You may be looking into road traffic accident claims because you’ve been injured on the road from an accident that wasn’t your fault. From this, you may be able to receive compensation if you’re able to prove that another road user’s negligence caused the accident and your injuries.
This guide will explain the car accident claims process and confirm the different types of road traffic accidents (RTA) you may claim compensation from. It will also explain the criteria you need to make a personal injury claim and illustrate the benefits of making a No Win No Fee claim.
If you have any questions or queries about car accident claims, our advisors will be more than happy to help. They can inform you if you’re eligible to claim, are available 24/7 and can even provide you with a free compensation estimate. Furthermore, they can also put you through to our solicitors who specialise in road traffic accident claims.
However, you’re not obliged to use our services to claim should you contact us. Contact us at a time that works for you using the details below.
- Call us on the phone number above.
- Contact us through our website.
- Alternatively, you can write to us using the Live Chat window.
Please read on to learn more about road traffic accident claims.
Choose A Section
- What Is A Road Traffic Accident (RTA) And How Do They Happen?
- The Different Types Of Road Users
- Proving Road Traffic Accident Claims
- What Impact Have The Whiplash Reforms Had On Road Traffic Accident Claims?
- Working With No Win No Fee Road Traffic Accident Solicitors
- Discover More About Road Traffic Accident Claims
What Is A Road Traffic Accident (RTA) And How Do They Happen?
A road traffic accident is any accident that occurs on the road. If you want to know more about road traffic accident claims, you may have suffered an injury from being involved in one. Whether you can claim or not depends on proving that your injury was caused by another party’s negligence.
Every road user in the UK has a duty of care. Therefore, you have to adhere to particular laws when using the road to ensure you do so safely, without endangering others. This duty of care is outlined in the Road Traffic Act 1988 and The Highway Code.
Negligence occurs when a road user injures another person due to not adhering to this duty of care. Therefore, to make a successful personal injury claim, the below three factors need to relate to your injury:
- The third party needs to have a duty of care
- Secondly, they need to have breached this duty, causing an accident
- Thirdly, these actions need to have led to your injury
Only by proving these will you be able to potentially receive compensation.
Road Traffic Accident Statistics
The Department for Transport provides road traffic accident statistics for Great Britain. They also state the number of reported casualties suffered on the road every year to help spread awareness of the potential risks.
In 2020, there were 115,333 reported casualties of all severities on the road. 64,112 of these are related to car occupants, accounting for over half of them. Additionally, there were 13,570 motorcyclist casualties, 16,230 pedal cyclist casualties and 14,717 pedestrian casualties.
The number of road traffic accident claims from these injuries isn’t known. However, you shouldn’t simply assume that you can’t claim. Our advisors can provide car accident claims advice or advice on any accident in just one phone call. Furthermore, they can tell you if you’re eligible to claim. Contact us now using the details above.
The Different Types Of Road Users
There are four main types of road users:
- Car users. You could claim if, for instance, another car collided with yours, injuring you, because the other driver was going above the speed limit. You may have further questions, like “I was a passenger in a car accident, can I claim?” The answer is yes, depending on the nature of your injury. Even if the vehicle driver was at fault, you might be able to claim compensation if you didn’t contribute to the accident.
- Motorcyclists. You may be looking into road traffic accident claims because, for example, your motorcycle collided with another vehicle after it turned on a roundabout at the wrong time. The compensation you could receive for a motorcycle accident, as with any accident, depends on factors such as the extent of your injury.
- Pedal cyclists. Some car drivers may not correctly check their mirrors or may pull out into the road quickly without consideration, leading you to suffer a cycling injury.
- Pedestrians. A pedestrian accident while using the road includes being hit by a car while crossing a zebra crossing or a car colliding with you while walking on the pavement.
Proving Road Traffic Accident Claims
As stated earlier, there are three factors you need to prove to make successful road traffic accident claims. The third party needs to have a duty of care, which they then breached, resulting in your injury. However, when considering how to claim compensation for a car accident, it’s important to bear in mind the importance of evidence.
Evidence is vital when claiming compensation because, without it, you wouldn’t be able to prove that your injury was caused by negligence. It can help establish causation between the third party’s actions and your injury. Evidence that can be important includes:
- CCTV or dashcam footage
- Witness statements
- Photographs of your injury and the scene
- Medical scans
- An independent medical assessment of your injuries
Evidence like this is also crucial if you’re looking into cycling accident claims or compensation for a bike accident. This is because, with any personal injury claim, the onus is on the person claiming to prove that negligence caused their injury.
What Is The Personal Injury Claims Time Limit?
Another important aspect of making road traffic accident claims involves the period of time you have to begin claims proceedings. The Limitation Act 1980 clarifies that, with most claims like this, you need to begin the claim within three years of the injury occurring or three years of you being made aware that it was caused by negligence.
However, there are two important exceptions to this:
- Firstly, if you want to claim for any incident you suffered as a child, such as being injured while cycling, you have three years from the date of your eighteenth birthday to claim. However, before your eighteenth birthday, a litigation friend could claim on your behalf.
- Secondly, if you don’t have the mental capacity to claim, you can appoint a trusted person to claim on your behalf as a litigation friend. If you recover mental capacity, you would have three years from the date of recovery to claim.
Usually, road traffic accident claims compensation can be accessed through the relevant insurance companies. However, if you’ve suffered an injury due to an uninsured or untraceable driver, you can still potentially claim compensation. In this case, you could receive compensation through the Motor Insurers’ Bureau.
To learn more about this, please refer to our advisors, who are available 24/7. They can provide free legal advice and put you through to a personal injury solicitor who could help you receive compensation.
