You may be eligible to make a road traffic accident claim for compensation if you’ve been injured in an RTA as a driver, passenger or pedestrian.
Accidents on the UK’s roads happen each and every day. While many are minor and are little more than inconvenient, others can be more serious and result in significant injuries. Each road user has a duty of care to drive as safely as possible to try and protect others according to the Road Traffic Act 1988. Therefore, if another driver breaches that duty of care and causes a road accident to happen, you could be eligible to make a road traffic accident claim.
Throughout this Road Traffic Accident (RTA) guide, we’ll explain the types of collisions that could lead to a claim. Also, we’ll explain a bit about the different injuries from an RTA you could claim compensation for, why another road user might be responsible for them, and how much you could claim using our road traffic accident compensation calculator.
We have a team of experienced road traffic accident solicitors who have been representing clients for many years. If your RTA claim is suitable, they could agree to represent you on a No Win No Fee basis. That makes claims a lot less risky, in our opinion, as you won’t pay solicitor’s fees unless you are compensated.
If you’d like to make a road traffic accident claim with us, please call 0800 6524 881 once you’ve finished reading this guide.
Table of contents
- Am I Eligible To Make A Road Traffic Accident Claim?
- Evidence To Support A Road Traffic Accident Claim
- Common Causes Of Road Traffic Accident Claims
- How Much Compensation For A Road Traffic Accident Could I Claim?
- RTA Claims Time Limits
- Starting The Road Traffic Accident Claims Process
If you have been injured in a road traffic accident, you could claim compensation for your suffering. This is the case for a road traffic accident involving:
For a personal injury solicitor to take your claim on, evidence will be needed to show that:
- The road accident was caused by the defendant’s negligence.
- As a result of the RTA, you were left with injuries.
We’ll explain what types of negligence might cause an RTA shortly.
Regardless of what caused your RTA to happen, there are some things you should do in case you need to make a compensation claim. They include:
- Taking pictures or videos of the accident scene. If it is safe to do so, it is best to do this before any vehicles are moved.
- Making sure that anybody who is injured such as drivers, passengers, and pedestrians receives medical treatment. This might involve calling an ambulance or making your own way to A&E.
- Writing down details of any witnesses who saw the incident occur.
- Asking for copies of any dash cam footage that captured the RTA.
- Reporting the accident to the police if anybody is injured.
- Keeping track of any expenses you incur because of your injuries.
- Importantly, write down the contact details of the other driver, their contact details, their vehicle’s registration number and their insurance policy number.
These measures could make claiming compensation for a car accident as a passenger, for example, a lot easier. For example, when you’ve been treated at A&E, it’s quite easy to get copies of your medical records. These could then help to prove how serious your injuries were.
If you have any evidence that you would like us to check, please call for your no-obligation claim assessment.
In this section, we’ll look at some common causes of road traffic accident claims. Don’t worry if a scenario similar to yours isn’t listed, we could still help you claim. Some examples include:
- Road accidents caused by aggressive driving – including road rage, speeding, and dangerous or careless driving.
- Collisions caused because the other driver was not paying attention. This could include if they were on the phone, adjusting their sat-nav, or changing the radio station.
- Accidents caused by the other driver misjudging your distance and pulling out in front of you on a roundabout for example.
- Incidents where the other driver was drunk or affected by drugs.
- Motorcyclists who’ve been injured by careless drivers turning into their path when turning right at a junction.
- Cyclists hit and injured by vehicles due to careless drivers not leaving enough room when attempting to pass.
In addition to these, you could also be eligible to claim compensation against the public body responsible for the road if they’d failed to fix a road defect such as a pothole causing an accident. Claims are possible for any type of injury including those affecting your back, head, neck, or those resulting in soft tissue damage, fractures, cuts and bruises.
Importantly, our solicitors could also help you claim on behalf of somebody who has sustained life-changing injuries or for a loved one who has been killed in a fatal accident. Please call our solicitors for more information on how to proceed with these types of claims.
As you can imagine, no two road traffic accident claims will be the same. Therefore, until your case has been reviewed, it’s difficult to say how much compensation for a road traffic accident claim you might receive here. However, we can show you what could be included in your claim. Usually, RTA claims are split into:
- General damages. Where you ask for compensation to cover your pain, suffering and loss of amenity. This can include physical and psychological injuries as well as any illnesses.
- Special damages. This is where you look to claim back any financial costs linked to your accident. You could include care costs, prescription fees, non-NHS medical treatment costs, lost income and also modifications to your home if you’re left with a disability.
Please visit this page for more information on general and special damages.
To claim general damages, you may need a medical assessment. This can be arranged locally by our solicitors. An independent specialist will assess you and report back on your injuries and future prognosis.
When road traffic accident solicitors calculate compensation for general damages, they often refer to guidelines set by the Judicial College to establish what level of compensation to pay. Therefore, we have provided many of the compensation payout figures in our calculator to give some idea of how much certain injuries might be worth. The compensation ranges listed in the JC guidelines are based on the severity of your injuries. That’s why the medical assessment discussed earlier may be so important.
As so many different injuries are possible in traffic accidents, they’re not all listed here. When you call, we’ll be able to provide average payout amounts for RTA’s relevant to your case once our solicitors have all the details required.
Due to the uniqueness of each RTA claim, if your claim is successful, you could receive more or less than the amounts listed in our calculator.
In most road traffic accidents, personal injury claims must be submitted within a 3-year limitation period. Mostly, that will begin from the date the RTA happened. However, if you were not aware of your injuries for some time (if you were incapacitated after the accident, for instance), your time limit would begin from your date of knowledge.
The 3-year time limit does not apply if a child is injured in a road traffic accident until they turn 18. Parents or guardians are therefore able to claim on their child’s behalf any time prior to their 18th birthday. This can be done through the litigation friend process. Claims are essentially the same except a court will need to check that any settlement is fair before it is paid. Furthermore, any compensation will be managed by the court until the child turns 18.
Whether claiming compensation for an RTA as an adult or on behalf of a child, we’d advise you to start as soon as possible. Where that happens, you’ll find it easier to recall the events of the day and your solicitor will have more time to collect evidence to support your case. Please call today if you’re ready to begin the claims process.
When claiming compensation for a road traffic accident, you will more than likely end up dealing with the defendant’s insurance company. If you’ve ever claimed for damage to your vehicle through your own insurer, you’ll know they can make you jump through hoops before you’re paid anything at all.
In personal injury claims, insurers will want clear proof that their client caused your accident and injuries. They could bombard you with technical legal or medical questions which could overwhelm you. For that reason, we’d advise having an RTA solicitor on your side who isn’t fazed by such questions.
If your case is accepted by one of our team, they’ll handle everything for you. You won’t need to speak with the insurer but you’ll be kept up to date throughout the RTA claims process. If a settlement is offered, it will be checked carefully before it is accepted to verify that it covers your suffering in full.
If you’d like to see whether we could help you claim, please call our team on 0800 6524 881 today.
Importantly, we could also help you claim for hit and run accidents or road traffic accidents with no insurance.
Thanks for visiting today and reading our guide on road traffic accident claims.