With various types of road users using the roads every day, there is always a possibility that an accident could occur. If one does, you may suffer various types of injuries. Within this guide, we will explain the eligibility requirements that all road traffic accident claims must meet to be considered valid.
Additionally, we will cover some examples of road traffic accidents you may be able to claim for. We will also share what evidence you may need when making your claim.
Furthermore, this guide will explore what damages you could be compensated for and how a No Win No Fee solicitor from our panel could help you with claiming compensation.
If, after finishing this guide, you have any remaining questions or would like to discuss your personal injury compensation claim, you can contact our advisors:
- Directly through our website
- Calling us on 0800 408 7826
- Using the live chat function on this page
Jump To A Section
- When Can You Claim Compensation For An Accident On The Road?
- What Accidents Could Lead To Road Traffic Accident Claims?
- What Evidence Could Help You During The Claims Process?
- How Much Compensation Could I Receive For My Injuries?
- Will My Road Traffic Accident Claim Require Me To Go To Court?
- Why Use No Win No Fee Solicitors To Claim?
- Learn More About Road Traffic Accident Claims.
When Can You Claim Compensation For An Accident On The Road?
All road users have a duty of care to use the roads responsibly to avoid causing harm. This includes drivers, motorcyclists, pedestrians and cyclists. They must also adhere to the Road Traffic Act 1988 and the Highway Code as part of their duty of care.
To be able to bring forward a road accident claim you must show that:
- You were owed a duty by a road user.
- They breached their duty of care. For example, they were driving under the influence of drugs or alcohol.
- You suffered an injury as a result of this breach of duty.
If you think you may have a valid case, or have any questions about road traffic accident claims, you can contact our advisors.
What Accidents Could Lead To Road Traffic Accident Claims?
Unfortunately, not everyone is a safe driver, and often, you can become injured due to someone else’s poor driving. Some examples of this would be:
- You are run over whilst you are crossing at a zebra crossing due to the driver speeding and not coming to a stop in time, causing you to fracture your leg.
- A vehicle swerves into your lane because it did not check whether the lane was clear before merging, causing you to crash and injuring your wrist on the steering wheel.
- A back injury and broken arm is caused by another driver who is speeding or under the influence of drugs or alcohol and collides with the back of your car.
Don’t worry if your exact circumstances aren’t listed above. There are many different types of road accidents, and our panel of solicitors are experts in handling various types of road traffic accident claims. Please call one of our friendly and knowledgeable advisors for help.
What Evidence Could Help You During The Claims Process?
In order to prove your personal injury claim, you will need to gather evidence. Some examples of evidence that could be useful for toad traffic accident claims include:
- Footage of the accident either from CCTV or from a dash cam.
- Contact details of a witness so they can be contacted at a later date to give a statement.
- Photos of the accident site and also of your injuries.
- Medical records such as X-rays or scans.
- A diary detailing your symptoms and the impact the accident has had on your life.
An expert solicitor from our panel could assist you in gathering evidence to support your claim as part of their services.
How Long Do You Have To Claim?
Typically, you will have three years to start your claim for compensation, beginning from the date on which your road traffic accident occurred. This is outlined by the Limitation Act (1980).
However, there may be exceptions to this rule. This can apply to cases where the impacted person is:
- Below the age of eighteen
- Mentally incapacitated
Since these circumstances prevent the impacted person from making decisions for a claim themselves, the time limit can be frozen. Once the person either reaches their eighteen or regains mental capacity, the three-year time period can begin.
However, there may also be an option for a family member or loved one to act as a litigation friend for their case. This role requires you to make decisions on the impacted person’s behalf. You must represent their interests and maintain communication with their solicitor.
If you have any questions about the legal time limit for your compensation claim, you can speak directly with one of our advisors today. They can also outline the different aspects of how to make a compensation claim and what factors impact your compensation total.
How Much Compensation Could I Receive For My Injuries?
Road traffic accident injuries can range from more straightforward matters that resolve with some time all the way up to the most serious of injuries that require permanent and ongoing care or rehabilitation.
If you are successful in your claim, damages could be awarded for your injuries and your out-of-pocket expenses.
Damages for your injuries are called general damages and are awarded in all successful claims and compensate you for the pain and suffering that you felt, as well as the general impact your injuries had on your life. Were there things you couldn’t do because of your injuries? Daily pleasures you had to give up? Things like this can affect the amount you can expect to receive under general damages.
Those valuing your claim may use the Judicial College Guidelines (JCG) to help them. The JCG gives guideline compensation brackets for various injuries and will often be used alongside a medical report that details your injuries.
Below is a table of some injuries and the suggested compensation guidelines for them, but it is important to remember that every case is unique and that these are only guidelines.
Please note that the first entry does not come from the JCG and the bottom two figures come from The Whiplash Injury Regulations 2021. We will discuss this in more depth in a later section.
