Advice On Road Traffic Accident Claims
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Learn how we could help make road traffic accident claims.
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Advice On Road Traffic Accident Claims
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Learn how we could help make road traffic accident claims.
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Everything You Need To Know About Road Traffic Accident Claims
Suffering a road accident can cause a wide range of injuries and have a significant impact on your life. If you have suffered these injuries due to the carelessness of another road user, you may wish to learn more about road traffic accident claims.
Essential Information
- Negligence must have occurred to have a valid road traffic accident claim.
- You may be able to make a split liability claim if you were partially responsible for the accident which caused your injuries.
- Through the Motor Insurers’ Bureau (MIB), you can claim against untraced, uninsured and foreign-registered drivers.
- You may be able to include compensation for your financial losses in your claim in addition to your pain and suffering.
- It is essential to submit your road traffic accident claim on time and to begin collecting evidence as soon as possible.
To discuss your particular case today, you can contact our advisors here at No Win No Fee Solicitors Co. :
- Contact us online.
- Call 0333 091 8598.
- Speak to us directly by messaging on live chat.

Can I Make A Road Traffic Accident Claim?
You could make a road traffic accident claim if you can prove negligence took place. This is when your case meets all of the following criteria:
- Another user of the road owed you a duty of care.
- They breached this duty of care.
- This breach of duty caused you to suffer an injury.
All road users have a duty to navigate the roads safely, thereby avoiding the risk of endangering others. They must follow the rules given in the Road Traffic Act 1988 and the Highway Code.
To see whether you may have an eligible compensation claim, you can contact our advisors.
What If I Was Responsible For The Accident?
You can still make a compensation claim even if you were partially responsible for the road accident. However, under the concept of split liability, the liability will be divided between you and the other party.
For example: You’re speeding on the road, and a drunk driver collides with your car, injuring both of you. The experts working on your claim will assess all the evidence and decide the extent of responsibility of each party. If it is decided in this particular case that both parties are equally responsible, then you will be awarded 50% of the compensation had you not been liable at all.
The amount of compensation you receive will depend on how liable you are deemed to have been.
Can I Claim Against An Uninsured Third Party?
If the party pays you compensation, it would be through their insurance company. But the problem arises when the driver who caused your accident does not have any insurance. However, you need not worry, as you can claim through the Motor Insurers’ Bureau (MIB).
The MIB helps the victims of:
- Untraced/unknown drivers.
- Uninsured drivers
- Accidents due to foreign-registered vehicles in the UK or Europe.
It is recommended that you gather as much information as possible about the driver. If the driver is still untraceable, note down any available information, such as the car’s model, colour, and license plate number.
Section 170 of the Road Traffic Act 1988 makes it a punishable offence if the car which has caused the accident doesn’t stop. This is called a ‘hit and run’ offence, and you must make a police report even if the driver doesn’t stop. The police report would help to serve as a record of the accident details, which would be useful evidence in your claim.
What If I Was Hit By A Foreign Vehicle?
If you’ve had an accident with a foreign vehicle, you can claim through the MIB’s Green Card System. The green card covers 47 countries in Europe, Asia, and North Africa and serves as proof of the minimum insurance required by the country’s laws. The UK is included in the Green Card Free Circulation Area (GCFCA), which comprises the following countries in addition to the 30 European Economic Area (EEA) nations:
- Switzerland
- Serbia
- Andorra
- Bosnia and Herzegovina
- Montenegro
Meaning, if you were involved in an accident with a foreign vehicle in the UK, you could still claim.
Can I Claim If My Accident Happened Outside The UK?
You may be able to claim for a road accident outside the UK. However, in most cases, you would have to claim within the country of the accident according to local procedures. We understand that this can be complicated, but you should still collect all the evidence and communicate with the party’s insurance company.
Can Road Traffic Accident Claims Be Made On Behalf Of A Loved One?
