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Road Traffic Accident Claims

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Road Traffic Accident (RTA) Claims – How Much Compensation Could I Claim?

While many road traffic accidents 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 an accident, you may be eligible to make a road traffic Road Traffic Accident Claims Solicitoraccident claim.

Throughout this Road Traffic Accident (RTA) claims 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 compensation you could claim.

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.

Am I Eligible To Make A Road Traffic Accident Claim?

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:

To be eligible to make a road traffic accident claim, certain criteria will generally need to be met. While specific requirements can vary depending on the circumstances of the accident and the nature of the injuries sustained, the typical criteria include:

  • Involvement in the accident. You must have been involved in a road traffic accident. This includes drivers, passengers, cyclists, motorcyclists, and pedestrians who have been injured due to somebody else’s negligence or a road defect.
  • Injury. You must have been injured physically or psychologically (or both) directly because of the RTA.
  • Negligence of another party. The accident must have been caused wholly or partly by the negligence or breach of duty of another party, for example, another road user or the authority responsible for road maintenance.
  • Time limit. Personal injury claims should be made within 3 years from the date of the RTA or from the date when you first became aware of your injury (the “date of knowledge”). Please refer to the next section on time limits.

We’ll also explain what types of negligence might lead to an RTA claim shortly.

RTA Claims Time Limits

In most road traffic accidents, personal injury claims are subject to a 3-year limitation period, typically commencing from the date of the accident. 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” of the injury.

For children injured in a road traffic accident, this 3-year limitation period is basically on pause until they reach the age of 18. Parents or guardians can claim on the child’s behalf at any point before they turn 18, through the litigation friend process. In these situations, a court will oversee the settlement to ensure its fairness and manage any awarded compensation until the child becomes an adult at 18.

Similarly, the standard limitation period is adjusted for individuals who lack the mental capacity to manage their own affairs. For these claimants, the 3-year period does not commence until (if ever) they regain capacity. If an individual never regains mental capacity, a litigation friend can initiate a claim on their behalf at any time, without the constraints of the typical limitation period. Like with children, any settlement in these cases is subject to court approval to ensure that it serves the best interest of the claimant.

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.

Evidence To Support A Road Traffic Accident Claim

To support a road traffic accident claim, compiling comprehensive evidence is important for establishing the details of the accident, the extent of your injuries, and any financial losses incurred. Regardless of what caused your RTA to happen, there are some things you can do in case you need evidence to support a compensation claim. They include:

  • Reporting the accident to the police if anybody is injured. If the police attended the scene, obtain a copy of the police report. This can provide an official account of the accident.
  • Write down the contact details of the other driver (if applicable), their contact details, their vehicle’s registration number and their insurance policy number.
  • Take pictures or videos of the accident scene including all vehicles involved, road conditions, and any visible injuries you suffered. If it is safe to do so, it is best to do this before any vehicles are moved.
  • Make sure that you receive medical treatment. This is important as medical documentation related to your injuries from the accident which might include initial assessments, treatment records, prescriptions, and any ongoing rehabilitation can then be gathered for evidence.
  • Writing down details of any witnesses who saw the incident occur as their accounts could support your version of events.
  • Asking for copies of any dash cam or CCTV footage that captured the RTA.
  • Keep all correspondence with your insurance company and the insurance company of the other party involved in the accident. This includes notification of the accident, claims filed, and any responses received.
  • Keeping track of any expenses you incur because of the RTA and your injuries. This includes repair costs for your vehicle, medical expenses, travel costs for medical appointments, and any loss of earnings if you were unable to work due to your injuries.
  • Keep a diary detailing your recovery process, noting any difficulties or setbacks you encounter.

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 which should 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.

Common Causes Of Road Traffic Accident Claims

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 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.

Common Injuries From Road Traffic Collisions

Road traffic collisions can result in a wide range of injuries, varying from minor to severe or even life-threatening and fatal. The type and severity of injuries can depend on numerous factors, including the nature of the accident, the speed of the vehicles involved, the safety features in the vehicle, and whether occupants were wearing seat belts.

Some of the most common injuries resulting from RTA’s include:

The treatment and recovery process for these injuries can vary significantly, from minor injuries requiring short-term care to major injuries needing long-term rehabilitation which is an important factor when calculating a settlement.

How Much Compensation For A Road Traffic Accident Could I Claim?

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.

RTA Claims Compensation Calculator

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.

Compensation Calculator
Part Of Body
How Severe?
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£££

*Estimates are based upon the severity of the injury and should be used as a guide only.

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.

Can I Get Compensation If The Other Driver Is Uninsured?

If the other driver involved in the road traffic accident was uninsured or cannot be traced, for example in a hit-and-run crash you can still pursue a claim for compensation through the Motor Insurers’ Bureau (MIB). The MIB is a non-profit company established to compensate victims of accidents caused by uninsured or hit-and-run drivers. Here’s a basic rundown of how the process works:

  • Report the accident. Ensure the accident is reported to the police promptly. This is a necessary step where liability is disputed as the MIB will require a police report to process the claim.
  • Gather evidence. Collect as much evidence as possible regarding the accident and your injuries. This includes photographs of the accident scene, medical reports, witness statements, and any other documentation that supports your claim.
  • Contact the MIB. You can make a claim with the MIB by following the steps on their website. If you’d prefer a solicitor to make the claim on your behalf, please contact our advisors and they’ll take a look at your case.
  • Cooperation with the MIB. The MIB will investigate your claim, which may involve reviewing the evidence you’ve provided, checking the police report, and possibly visiting the accident scene. They may also require you to undergo an independent medical examination to assess your injuries.
  • Claim assessment. The MIB will assess your claim based on the evidence and determine your eligibility for compensation. This process can take some time, depending on the complexity of the case and the completeness of the information provided but they make every effort to make the decisions within three months or six weeks for low-value claims.
  • Compensation. If your claim is successful, the MIB will offer compensation for your injuries and any other losses you’ve incurred as a result of the accident, similar to a standard RTA claim.

Importantly, you should start your claim as soon as possible even if you’re waiting on information so as not to risk your claim becoming invalidated.

The MIB has certain criteria and limits for compensation, and the process can be complex. However, our road traffic accident solicitors are experienced in dealing with MIB claims so please get in touch with us today to find out more.

Starting The Road Traffic Accident 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.

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