A Complete Guide To Road Traffic Accident Compensation Claims

A road traffic accident has the potential to be a life-changing experience, leading to long-lasting injuries and financial costs. If you or a loved one have been injured in a road traffic accident, you may be wondering about the benefits of claiming compensation and how it could help you move forward with your life. In our guide to making road traffic accident compensation claims, we look at when and how you may be eligible to seek compensation.

We break down everything you need to know, covering the eligibility criteria traffic accident claims must meet, injuries you could claim for and how compensation may be calculated. Our guide also covers how to claim if injured on public transport, in a hit-and-run, or whilst crossing the road as a pedestrian. Finally, we discuss how the claims process works, what evidence you might need, and how a No Win No Fee solicitor from our panel could support you.

At Legal Helpline, we are here to help you get the compensation you deserve. Take the first step on your compensation journey by:

• Click below to speak to an advisor online.
• Calling 0333 000 0729.
• Using our contact page.

Select A Section

• Am I Eligible To Claim Compensation For A Road Traffic Accident?
• Common Injuries You Can Claim For
• Average Compensation For Road Traffic Accidents
• Accidents With Buses Or Other Public Transport – What You Need To Know
• I Was The Victim Of A Hit-And-Run – Who Do I Claim Against?
• Making A Compensation Claim As A Pedestrian
• How To Make Road Traffic Accident Compensation Claims
• How Our Panel Of Solicitors Can Help You Claim
• More Information

Am I Eligible To Claim Compensation For A Road Traffic Accident?

If you or a loved one have been injured in an accident on the road, you must meet certain eligibility criteria in order to have a valid compensation claim. The basic criteria you need to be aware of for road traffic accident claims are:

• A road user had a duty of care to you.
• The road user breached this duty.
• You suffered an injury due to this breach.

All road users, including drivers and cyclists, have a duty of care to use roads in a manner that is both safe and responsible so as to avoid causing harm to each other. To fulfil this duty, anyone navigating Britain’s roads must adhere to legislation, rules, and guidance found in both the Highway Code and the Road Traffic Act 1988. If you suffered an injury because someone exceeds speed limits, fails to follow traffic signals, or otherwise breaches this duty, you may have grounds to make a claim.

Contact our team if you have questions about how eligibility affects road traffic accident compensation claims.

Common Injuries You Can Claim For

According to the Department for Transport’s (DfT) 2023 report, there were 132,977 road casualties of all severities in Great Britain, including 29,711 who suffered serious injuries or were killed. Keep reading as we detail which injuries can result in a road accident compensation claim.

Common Injuries

Road traffic accidents can lead to injuries ranging from significant permanent disability and chronic pain conditions to whiplash. Let’s take a look at some injuries commonly seen in road traffic accident compensation claims:

• Whiplash and other neck injuries: Whiplash occurs when the head jolts forward and back suddenly, straining ligaments and muscles in the neck.
  • You suffer whiplash after a distracted driver rear-ends your car whilst you are at a junction.
• Head and brain injuries: May range from a mild concussion to a severe traumatic brain injury. Even minor brain injuries could lead to cognitive difficulties and memory problems.
  • A driver exceeding the speed limit loses control and collides with your vehicle in a t-bone accident, resulting in a serious head injury when you strike the side of the car and steering wheel.
• Spinal cord and back injuries: These may lead to partial or complete paralysis, herniated discs, or other fractures, leaving claimants with mobility issues and chronic pain.
  • You suffer back and spinal injuries after a high-speed, head-on collision with a driver swerving into your lane.
• Broken bones and fractures: Vehicle occupants and pedestrians could suffer fractures from crushing injuries. Fractured bones may heal quickly but sometimes require surgical intervention.
  • A driver fails to check their mirrors at a junction, hitting your bicycle and leaving you with a fractured leg.
• Psychiatric harm: Being involved in a road traffic accident can also result in serious psychiatric injuries, such as post-traumatic stress disorder (PTSD).
  • You develop PTSD and suffer head trauma when a drink driver fails to break at a pedestrian crossing and hits you with their car.