You can make a road traffic accident claim on behalf of the following individuals by becoming a litigation friend:
- Minors: Since a minor or a child cannot make their own claim, you can claim on their behalf until their 18th birthday.
- Reduced Mental Capacity: If the victim of a car accident has lost their mental capacity due to their injuries from the car accident or did not possess this mental capacity to begin with, you may be able to claim on their behalf. The Mental Capacity Act 2005 will be used as a reference to determine mental incapacity.
You can apply to become a litigation friend if you are:
- Parent, guardian or any other family member.
- Relative or friend
- Solicitor
- Holder of enduring or lasting power of attorney.
- Independent Mental Capacity Advocate (IMCA)
The court will make the appointment after ascertaining the following:
- You can make a decision fairly and competently on behalf of the victim.
- There is no conflict of interest for you in the case.
Contact us now with any additional questions you may have about road traffic accident claims.
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The Most Common Types Of Road Traffic Accidents
According to research by the Department for Transport, the most common type of road traffic accident in 2023 was caused by a driver or rider error or reaction, leading to 55,336 casualties of all severities.
Of these casualties:
- 29,091 were caused by a failure to look properly
- 15,995 were caused by a failure to judge the path or speed of another road user
- 9,303 were caused by a poor turn or manoevure
To discuss the specifics of your case today, you can contact one of our advisors.
Examples Of Road Traffic Accidents
Here are some examples of the incidents which may lead to road traffic accident claims:
- While the driver of a car has halted at a red light, a speeding motorist behind them is unable to stop in time and crashes into the back of the vehicle.
- A truck driver is busy talking on the phone while driving and fails to notice the bus ahead, resulting in a rear-end collision.
- The driver of a car is intoxicated and drives rashly onto the cyclist path, ramming into multiple cyclists.
- While crossing the road at a zebra crossing, a pedestrian suffers from multiple injuries due to a reckless driver who failed to brake in time.
Have we missed out on your accident here? Don’t worry; just call us at the number above to discuss your case.
How Might My Claim Be Affected By The Whiplash Reforms?
The Whiplash Reform Programme was introduced on 31 May 2021 to bring about the Whiplash Injury Regulations 2021. This law aims to streamline the process of claiming for whiplash and other low-value injuries and applies to accidents which occurred after 31 May 2021. You may be able to claim through this route if:
- You were injured as the driver or passenger of a vehicle.
- Your age is 18 years or more.
- The accident took place in England or Wales.
- Your injuries have been valued at up to £5,000.
If you claim compensation beyond £5,000, you will have to utilise the traditional claims process. Also, when claiming via the new route, any additional injuries you have suffered that are not covered by this tariff will be valued traditionally.
For more questions on whiplash injury claims, call us now.
The Road Traffic Offences That Could Lead To An Accident
According to the Police, the common driving offences which often lead to accidents are broadly divided into dangerous driving and careless or inconsiderate driving. Most of these offences often lead to road traffic accident claims.
A driver can be considered to be committing the offence of dangerous driving if they fail to meet the minimum standard of a careful and competent driver. This includes behaviour which has the probability of endangering the driver along with others, such as:
- Racing, speeding or driving aggressively.
- Overtaking in a dangerous way.
- Driving despite knowing that the vehicle has an unsafe load or a dangerous fault.
- Knowing that you are unfit due to an injury, vision problems, sleepiness, and still driving.
- Driving under the influence of drugs (including prescription drugs) and alcohol.
- Ignoring road signs, traffic signals or warnings from other road users.
- Engaging in distractions by using a handheld device, reading a map or lighting a cigarette.
On the other hand, careless driving is when you drive without showing reasonable consideration to other road users. Some examples include:
- Driving too close to another vehicle without leaving a reasonable gap.
- Missing lanes to rush ahead of other drivers.
- Blinding other drivers with undipped headlights.
- Unnecessarily braking or driving slowly.
- Accidentally missing a red light.
You can speak to our advisors for more information on making a road traffic accident claim due to dangerous or careless driving.
