Road Traffic Accident
Have you been involved in a road traffic accident that wasn’t your fault?
What are the time limits to submit road traffic accident claims?
You must have been injured within the past three years to be eligible for road traffic accident compensation. You must have been partially or entirely at fault for the accident.
- You have three years from the date of the accident to file a personal injury case if you were at least 18 when the traffic accident occurred.
- If you were younger than 18 and no claim was made at the time, you have three years to file a claim from your 18th birthday until your 21st.
In some cases, you may be able to keep your license for longer. You or your loved one have suffered a severe brain injury or head injury .
For impartial and free advice, call 01902 779 071 if you are feeling uneasy. We will answer all of your questions and let if you think that you might be eligible for a no-win, no-fee claim.
We promise you that we won’t pressure or rush you into filing a claim. We are here to provide impartial advice on road accident compensation that will help you make the right decision for you. If you are eligible and agree to proceed, we will pair you up with one of our specialist road accident solicitors. Usually, we can do both on the same phone call.
Common types of road traffic accident
The following categories account for nearly all traffic accidents:
- Car accidents
- Passenger accidents
- Pedestrian accidents
- Cycling accidents
- Motorcycle accidents
Do not worry if your road accident injury isn’t as severe. You may have fallen while riding your horse on the roads. We will still be able provide sound, independent advice.
What's usually covered by compensation?
Every claim is unique. The amount you can be awarded will depend on the severity of your injury, how long it took to heal, and how much financial impact this had on your life. Road traffic accident compensation amounts can vary widely.
Our no-win, no-fee lawyers will generally seek to recover damages for any adverse effects your injuries have had. These include:
- Loss of earnings and time off from work
- Future income loss and its effects on your job prospects.
- Changes in your ability to work.
- Even if it was given to you by your family or friends, care or support that you have received is important.
- As a result, you may need to make any necessary changes to your vehicle or home.
- All travel expenses you have incurred, such as to attend treatment.
- Any specialist treatment you receive is not covered by the NHS.
There are many factors that go into a road traffic accident claim. It’s difficult to estimate how much it may be worth. You will get an idea of the value of your road traffic accident claim when your solicitor begins negotiating with the insurers on the other side. Our road traffic accident experience spans more than 28 years. Why not use our road accident compensation calculator. This will give you an idea of what to expect from a successful claim.
What are early compensation payments?
Also known as interim, or immediate needs payments, early compensation payments can also be called interim payments. These payments are made to those who require financial assistance before their claim for compensation is settled. There are many reasons this could happen. It happens when road traffic injuries are so severe that it causes real difficulties.
You could get early payments to cover the cost of housing your family near where you are being treated. You might receive them to pay rent, mortgage, or other bills if you are on reduced or statutory sick leave.
Your solicitor can help you secure compensation payments if you are unable to pay for the financial consequences of your injury. Your final road traffic accident settlement will be negotiated by them.
Call us at 01902 779 071 for more information. You can also check if there is a claim online, or book a call back with our team.
How do I pay for a road accident compensation claim?
This is done with a agreement, also known conditional fee agreements. This is the agreement between you and your personal injury lawyer who charges no fees.
There are no hidden costs or upfront costs. However, if you win your claim, you will be required to pay all costs and expenses that were not covered by the other side out of your compensation. As the other side is not required to pay any legal fees, this is likely to occur in most cases.
These costs are not deducted from your compensation. They may also include:
- A’success-fee’ that compensates the solicitor for taking the risk. If your claim is rejected, they won’t get paid.
- Other legal expenses or costs not recovered by the other side, including legal expense insurance costs.
Your solicitor will arrange insurance protection for you when you file your claim. This insurance is also known as ATE (After The Event). If the claim is denied, the insurance will pay for the costs of the other party. You won’t be required to pay the ATE insurance if you don’t get any compensation. If your claim is approved, the fee will be deducted from your compensation.
This will be discussed with you by your solicitor at the beginning so that you know what to expect when you settle your claim. You pay nothing to anyone if you do not win your claim. It’s that simple.
What should I do after a road traffic accident?
Nobody expects to be in a traffic accident. They happen every hour of every day. It can be difficult to deal with the shock of an accident. Here are some things you can do in order to avoid becoming disoriented.
