If you have been injured in an accident on the road that was not your fault, you may have questions about making a road traffic accident claim. In this guide we answer some of the most frequently asked questions about claiming for injuries caused by a road traffic accident.
Below you can find out when you may be eligible to make a personal injury claim and the potential steps you could take following your accident to help support you when making your claim.
Additionally, we will also explain how your compensation may be awarded and different forms of harm that may be covered by your final settlement. We will also explain whether you could still make a claim if you were involved in an accident with an uninsured or untraceable driver.
We end this guide by discussing how a solicitor from our panel could help you with claiming compensation on a No Win No Fee basis. To discuss your case today and see whether you may be able to work with one of the solicitors on our panel, you can contact our advisors:
- Chat to us using the pop-up live chat.
- Speak to an advisor by phoning 0333 000 0729
- Contact us online to receive a callback.
Select A Section
- Could You Make A Road Traffic Accident Claim?
- What Should You Do If You Are Involved In A Road Traffic Accident?
- How Much Compensation For A Road Traffic Accident Could You Claim?
- What Evidence Will Help You Claim For A Road Traffic Accident?
- What If The Other Driver Failed To Stop Or Was Uninsured?
- Can You Make A Road Traffic Accident Claim With A No Win No Fee Solicitor?
Could You Make A Road Traffic Accident Claim?
All drivers, cyclists and pedestrians have a duty of care to other road users. They must use the roads in a safe and responsible manner that prevents causing harm to others and themselves. Additionally, they must also ensure that they comply with the Highway Code and the Road Traffic Act 1988. If road users fail to adhere to this duty of care, this could lead to road traffic accidents of various severities.
You could be eligible to start a road traffic accident claim if you can prove that your case meets the following criteria:
- The other road user owed you a duty of care.
- They breached this duty of care. For example, they were driving under the influence of alcohol or drugs.
- The injury you suffered was a direct result of this breach.
For example, you are stopped at a red light. The driver behind you was speeding and, therefore, unable to come to a stop in time. This causes them to crash into the back of your car, and you suffer multiple injuries, including a neck injury and back injury.
Can You Claim If You Were At Fault?
If you were entirely responsible for the accident, it is unlikely that you would be able to make a claim for compensation. However, if you were only partially at fault for the accident and your subsequent injuries, you may be able to make a split liability personal injury claim.
For example, if you were hit by a distracted driver who was not paying attention to the roads, but you were not wearing a seatbelt at the time of your accident, and this is shown to have made your injuries worse, you may be found to be partially at fault.
In such cases any compensation will be reduced by the percentage you are said to be at fault for your injuries. For example, if you are deemed to be 50% responsible, you will receive 50% of the compensation you would have received if you were not at fault at all.
To see whether you may be eligible to start a road traffic accident compensation claim, you can contact a member of our advisory team.
What Should You Do If You Are Involved In A Road Traffic Accident?
If you have been involved in an accident on the road, There are several steps you should take. Firstly, if you have been involved in an accident that has caused damage or injury, you must stop. This is a legal requirement under section 170 of the Road Traffic Act 1988.
Additional steps you should take include:
- You must also share your name, address and insurance provider to anyone with reasonable grounds for requesting them, such as the person you were involved in the accident with.
- Informing your insurance provider of the accident, even if you are not planning to make a road traffic accident claim.
- Request the contact information of anyone who witnessed your accident. If you decide to make a claim, they could be contacted later on for a statement.
- Seek out medical advice and treatment for any injuries suffered. Depending on the severity of them, you may wish to attend Accident and Emergencey (A&E) or book an appointment with your GP.
If you have suffered road traffic accident injuries and would like to know whether you could make a claim for compensation, you can contact our advisory team.
How Much Compensation For A Road Traffic Accident Could You Claim?
The unique circumstances of your road traffic accident claim will determine how much compensation you may be awarded.
However, your settlement may include two heads of loss: general damages and special damages.
General damages compensate for the pain and suffering caused to a person by their injuries. Various factors could affect the amount of compensation you receive under this head of loss, including:
- The type of injury you suffered and its initial severity.
- What treatment was required.
- How long the expected recovery period is.
The table below includes figures taken from the 17th Edition of the Judicial College Guidelines (JCG). The JCG may be used by those valuing claims for general damages, as it lists compensation guidelines for a variety of injuries.
Please note, however, that the first figure and last two figures of this table have not been taken from the JCG.
Compensation Guidelines
| Injury | Degree Of Severity | Compensation Guidelines | Notes |
|---|---|---|---|
| Multiple severe/ serious injuries and compensation for financial losses | Severe or serious injuries | Up to £1,000,000+ | Compensation for multiple serious or severe injuries and their financial losses such as medical expenses and lost earnings. |
| Brain injuries | (a) Very severe | £344,150 to £493,000 | The person will display little to no meaningful response to their environment and suffer with double incontinence among other issues. |
| Brain injuries | (c) Moderate (ii) | £110,720 to £183,190 | The ability to work is either reduced greatly or lost. There is a moderate to modest intellectual deficit. |
| Neck injuries | (a) Severe (i) | In the region of £181,020 | The person suffers with little not no neck movement despite wearing a collar 24 hours a day for multiple years. |
| Back injuries | (a) Severe (iii) | £47,320 to £85,100 | Disc fractures of vertebral bodies or disc lesions causing chronic conditions. |
| Shoulder injuries | (a) Severe | £23,430 to £58,610 | A neck injury in which the brachial plexus is damaged causing a significant disability. |
| Leg injuries | (b) Severe (iv) moderate | £33,880 to £47,840 | Such injuries could include a severe crush injury or multiple fractures to one leg. |
| Foot injuries | (g) Modest | Up to £16,770 | A simple fracture of a metatarsal bone, ruptured ligaments and the like causing continuing symptoms. |
| Whiplash Tariff | 1+ whiplash injuries with 1+ psychological injuries | £4,345 | Lasting more than 18 months but less than 2 years. |
| Whiplash Tariff | 1+ whiplash injuries | £4,215 | Lasting less than two years but more than 18 months. |
Can You Claim For Loss Of Earnings After A Road Accident?
