special damages can include the following:

  • Medical expenses, including the cost of rehabilitation or surgery
  • Care expenses
  • Reimbursement for lost earnings
  • Travel expenses, such as the cost of hospital parking
  • Mobility equipment and home adaptation expenses

Why Choose Public Interest Lawyers?

Here at Public Interest Lawyers, we can provide you with legal information in a free consultation that carries no obligation to use our panel of personal injury solicitors. However, if your case appears valid and eligible then we will ask if you would like to be connected with a solicitor who has experience and specialist knowledge in cases like yours. Any claims taken on by the solicitors on our panel will be pursued under No Win No Fee terms.

What Is No Win No Fee?

No Win No Fee solicitors do not charge when they take your case on. You do not have to pay them an upfront fee. So, there will be less financial risk involved. With a No Win No Fee claim, you won’t pay a solicitors fee before work begins on your claim. Instead, you will sign a Conditional Fee Agreement (CFA). Therefore you will pay a success fee on the condition that your solicitor wins your claim.

No Win No Fee solicitors will only take your case on if they feel it has a reasonable chance in concluding in a positive outcome. So, you can feel confident when you make your claim.

To begin your compensation claim for a road traffic accident, please contact Public Interest Lawyers today.

  • Call our claims helpline to speak with an advisor. Call us on 0800 408 7825.
  • Contact us directly using our website.
  • Or ask us a question right now. Just type your question into the chat widget on the bottom right-hand side of your screen.

How Else Can We Help Victims Of Road Accidents?

We appreciate you taking the time to read our guide to claiming compensation for injuries caused by a traffic accident. Please feel free to read these related guides to learn more.

Car Accident Compensation Claims For Crashes On A Public Road Guide

I Had A Car Accident That Wasn’t My Fault – Am I Eligible To Claim Compensation?

£18,000 Compensation Payout For A Broken Foot Metatarsal Claim

External guides;

Get live traffic information to help you plan your journey.

A guide to making vehicle safety checks before you drive.

A government guide for travelling safely during the Covid-19 pandemic.

We appreciate you taking the time to read our guide to the road traffic accident claims process. Please don’t hesitate to contact Public Interest Lawyers if you have any further questions.