What Impact Have The Whiplash Reforms Had On Road Traffic Accident Claims?
The way you claim for low-value injuries in road traffic accident claims has changed. The Whiplash Reform Programme was implemented on 31 May 2021. This states that any injury worth less than £5,000 and endured due to a road traffic accident needs to be claimed using a different method. The Whiplash Injury Regulations 2021 outlines this in detail.
Any whiplash or minor injuries valued at less than £5,000 would need to be claimed using the Reform Programme’s online portal. You can view the revised payout amounts for what you could receive for minor injuries below.
| Injury duration | Total amount for one or more whiplash injuries | Total amount for whiplash and psychological injuries |
|---|---|---|
| No longer than 3 months | £240 | £260 |
| Between 3 to 6 months | £495 | £520 |
| Between 6 to 9 months | £840 | £895 |
| Between 9 to 12 months | £1,320 | £1,390 |
| Between 12 to 15 months | £2,040 | £2,125 |
| Between 15 to 18 months | £3,005 | £3,100 |
| Between 18 to 24 months | £4,215 | £4,345 |
However, if you’re unsure what your injuries are worth or would like a second opinion, please get in touch with our advisors at a time that suits you. They can provide you with a compensation estimate over the phone. Therefore, by calling them, you could discover that your injuries are worth more than you think. Contact them today using the details above.
Road Traffic Accident Compensation Payout Examples
For injuries worth more than £5,000, you would make road traffic accident claims through the usual method. There are two potential types of compensation you could receive in these cases.
General damages relate to the physical and psychological damage caused by the injury. Special damages, meanwhile, relates to the financial losses caused by the injury. For example, you may be able to claim for loss of earnings caused by being unable to work. Other examples include loss of future earnings, private medical care costs and travel costs.
However, there is one issue to bear in mind: you wouldn’t receive special damages compensation if you don’t receive compensation for general damages. This is because, by not being eligible to claim general damages, your injury may not be deemed as caused by third-party negligence.
The Judicial College provides an idea of what you could receive for general damages. They do this by analysing previous payouts and comparing them to the severity and extent of the injury caused. By doing this, they’ve built compensation brackets which you can see below. The Judicial College has provided these figures.
| Injury Type | Severity | Compensation Amount | Description |
|---|---|---|---|
| Psychiatric Damage Generally | Severe | £51,460 to £108,620 | Cases in this bracket result in the injured person having marked problems relating to their ability to cope with work, life and education and the effect the injury has on the injured person's relationships with friends and family. The prognosis will be very poor. |
| Reproductive System: Male | Impotence | £40,370 to £73,580 | This bracket is for an injury leading to impotence that is most likely permanent. This level of compensation would be appropriate for a middle-aged man with children. |
| Chest | Traumatic | £61,710 to £94,470 | This bracket is for a traumatic injury occurring to the chest, lung(s) and/or heart leading to functional impairment and permanent damage. As such, there is also a reduced life expectancy. |
| Brain | Moderate | £85,150 to £140,870 | This bracket is for injuries that cause moderate to modest intellectual deficit, a reduction in their ability to work with some risk of epilepsy. |
| Eye | Loss | £51,460 to £61,690 | This compensation bracket is for if the injured person has suffered the total loss of one eye. |
| Kidney | Significant | Up to £60,050 | This injury leads to a significant risk of urinary tract infection in the future. |
| Neck | Severe | £61,710 to £122,860 | Injuries in this bracket include damage to discs in the cervical spine or serious fractures which can lead to disabilities that lead to permanent brachial plexus damage, for instance. |
| Back | Moderate | £11,730 to £26,050 | This bracket includes many frequently occurring back injuries such as ligament and muscle disturbances causing backache and soft tissue injuries leading to the exacerbation of a pre-existing condition or injury. |
| Shoulder | Moderate | £7,410 to £11,980 | Injuries in this bracket include frozen shoulder causing movement limitation, with discomfort and symptoms lasting for around two years. |
| Clavicle | Fracture | £4,830 to £11,490 | The compensation awarded for injuries in this bracket depend on things like the extent of the fracture and the level of disability caused. |
If you’d like our advisors to value your claim for free, why not get in touch?
Working With No Win No Fee Road Traffic Accident Solicitors
You may be unsure what the benefits of making a claim using a No Win No Fee agreement are. The benefits include:
- Not paying your solicitor’s legal fees during the claims process or if the claim is unsuccessful.
- Only paying the solicitor’s legal fees once your settlement has been agreed upon and it’s come through. Your solicitor would take a small, legally capped compensation amount to cover their legal costs.
- No hidden fees. Your solicitor would be direct and upfront about any potential fees.
Due to these benefits, some people find it more financially beneficial to use the services of a solicitor through claiming using this method. However, it does mean that the No Win No Fee solicitor will only take your case if they feel your claim has a reasonably good chance of success.
Our expert solicitors offer No Win No Fee agreements. Our advisors can put you through to them once confirming your eligibility to claim. They offer free legal advice, are available 24/7 and answer any queries about road traffic accident claims. Additionally, they can also inform you if you’re eligible to claim and provide you with a compensation estimate. Contact them today using the below details.
- Call us using the phone number above.
- Contact us through our website.
- Alternatively, you can write to us using the Live Chat window.
Discover More About Road Traffic Accident Claims
Use the links below to learn more about road traffic accident claims.
If you’ve broken a bone and would like medical guidance, please refer to the NHS website.
The NHS also provides a psychological therapies service that you may find useful to learn about.
More road safety data from the Department for Transport can be found on the Government website.