What Injuries Can A Road Accident Cause?
There are many injuries which could occur as a result of road traffic accidents, such as:
- Back injuries: These can range from minor to life-changing, including those affecting the spinal cord. The latter could lead to some form of permanent disability, such as paralysis.
- Head injuries: You may suffer from a concussion or brain damage, which could lead to further life-changing injuries.
- Psychological Injuries: In addition to your physical injuries, you may suffer from psychological trauma due to the accident. Some examples of this include Post-traumatic stress disorder (PTSD), depression, anxiety and panic attacks.
- Injuries to the limbs: There could be minor scrapes, fractures, burn injuries, knee injuries or even the loss of limbs due to amputation.
- Chest Injuries: These injuries could occur due to the sudden impact of crashing against the dashboard or window. This could affect the lungs, causing breathing difficulties.
- Facial Injuries: Depending on the nature of the accident, the victim may suffer from facial scars or lacerations.
- Whiplash and Neck injuries: Due to the sudden halting or impact, the neck may be fractured or there could be whiplash injuries.
Has your injury not been mentioned here? Contact our advisors today to see if you could claim for your particular injury.
What Road Traffic Accident Compensation Could I Get?
For all road traffic accident claims, general damages cover the compensation for your physical and psychological injuries.
Your road traffic solicitor may refer to the Judicial College Guidelines (JCG) when valuing your general damages. The JVG provides compensation guideline brackets for various types of injuries.
You can use our road traffic accident compensation calculator below for a rough idea of the compensation you could get. This calculator is based on the JCG figures. However, please note that this calculator is intended to provide guidance only, and your actual compensation amount may vary.
Total amount for one or more whiplash injuries: 0.00
The Whiplash Injury Regulation Tariffs
As aforementioned, if you are claiming via a different avenue per the Whiplash Reform Programme, your whiplash injuries will be valued in line with the fixed tariff within the Whiplash Injury Regulations 2021.
Since the above calculator does not contain these figures, we have provided some below.
- Whiplash injuries, including psychological trauma- duration of more than 18 months, but not more than 24 months- £4,345
- Whiplash injuries without psychological trauma- duration of more than 18 months, but not more than 24 months- £4,215
- Whiplash injuries, including psychological trauma- duration of more than 15 months, but less than 18 months- £3,700
- Whiplash injuries without psychological trauma- duration of more than 15 months, but less than 18 months- £3,005
Speak to our advisory team for more information on whiplash injury claims.
How Can Compensation Help After Being Involved In A Road Traffic Accident?
Apart from general damages, you may be able to include the following financial losses or special damages in road traffic accident claims:
Loss Of Earnings
You may have lost out on potential earnings due to an inability to work for several days due to your injuries. It is also possible that your injuries have rendered you unable to work at the same level. You could claim compensation for your past and future loss of earnings.
Rehabilitation And Adaptations
If you’ve suffered a permanent disability due to the accident, you may need certain physical aids like wheelchairs and crutches. Additionally, you may need to make modifications to your home or vehicle after your disability. It is also possible that you may require a professional caretaker or family member to assist you with your daily activities. In this case, you may include the costs of hiring the professional or the time your family member devotes to your care in lieu of working.
You may also require rehabilitation or physiotherapy because of your injuries. These costs could also be included in your claim under special damages.
Travel Costs
Apart from medical costs, such as X-rays, prescriptions, physiotherapy, and psychotherapy, you may claim for the cost of travelling to and from these appointments. This could include the costs of train travel and fuel for your vehicle.
Early Compensation Payments
In some cases, you may be able to receive early compensation payments or interim payments if:
- The opposite party has accepted liability for your injuries, or if the claim goes into litigation, there is a reasonable chance of the court holding them liable.
- While waiting for a settlement, there are some costs which you’re unable to meet, such as mortgage or rent payments.
- Some urgent costs arise during the pendency of the claim, such as emergency medical expenses.