Compensation Table
| Injury | Compensation Guideline | Description |
|---|---|---|
| Multiple Severe Injuries And Additional Special Damages - Very Severe | Up to £1,000,000+ | A compensation settlement that accounts for numerous significant injuries and financial losses like a loss of work earnings and prescription fees. |
| Back - Severe (i) | £111,150 to £196,450 | Damage to the spinal cord and nerve roots including incomplete paralysis and significantly impaired bladder, bowl and sexual function. |
| Facial Disfigurement - Very Severe Scarring | £36,340 to £118,790 | Typically involving young claimants (teens to early 30s) where there is a significant cosmetic affect and the physiological reaction extreme. |
| Pelvis and hips - Moderate (i) | £32,450 to £47,810 | Significant Injury that may have included hip replacement. |
| Leg - Less Serious (i) | £21,920 to £33,880 | A fracture with incomplete recovery including a metal implant, permanent limp and impaired mobility. |
| Knee - Moderate (i) | £18,110 to £31,960 | Dislocation or torn meniscus with minor instability, wasting, weakness or other mild future disability. |
| Wrist - Less Severe | £15,370 to £29,900 | A wrist injury with some permanent disability but some useful movement.remains |
| PTSD - Moderate | £9,980 to £28,250 | An injury from which there is largely a recovery and any ongoing effects are not overly disabling |
| Elbow - Moderate or minor (iii) | Up to £15,370 | Simple fracture or laceration with recovery after 3 years and/or after surgery. |
| Whiplash Tariff | £4,215 | A whiplash injury that lasts more than 18 months, but no longer than 2 years. |
| Whiplash Tariff | £4,345 | A whiplash injury and psychological injuries that lasts more than 18 months, but no longer than 2 years. |
You may find our compensation calculator helpful if your injury is not on this table.
Special Damages
The second type of damages relates to your out-of-pocket expenses and is known as your special damages. This could include:
- Loss of earnings.
- Rehabilitation costs e.g. physiotherapy.
- Care costs (even from family members).
- Travel expenses.
Not every claim will have special damages, but if you have any out-of-pocket expenses that you would like to claim, it is very helpful for you to provide any receipts, invoices, or bank statements that you have that prove these losses.
How Do You Claim For Minor Injuries And Whiplash?
Claims for some less serious injuries suffered on the roads in England and Wales are made via a different avenue due to the Whiplash Reform Programme. This applies to cases where:
- You are 18 or over.
- You were a driver or passenger involved in an accident.
- You have suffered a minor injury worth £5,000 or less, such as whiplash.
Furthermore, these whiplash injuries will be valued in line with the tariff set out in the Whiplash Injury Regulations 2021. These are fixed amounts, and we have featured some of them in the table above.
If you think these may apply to you, get in touch with our advisors to see how you would make your whiplash claim.
Will My Road Traffic Accident Claim Require Me To Go To Court?
Most road traffic accident claims do not require you to go to court. It is generally cheaper and quicker for all parties involved to agree on a settlement outside of court.
You or your solicitor will also need to follow the Pre-action Protocol. These are the measures that must be taken before the court will consider your claim. You should communicate with the defending party and attempt to reach an agreement between yourselves.
However, more complicated cases may require you to attend court. Factors that may influence this include:
- Whether the defending party is willing to accept liability for the incident or not
- Whether you can reach an agreement on the amount of road accident compensation owed
- The amount and severity of the injuries that you have suffered
- The length of time your claim has been going on for
- Whether you are seeking an interim payment (this is a payment that you may seek to receive before the case has been settled)
Whether or not your claim goes to court, a solicitor from our panel could help you at all stages of your road traffic accident claim. If eligible, they will make all the necessary efforts to reach a settlement in an efficient manner.
Why Use No Win No Fee Solicitors To Claim?
Legal costs can be a worry when thinking of making a claim. Our panel of solicitors operate on a No Win No Fee basis by offering their clients a Conditional Fee Agreement. This type of agreement offers several benefits, including:
- Not having to pay upfront for the work your solicitor does.
- Not having to pay for ongoing work.
- Nothing to pay for their services if the claim fails.
- A success fee will be due to your solicitor if the claim is successful. This is a percentage of your compensation but has a legally imposed maximum.
If you would like to work with one of the solicitors on our panel who are experts in road traffic accident claims, you can contact us today by:
- Directly on our website
- Calling us on 0800 408 7826
- Using the live chat function on this page
Learn More About Road Traffic Accident Claims
Here are some guides by us:
- See when you could claim for a crushed ankle injury within this guide.
- How much compensation might you be awarded if you have suffered facial scarring in a road traffic accident.
- Guidance on claiming for a broken forearm and how much compensation you may receive.
External resources:
- Receive some advice for road users from Think!
- Read about the number of reported road accidents from the Department of Transport.
- Guidance on whiplash from the NHS.
If you have any additional questions regarding road traffic accident claims that have not been covered in this guide, you can contact our advisors.