To discuss your road traffic accident injuries, get in touch today for tailored advice from our team.

Average Compensation For Road Traffic Accidents

According to the Judicial College Guidelines (JCG), you could be awarded between £396,140 and £493,000 if you suffered very severe brain damage. However, the level of compensation you receive for your road traffic accident claim may depend on multiple factors, including the severity of your injuries.

How Compensation Is Calculated

Road traffic accident compensation claims may be made of two heads of claim. These are:

• General damages: Covers someone’s physical and/or psychological pain and suffering.
• Special damages: Compensation for financial losses.

General damages take into account considerations like how extensive your injuries are, the impact on the quality of life, and whether there is a need for long-term rehabilitation. Your solicitor may use your medical records, a report from a medical examination, and the JCG to help assess the value of general damages. The JCG is a publication that lists compensation brackets for a variety of injuries, including those resulting in a severe disability.

The first entry in our table is an illustration of general and special damages taken together and does not come from the JCG. The final two entries are taken from the fixed whiplash tariff (discussed further below). Please also note that this table is used for guidance only.

Special Damages And How They Affect Your Claim

As well as general damages, you may be able to claim for financial losses as part of your road accident compensation claim. You must provide clear evidence of such losses, which may include:

• Payslips showing any loss of earnings due to your injury.
• Invoices for medical treatment.
• Prescriptions and receipts for medication.
• Tickets for travel to medical appointments.
• Invoices for domestic care services, such as help around the home or childcare.
• Invoices and statements detailing modifications and adaptations made to your home or vehicle.

Regulations For Whiplash Claims

The Whiplash Injury Regulations 2021 changed how you claim for whiplash injuries sustained in road traffic accidents in England and Wales. These regulations introduced a fixed tariff for certain claims and were brought into place as part of the Whiplash Reform Program (WRP). In short, it means that a claim must follow an alternative process if you meet the following conditions:

• You are at least 18.
• You were either a driver or a passenger at the time of the accident.
• Your injuries are valued at £5,000 or less.

For more guidance on how your claim may be valued, please reach out to one of our friendly advisors.

Accidents With Buses Or Other Public Transport – What You Need To Know

You may also be able to claim compensation if you were injured in an accident involving a bus or other form of public transport. Like other road users, bus drivers must adhere to the rules, regulations, and guidelines set out in the Highway Code and Road Traffic Act. In addition, under the Highway Code, those in control of larger vehicles have a greater responsibility to ensure the safety of vulnerable road users such as motorcyclists, cyclists, and pedestrians.

If you have been injured in a bus accident, you can discuss your specific situation with one of our trained advisors.

I Was The Victim Of A Hit-And-Run – Who Do I Claim Against?

Who you claim against after a hit-and-run accident may depend on whether an at-fault driver is identifiable, untraceable, or uninsured:

• Identified: You may make a road traffic accident compensation claim directly against the driver at fault. Their insurance company will be responsible for paying out any compensation awarded.
• Untraced/Uninsured: In such cases, road accident claims may be made through the Motor Insurers’ Bureau (MIB). This is an organisation funded by the UK motor insurance industry with the aim of compensating victims of road accidents where an untraced or uninsured driver was at fault.

In order to make a claim through the MIB, you must report the incident to the police within 24 hours. You will also need to provide evidence showing what happened, how you were harmed, and what financial losses were incurred.

Whether claiming through the MIB or directly against a driver, talk to an advisor to learn more about road traffic accident compensation claims.

Making A Compensation Claim As A Pedestrian

Pedestrians are among the most vulnerable road users and are owed the same duty of care we discussed earlier in this guide. To make a claim as a pedestrian, you must show how you were harmed, how another party was at fault, and the impact it has had on you.