If your road accident claim is a success, your settlement may also include special damages. This secondary head of loss compensates a claimant for financial losses caused by their injuries.
For example, you may have needed to take time off from your job to recover from the injuries you suffered. This may have resulted in a loss of earnings. You could potentially claim these lost earnings back under special damages as part of your road accident compensation claim.
Other financial losses you may be able to claim for include:
- The cost of any necessary adaptations to a home or vehicle.
- The cost of any medical expenses, such as prescription fees.
- Care costs if you required help at home.
Whiplash Reform Programme
The Whiplash Reform Programme affected how certain road traffic accident claims are made for minor injuries within Wales and England.
Your claim will now need to be made via a different avenue if all the following apply to your case:
- You are aged 18 or over.
- You were injured as a passenger or driver of a vehicle.
- The injuries you suffered are valued at £5,000 or less, such as whiplash.
Furthermore, your whiplash injury will be valued in accordance with the fixed tariff that is set out within the Whiplash Injury Regulations 2021. We have included some of these tariffs in the table above.
Any additional injuries you are claiming for that are not covered by this tariff will be valued traditionally. Additionally, if the overall value of your claim for these multiple injuries exceeds £5,000, you will make your claim via the traditional route.
If you are unsure which avenue you should take when making your claim, you can contact one of the advisors on our team.
What Evidence Will Help You Claim For A Road Traffic Accident?
There are various types of evidence you could gather which could support your case when making a road traffic accident claim. Some examples include:
- Bank statements, invoices or payslips which show any financial losses caused by your accident and injuries.
- Footage from a dashcam in your vehicle or another vehicle.
- Footage from CCTV or traffic cameras.
- Photographs of the accident scene or of your injury.
- Medical records of any treatment you have received for your injuries.
Do You Need To Have A Medical Assessment?
As part of the claims process, you may be invited to attend an independent medical assessment. If you are working with a solicitor on your case, they can arrange this assessment for you.
During the assessment, you may be asked various questions, such as:
- The type of accident you were involved in.
- What symptoms you have experienced.
- The impacts on your day-to-day life.
Depending on the extent of your injuries, you may also need to undergo a physical examination.
The reports generated from this assessment can then be used as evidence for your claim. They can also be used to help those valuing your claim for general damages.
If you have any questions regarding the personal injury claims process, you can contact one of our advisors.
What If The Other Driver Failed To Stop Or Was Uninsured?
If the other party did not stop at the scene of the car accident or was uninsured, you could still be able to claim compensation. Claims involving uninsured or untraced drivers are made through the Motor Insurers’ Bureau (MIB).
The MIB is funded through vehicle insurance providers and can compensate victims of accidents where a driver did not have insurance or where they committed a hit and run.
When claiming through the MIB, you will still need to meet the personal injury claims eligibility requirements.
To see whether you may be eligible to make a claim through the MIB, you can contact one of our friendly advisors. They can also offer you free advice for your case.
Can You Make A Road Traffic Accident Claim With A No Win No Fee Solicitor?
Although you a not obligated to work with one on your claim, a solicitor could help guide you through the claims process. They can advise you on what type of evidence could help with your claim, organise an independent medical assessment and value your potential compensation.
Our panel of No Win No Fee solicitors generally offer to work with their clients under a Conditional Fee Agreement (CFA). Under a CFA, you will not have to pay any fees for the solicitor’s services at the beginning of a claim or while the solicitor is working on your case.
Instead, the solicitor will charge a success fee if you are awarded compensation. This will be taken from said compensation as a legally limited percentage. If you aren’t awarded compensation, your solicitor will not charge you for their services.
Contact An Advisor About Your Claim
Talk to an advisor today to learn how a No Win No Fee solicitor from our panel could help you when making a road traffic accident claim. Our friendly team can also answer any questions you may have that weren’t covered by this guide, and offer you free advice for your case.
To connect with them today, you can:
- Chat to us using the pop-up live chat.
- Speak to an advisor by phoning 0333 000 0729
- Contact us online to receive a callback.
Further Road Traffic Accident Resources
Additional road accident claims guides:
- In this guide, we look at when you could make a one-way street accident claim.
- Our road traffic accident calculator looks at how much compensation you could claim following an accident on the road in more detail.
- If you have had a car crash on a motorway, this guide looks at when you could claim.
Further external resources:
- See the latest road safety statistics in this government resource.
- Learn more about road safety laws in this resource from Think!
- Find out more about driving offences, such as failing to stop at the scene of an accident, in this guide from the Crown Prosecution Service (CPS).
Thank you for reading our guide on frequently asked questions about making a road traffic accident claim. If you have any further questions, you can contact our advisors.