What to do immediately after
- You must stop the vehicle as quickly and safely as possible. Remember, you will be charged with an offense if you continue driving.
- Turn off the engine, turn on your hazard lights and see if anyone has been hurt.
- Notify the police if you are involved in a minor accident that does not result in injury. People may later seek compensation for injuries.
- Call 999 immediately if anyone is hurt or the road is blocked.
- Keep calm and do not admit to fault – that is up to others.
When should I call the police?
- If another driver leaves the scene, they must swap vehicle and insurance details.
- You should report if you suspect that the other driver is not insured or is using drugs or alcohol.
- If you believe that the accident was intentionally caused,
You should immediately report any road traffic accident to police. It is a crime not to do so. This could result in you being disqualified, fined or collecting points. Keep track of the police constabulary you reported it too, along with their contact information and the incident number that they gave you. These details will be useful later when you file a claim for road traffic accident compensation.
What details do I need to gather at the scene?
- If the accident results in injury, vehicle damage, or both, then you must exchange names and addresses with all parties.
- Note the registration number, make and model of the vehicle in question, as well as its colour.
- You can exchange insurance information with the other driver. Keep a list of your motor vehicle insurance company and policy number in your purse or wallet. This will make it easy to find them quickly.
- Keep track of names and addresses of other passengers or witnesses.
- Ask the driver who is registered to own the vehicle. If the answer is no, inquire about who is (e.g. if it’s a company vehicle).
- In the event that a road traffic accident occurred with a vehicle using foreign plates, obtain the registration number, make and model, as well as the colour.
- It was either a commercial vehicle, HGV or commercial vehicle. Make sure you get the trailer’s registration numbers. They can be different. Also, make sure to note the contact information and company name on the side.
What additional information should I gather at the scene?
- Note the date and time of the crash, as well as the weather conditions, road conditions, and lighting, if any.
- Take note of any damage to the vehicles involved. If possible, take photos of the accident scene and damage.
- Notify drivers and passengers if they sustain injuries.
- Take note of the location of any CCTV cameras.
Dashcams are becoming a common tool for many people. These are very useful evidence in road accident claims as they capture everything exactly as it happened. The dashcams usually record to an SD memory card. Keep the footage safe. If you file a claim for road accident compensation, your solicitor will be grateful.
What is the legal process to make road traffic accident claims
It can be difficult to understand legal matters. Your road traffic accident lawyer will help you. We explain the process of road traffic accident claims.
Road traffic accident claims up to £25,000
Personal injury claims ranging from PS1,000 up to £25,000 are generally called single-track or fast track claims. In 2021, new rules will be implemented for fast track claims. These limits will now range from £5,000 to £25,000. General damages for pain and suffering of less than £5,000 will now be considered a small claim. Terms with no win, no fee will be available for funding small claims. This way you won’t have to pay any fees if your claim fails.
These types of road traffic accident claims can be made by solicitors through the Claims Portal, an online system that is managed by the Ministry of Justice. It is used by solicitors to process claims for whiplash injuries, minor fractures, and cuts.
If the other side assumes responsibility for a road traffic accident
- If the side that is responsible for the accident admits fault, the claim will continue through the portal until it is settled.
- Your solicitor will negotiate with the other side until they can reach an acceptable amount of compensation that you are happy with.
- Around four weeks after settlement of the claim, your solicitor will be paid by the insurance company.
- Your solicitor will deduct a predetermined and capped amount of your compensation to pay you for winning the case. Then, you’ll be paid the rest.
If the other side denies, or disputes liability for a road traffic accident
Your road traffic accident claim will be removed from the internet to proceed to court hearing if the other side denies or disputes liability.
- First, it is very rare for road accident claims to be brought before a judge. Even if your solicitor requests a hearing, most cases are settled out-of court.
- The other side’s solicitor will then begin proceedings.
- It is a set process, with all the key dates being determined by the court.
- While negotiations are ongoing, we will try to reach an agreement.
- A court hearing may be necessary if the claim is to be heard in court. The judge will usually decide the outcome.
- Your solicitor may require you to attend the hearing. However, your solicitor will inform you in advance and take care of everything on the day.
