Have you been injured in an accident on the road that was somebody else’s fault? If so, you might be wondering about the steps involved in the road traffic accident claims process. We will explore when you might be eligible to claim and the steps you could take to do so throughout our guide.
Furthermore, you might be thinking:
- How do I start the personal injury claims process?
- What could I get for a road traffic accident claim in compensation?
- What evidence do I need to support a road accident claim?
We have aimed to answer these questions throughout our guide. Additionally, we will examine examples of what a road traffic accident could involve and how one could occur.
Furthermore, we will look at how a No Win No Fee solicitor could benefit you if you wish to hire legal representation.
Please continue reading for more information. However, if you would prefer to speak directly to one of our advisors, you can. They can offer free legal advice 24 hours a day, 7 days a week. To get in touch:
- Call our team on the number above
- Speak with an advisor via the live chat feature below
- Contact us online
Choose A Section
- What Does The Road Traffic Accident Claims Process Involve?
- How Could A Road Accident Happen?
- What Evidence Can I Gather As Part Of The Road Traffic Accident Claims Process?
- Compensation Amounts For Road Traffic Accidents
- Why Should I Choose A No Win No Fee Solicitor?
- Further Guidance On The Road Traffic Accident Claims Process
In order to make a road traffic accident claim, you must be able to demonstrate that negligence occurred. Negligence involves the breach of duty of care causing harm.
Road users owe one another a duty of care to navigate the roads in a way that reduces the risk of others sustaining harm. This is outlined in the Road Traffic Act 1988. Alongside this, there are rules and guidance provided in The Highway Code for different types of road users. Some of the rules within the Highway Code are backed elsewhere in law.
If they fail to uphold their duty of care, it could cause another road user to experience harm, either physically or emotionally. For example, you might sustain a shattered kneecap as well as developing anxiety after being involved in a head on collision with someone who was driving under the influence of alcohol.
The severity of the injuries you sustain as well as the impact they have on your life can be considered to determine how much road traffic accident compensation you are owed if you win your personal injury claim.
There are certain steps involved in the road traffic accident claims process that you could take to support your potential claim. We will explore these further in another section.
Statistics For Road Traffic Accidents
As per the Reported Road Casualties In Great Britain Provisional Estimates for the year ending June 2021:
- 95,320 road users were slightly injured
- 23,140 road users were seriously injured
- 1,390 road users were killed
There are various ways a road traffic accident might occur. For example:
- A lorry driver might fail to check their mirrors when changing lanes and crash into your car. As a result, you may have suffered a shoulder injury and neck injury.
- A van driver might be on their phone and not see you stopped at a red light. Consequently, they crash into your vehicle, and you suffer a head injury.
- As you are cycling past a junction, a car makes a left turn into it despite not making the necessary checks. Subsequently, you are knocked off your bike and sustain a leg injury and wrist injury.
Following an accident on the road that has caused you harm due to someone else’s negligence, you can begin to go through the different stages of the road traffic accident claims process. A part of this means gathering evidence to support your claim. We have addressed this in the section below.
As part of the road traffic claims process, you should gather evidence to help you support your claim. Examples of evidence you could gather include:
- Police report, if applicable
- CCTV or dashcam footage
- Pictures of the accident, your vehicle or your injuries
- Witness contact details
Additionally, you should gather medical evidence to highlight the treatment and diagnosis you received. This can include reports from the doctor or hospital. It could also include an independent medical report from an assessment which can be arranged by a solicitor. The report could show the full extent of the harm you suffered as well as the impact your injuries have had on your quality of life.
Furthermore, you may find it beneficial to seek legal advice. An advisor from our team could provide free legal advice with regards to your potential claim. Call for more information.
If you win your road accident claim, the personal injury claim payout you are awarded might be made up of two heads of claim. These are called general damages and special damages.
Firstly, general damages look to compensate you for any physical or mental pain and suffering caused by the injuries you sustained.