Additionally, the amount you seek should be reasonable and less than the total compensation you’re claiming. You will also have to provide medical and financial evidence of the payment you’re requesting.
If you still have any doubts after using our calculator, you can contact our advisors for more information on how compensation is calculated.
What Should I Do After A Road Traffic Accident?
The most important step in road traffic accident claims is to start collecting evidence, such as:
- Medical reports, including prescriptions, test results and notes from your doctor.
- CCTV or dashcam recording of the accident.
- Photographs of the accident and/or visible injuries.
- Contact details of anyone who witnessed the accident and could provide a statement at a later date.
- Financial documents, such as invoices and bank statements, for special damages.
- Employment records to demonstrate the impact on your ability to work.
Additionally, it is imperative to be mindful of the time limit applicable to your claim. The Limitation Act 1980 allows a period of 3 years to start your road accident claim, subject to certain exceptions.
To determine how long after an injury you could claim compensation, speak to us now.
No Win No Fee Road Traffic Accident Claims Solicitors
While it isn’t mandatory to make road traffic accident claims with a solicitor, it is always better to seek expert advice and guidance. Our solicitors offer the following services for your claim:
- Simplifying all the legal jargon.
- Calculating your road accident compensation.
- Collecting evidence.
- Negotiating and communicating with the opposite party.
- Ensuring that the time limit is adhered to,
Our solicitors also offer No Win No Fee services through Conditional Fee Agreements (CFA), meaning that:
- There is no payment for your solicitor’s work upfront or in the middle of the claim.
- If you lose your claim, you won’t have to pay your solicitor for their work.
- In case of a win, you will pay a success fee. This is a percentage of your compensation amount on which the law has placed a limit to avoid extortion.
Contact Our No Win No Fee Solicitors
To see if one of our No Win No Fee solicitors could help you, contact our advisors today at:
- Contact us online.
- Call 0333 091 8598.
- Speak to us directly by messaging on live chat.
More Information
Here are some of our other guides which may help:
- Information on claiming for electric shocks at work.
- Our guide on scaffolding accidents.
- Details on farm accident claims.
You can also read these links to further your knowledge:
- Government guidance on traffic signs.
- NHS guidance on paralysis.
- Information from the Police on road safety.
Thank you for reading our guide on road traffic accident claims.
Frequently Asked Questions
Here are some answers to the frequently asked questions about road traffic accident claims:
Can I Claim If I Wasn’t Wearing A Seatbelt?
Yes, you can claim compensation if you weren’t wearing a seatbelt. However, since you contributed to your injury, your compensation would be reduced accordingly.
Am I Able To Claim If I Was A Passenger To A Drunk Driver?
Yes, you may be able to claim compensation if you were a passenger to a drunk driver. However, if you were aware of how much the driver had drunk before choosing to drive with them, that could impact the compensation you would receive.
Do I Have To Use The RTA Solicitor Recommended By My Insurance?
No, there is no compulsion to engage the services of the RTA solicitor your insurance company recommends. In fact, due to this association, the solicitor may feel pressurised to seek a faster resolution of your claim, causing a conflict of interest. Therefore, it is recommended that you work with a solicitor you feel confident in and who has the best experience with the type of claim you are making.
Will I Need To Go To Court For A Road Traffic Accident Claim?
No, it is not necessary for you to go to court for your claim. If you work with one of our solicitors, they will try their best to seek an out-of-court settlement. However, if your case does need to go to court (due to its complexity or no resolutions being agreed upon) one of our solicitors will help you every step of the way.
How Long Will It Take For My Road Traffic Accident Claim To Settle?
The time it would take to receive your settlement depends on factors like:
- Claim complexity
- Strength of evidence
- Whether the opposite party accepts or denies liability
- Negotiations
- Whether your claim goes to court.
If you make your claim with one of our solicitors, they will provide you with a rough timeline of how your claim would proceed.