- If you win your case in court, you will be paid compensation.
- You don’t pay anything if your claim is denied.
- Road traffic accident claims can be appealed, but only for cases involving uninsured or untraceable motorists or hit-and-run injuries. The Motor Insurers Bureau manages this.
Road traffic accident claims for £25,000 or more
Multi-track claims are those that involve road accidents and have a value greater than PS25,000.
- It is often because of serious injuries that can cause life-threatening or even fatal consequences.
- Complex circumstances may have led to a road traffic accident that required thorough investigation. Accidents involving multiple vehicles are one example.
- Multi-track claims can be handled outside the government Claims Portal, but they still require establishing liability and negotiations with the insurance company.
- Multi-track claims that are larger take more time to settle than those on fast tracks.
- Your solicitor will inform you early in the process about what type of road accident claim you have.
Will making a road accident claim mean a court appearance?
Who pays for your road traffic accident damages?
Motor vehicle accidents that are caused by another driver
Your insurance company will pay the compensation if your accident was caused in part by another motorist who drove any type of vehicle on public roads. The driver who caused your road traffic accident will not be left with a large bill.
Uninsured Drivers in Traffic Accidents
You may still be eligible to file a claim for compensation if your road accident injury was caused by an uninsured driver. The Motor Insurer’s Bureau will pay any successful injury claims against an uninsured motorist.
According to the MIB, more than 26,000 people are hurt and 130 people are killed each year in traffic accidents with uninsured motorists. This is approximately 16% of all road deaths in the UK.
The MIB was established to provide compensation for drivers who were involved in road accidents of all kinds. Every year, all UK-based motor insurers are required to contribute to the MIB. People who are hurt by uninsured drivers or are not traceable can claim the compensation they are entitled to.
Hit-and-run traffic accidents
It is frustrating and disappointing when people refuse to accept the consequences of an accident on the road. This is even more true if you or your passenger have been hurt.
You may not have been able to obtain their registration number because the other vehicle might have driven away without stopping . You might not have had a chance to see their registration number or they may not be licensed. If you win your claim, the MIB will compensate you for these situations.
Road conditions that are unsafe
A danger is a damaged or poor road and pavement surface. Traffic accidents can be easily caused by potholes cracks or broken or loose pavements.
Every stretch of pavement or public road in the country is under the responsibility of someone. Everyone has a responsibility to make sure they are safe for use. In the event that your accident occurred on a poorly maintained surface, Highways England or the local council responsible will compensate you.
Road collisions with livestock
An accidently colliding with an animal can cause serious trauma. If you are injured in an accident, the law clearly states that you can bring a personal injury case.
- The animal must be a domestic pet, or a farmer’s livestock.
- You have to be able show the owner that you were at fault for the accident and the injuries.
Certain animals are subject to laws that require you to report any hit to the police. It is a crime not to report the incident to police. These animals are:
- Cows and cattle
- Dogs
- Donkeys and mules
- Goats
- Horses
- Pigs
- Sheep
If your animal is able to survive the impact, you should contact a veterinarian immediately.
Road traffic collisions involving wild animals
This is more common than you may think. There are approximately 1.5 million wild deer in the UK. According to Scottish Natural Heritage there are approximately 9,000 collisions between deer and motorists north of the border each year. If struck, deer can cause serious injury and are very heavy. Injuries to passengers or drivers will occur in 65 percent of these road traffic accidents.
These accidents do not happen in the country. Urban green space is attracting wild animals to our urban areas.
- Wild animals are not under the control of anyone, so there is no potential for negligence on the part of an owner.
- This means that there is no basis for a claim.
What are the most common types of road traffic accidents?
The Department for Transport keeps track of road traffic accidents each year and below are the Top 10 causes. Driver error is the leading cause of road traffic accidents with 108 479 crashes.
- Failed to look correctly: 42.189
- Incorrectly judging another road user’s speed and direction: 21,211
- 17,845
- Poor manoeuvering: 15,560
- 12,151
- 8,687 Pedestrian didn’t look right
- Slippery road surface 7,327
- You are traveling too fast for your conditions: 6,468
- Do not follow too closely to the vehicle in front. 6,040
- Breaking the speed limit 5,102.
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