For instance, you could have a valid claim in the following circumstances:

• A drink driver fails to break in time whilst you are walking on a pedestrian crossing. Consequently, you suffer severe soft tissue damage.
• You suffer serious ligament injuries when a speeding motorcyclist careers off the road and hits you.

If you are thinking about claiming compensation for a road traffic accident, get in touch with an advisor to find out more about your options.

How To Make Road Traffic Accident Compensation Claims

Below, we explain some key points to help make the process of starting a road traffic accident compensation claim less overwhelming.

Gathering Evidence

Like any personal injury claim, you will need evidence proving how another road user caused your accident, the extent of your injuries, and the impact on you. The following examples can be helpful in road traffic accident compensation claims:

• Video from CCTV, a traffic camera, or footage from a dashcam.
• Photos of the scene of the accident, damage to vehicles involved and your injuries (if visible).
• Medical records which detail your injuries, the treatment you have received, and your prognosis for recovery.
• Vehicle registration, insurance, and contact information for anyone involved in the accident.
• Contact details of anyone who saw what happened and who could provide a solicitor with a witness statement.
• Copies of police reports.
• Reports made to an insurance company.

Gathering evidence can be time-consuming, but you don’t need to face this task alone. A solicitor from our panel can support you throughout the claims process and obtain evidence on your behalf.

Time Limits When Beginning A Claim

Road accident claims generally need to be started within defined time limits set out in the Limitation Act 1980. Most claims must begin within 3 years of an accident or the date the injury was discovered.

Notable exceptions include cases involving those with reduced mental capacity and claims for minors.

• If the victim is a minor, the time limit does not begin until they turn 18. This is because you must be at least this age in order to make a claim on your own behalf.
• Where someone has a reduced mental capacity, there is no time limit since they cannot take action for themselves. The 3-year limit may apply if they regain the capacity to make a claim (and would take effect from the date of recovery).

Whilst time limits are paused, a litigation friend may start a claim on someone else’s behalf. The court-appointed role may be filled by a parent, guardian, or other adult, such as a solicitor.

Considering A No Win No Fee Agreement

By offering you a Conditional Fee Agreement (CFA), the road traffic accident solicitors making up our panel could help you claim on a No Win No Fee basis. The terms of a Conditional Fee Agreement mean there are no solicitor fees to pay unless a case ends in success.

When a claim has a favourable outcome, a success fee is taken as payment for your solicitor’s work. This is an agreed (and legally limited) percentage of your compensation. If the case fails, there is nothing to pay.

Average Time It Takes To Get A Compensation Payout

How long a claim takes to reach a successful conclusion can be influenced by various factors, such as :

• The evidence available and how long it takes for a solicitor to obtain it.
• Whether the defendant accepts liability for the accident.
• If negotiations to reach a settlement have disagreements over compensation amounts.
• Whether the claim goes through further mediation to try to settle out of court.

Get in touch for more information on how our panel of solicitors could help with road traffic accident compensation claims.

How Our Panel Of Solicitors Can Help You Claim

If you make a claim with one of our panel of road traffic accident solicitors, they could help gather evidence, advise on how long you have to claim, and negotiate a fair settlement on your behalf. No matter your specific circumstances, you may have a valid claim if someone else was at fault for your injuries. You can learn more about road traffic accident compensation claims by contacting our team:

• Call 0333 000 0729.
• Use our contact page.
• Click below to speak to an advisor online.

More Information

Here, you can find guides related to road traffic accident claims from across our site.

• • • Discover how to make a pedestrian car accident claim.
    • Find out how to claim for a broken collarbone.
    • Learn how to use a road traffic accident calculator.

Below, you can find further reference articles.

• • • NHS guidance concerning first aid.
    • Government information about requesting CCTV footage.
    • Department for Transport road safety statistics.

Thank you for reading our guide on road traffic accident compensation claims. Get in touch with our team to find out how a solicitor from our panel could help with your personal injury claim.