Instead of including a personal injury claims calculator, we have compiled a table using compensation amounts based on previous court settlements from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals can use to help them when valuing the general damages portion of payouts.
However, these figures should only be used as guidance. This is because each personal injury claim for a car accident or other road accident is unique. As such, the settlement you receive may be different to the figures listed in the table.
|Injury||Severity||Guideline Compensation Bracket||Details|
|Head||Moderate (i)||£150,110 to £219,070||A modest to severe intellectual deficit occurs.|
|Head||Less severe||£15,320 to £43,060||A good degree of recovery is made. The injured person can return to a normal social life and work.|
|Neck||Severe (i)||In the region of £148,330||Injuries associated with incomplete paraplegia or leading to permanent spastic quadriparesis.|
|Neck||Moderate (i)||£24,990 to £38,490||An injury that could lead to a spinal fusion, for example, a fracture or dislocation.|
|Back||Severe (i)||£91,090 to £160,980||The most serious of cases that include spinal cord and nerve root damage.|
|Back||Moderate (ii)||£12,510 to £27,760||Commonly sustained injuries to the back such as disturbance of ligaments and muscles leading to symptoms such as backache.|
|Leg||Very serious (ii)||£54,830 to £87,890||Injuries in this bracket lead to problems with mobility that are permanent.|
|Leg||Less serious (ii)||£9,110 to £14,080||A typical femur fracture with zero damage to the articular surfaces.|
|Shoulder||Severe (a)||£19,200 to £48,030||An injury that damages the brachial plexus leading to significant disability.|
|Hand||Less serious (g)||£14,450 to £29,000||A severe crush injury causing function to be significantly impaired is covered in this bracket.|
Special damages seek to reimburse you for any financial costs incurred due to your injuries. Examples of the costs you could claim back under special damages include:
- The cost of home adaptations
- Care costs
- Medical expenses
- Travel costs
- Loss of earnings
It’s important to keep documentation of these costs and losses when claiming them back, such as receipts or payslips.
To find out more about the compensation you could receive following a successful claim, get in touch.
Could The Whiplash Reforms Affect My Claim?
The Whiplash Reform Programme brought in changes to the way claims for low-value road traffic accidents are made in England and Wales. As per the reforms, if you are a passenger or driver of a vehicle and you are over the age of 18 with whiplash or soft tissue injuries valued at £5,000 or less, you will need to make your claim via the government’s Official Injury Claims portal. It also means that all those who wish to make a personal injury claim following a road traffic accident will need an independent medical assessment.
As such, your injuries will be valued in line with the tariff of injuries set out in the Whiplash Injury Regulations 2021. These tariffs apply to all occupants inside a vehicle.
It’s important to note that if you do not claim through the Official Injury Claims portal, your whiplash or soft tissue injuries could still be valued in line with the tariff of injuries. If you have other injuries that are not included in the tariff they will be valued in the traditional way.
Having a No Win No Fee solicitor represent you under a CFA means that there are no fees to be paid for their services if the claim fails.
You will, however, have to pay a legally capped success fee to your solicitor if your case is successful. This fee will be deducted from your compensation.
A solicitor from our panel could help you through the different stages of the road traffic accident claims process on this basis. Please get in touch using the details below for more information.
How To Begin A Road Traffic Accident Claim
If you would like more information on how to start your potential claim, please get in touch with our advisors. They can provide further guidance on the process of making a road traffic accident claim and discuss whether you’re eligible.
To get in touch:
- Call the number at the top of the page
- Contact us online
- Use our live chat feature below.
Here we have included some further reading that might be helpful when considering the injury claims process:
Additionally, we have included some of our own guides that might be beneficial to you:
- A guide on reporting a road traffic accident
- A guide to personal injury claims
- What is the personal injury claims time limit?
Thank you for reading our guide on the road traffic accident claims process. If you have any other questions, please get in touch using the number above.
Writer Beck Parkins
Editor Meg Morrissey