Frequently Asked Questions About Road Traffic Accident Claims

In this guide, we discuss frequently asked questions about making a road traffic accident compensation claim. Firstly, we discuss when you could be eligible to make a personal injury claim as well as how a successful payout could reflect the physical, mental and financial impact your injuries have had on you.

We also cover important topics including time limits for starting a claim, what a split liability claim is, and whether compensation can be claimed if the other driver in an accident was uninsured.

Finally, we explain how one of the expert road traffic accident solicitors from our panel could help you gather evidence and build your case under the terms of a No Win No Fee agreement.

You can learn more by speaking to one of our advisors and get a free assessment to see if you have valid grounds to claim compensation for your road traffic accident injuries. Get in touch at any time via the details below:

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Select A Section

  1. When Can You Claim Road Traffic Accident Compensation?
  2. How Much Road Traffic Accident Compensation Could You Receive?
  3. What Is The Time Limit When Making A Road Traffic Accident Claim?
  4. What Are Split Liability Claims?
  5. Are You Able To Claim Compensation After An Accident With An Uninsured Driver?
  6. What Evidence Could Help You Claim Road Traffic Accident Compensation?
  7. What Are The Benefits Of Using A No Win No Fee Road Traffic Accident Claim Solicitor?
  8. Read More About Road Traffic Accident Claims

When Can You Claim Road Traffic Accident Compensation?

All road users owe each other a duty of care. This means they have a responsibility to navigate roads safely and responsibly and ensure each other’s safety. Upholding this duty means adhering to the Road Traffic Act 1988 and the Highway Code. This means that a road user could be at least partially liable for an accident if it happens because of them breaching their duty of care.

To have a valid road traffic accident claim, you must prove that negligence occurred. In tort law, this means:

  • Another road user had a duty of care towards you.
  • They breached their duty of care.
  • The breach led to a road accident that caused you physical and/or mental harm.

Examples Of Road Traffic Accidents And Injuries

There are many ways a road accident could occur and different injuries that could be sustained as a result, all varying in severity. Serious injuries as well as more minor injuries could be suffered in an accident if a road user were to breach their duty of care. For example:

  • A HGV accident could occur because the driver was exceeding the speed limit and engaging in reckless driving. As a result, they may crash into another car causing the driver to suffer multiple injuries, including a knee injury, ankle injury and shoulder injury.
  • A car driver could cause a pedestrian to suffer a serious head injury and neck injury leading to paralysis by operating their vehicle whilst under the influence of drugs. As a result, they might knock over a pedestrian.
  • A passenger could suffer soft tissue damage, such as a whiplash injury, in a car accident after another driver hit the vehicle they were riding in from behind. 

If you have been in a road traffic accident and believe another road user was responsible for your injuries, get in touch with our helpful team. An advisor can help you learn if you have a valid road traffic accident claim.

How Much Road Traffic Accident Compensation Could You Receive?

You might wonder how much compensation you could be owed following a successful road accident claim. Settlements can vary depending on the unique facts and circumstances of your specific case. However, if you succeed, you could be awarded a payout comprising two heads of loss that each account for the different impacts of your injuries.

The first head of loss is called general damages which compensate for pain and suffering caused by your injuries, both physical and/or psychological. For example, you could claim for an elbow injury as well as anxiety or depression caused by the accident. You can also claim for a physical injury alone, or psychological injury alone. 

Different factors are considered when valuing general damages, such as the impact on your quality of life from the injuries sustained, how they are likely to impact you in the future and whether you have suffered a permanent disability.

Those responsible for calculating the value of general damages can refer to guideline compensation brackets found in the Judicial College Guidelines (JCG). 

Compensation Table

Some of the figures in the table are from the JCG. The top entry is not from the JCG. Also, the last two entries are taken from a fixed tariff found in the Whiplash Injury Regulations 2021 which is used to value whiplash injuries. 

INJURYSEVERITYCOMPENSATIONNOTES
Multiple Serious Injuries Plus Financial LossesSeriousUp to £1,000,000+A payout reflecting the physical and psychological impacts of multiple serious road traffic accident injuries as well as the financial losses incurred as a result, such as lost income and care costs.
ParalysisTetraplegia£324,600 to £403,990Paralysis of the upper and lower body, also known as quadriplegia. Factors, such as age, and depression, can be considered when determining the award given.
HeadVery Severe£282,010 to £403,990Little to no evidence of the person having a meaningful response to their environment, poor language function, and double incontinence. There is a need for full-time nursing care.
BackSevere (i)£91,090 to £160,980Most severe injuries, involving spinal cord and nerve root damage. They result in a combination of very serious consequences, such as pain and disability of a severe nature.
NeckSevere (i)In the region of £148,330Incomplete paraplegia is associated with a neck injury, or permanent spastic quadriparesis.
Arm AmputationLoss of One Arm (i)Not less than £137,160The arm is amputated at shoulder level.
ChestTraumatic Injury to the Chest, Lungs, and/or, Heart£65,740 to £100,670Injury causing permanent damage, physical disability, impaired function and reduced life expectancy.
LegSevere (ii)£54,830 to £87,890Very serious injuries causing permanent mobility issues and the need for crutches or mobility aids for the rest of the injured person's life.
WhiplashOne or More Whiplash Injuries and One or More Psychological Injuries£4,345The injuries last more than 18 months, but not more than 24 months.
One or More Whiplash Injuries£4,215Injury duration is above 18 months, but not above 24 months.

The second head of loss is known as special damages, which account for financial costs caused by your injuries. This might include a loss of earnings if you miss work while injured or other expenses related to the accident in which you were injured, like medical bills or home adaptation costs. You should keep a record of these costs via receipts, payslips, and invoices. 

Can You Claim For Whiplash?

The introduction of the Whiplash Reform Programme has changed the process of how certain parties claim compensation for road traffic accident injuries. 

If you are over 18 and sustained injuries worth £5,000 or less as a driver or a passenger, you will need to make your claim in a different way. Also, any whiplash injuries will be valued in accordance with the tariff set out in the Whiplash Injury Regulations 2021. 

You can claim through the traditional route if the total value of your claim comes over £5,000. However, your whiplash injuries will still be valued according to the 2021 Regulations tariff. Any injuries not included in the tariff will be valued the traditional way.

For further guidance on making a whiplash claim, please reach out to our team using the number above.

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What Is The Time Limit When Making A Road Traffic Accident Claim?

Generally, you have three years from the accident date to start a personal injury claim. This is the time limit set by The Limitation Act 1980. However, there are some exceptions that could apply.

If the injured person is under 18, their time limit is suspended. This pause ends when they turn 18, so they have from then until their 21st birthday to begin legal action. However, a claim could instead be started before their 18th birthday if a litigation friend is appointed by the courts to handle it on their behalf.

A litigation friend could also help someone whose time limit is paused indefinitely because they lack the mental capacity to start a claim. If the person recovers and a claim has not been started for them, the three-year limit begins from their recovery date.

Are you unsure how long after your accident you have to start a road traffic accident claim? Get in touch at a time that suits you, and one of our advisors can give more guidance on the time limits.

What Are Split Liability Claims?

A road traffic accident is not always caused entirely by one party. If you were partially responsible for the accident, you can still seek road traffic accident compensation by making a split liability claim.

The eligibility criteria remain the same as for a case where you had no liability. Another road user must have breached their duty of care and caused an accident you were harmed in.

The level of compensation awarded to you is dependent on how much you were to blame for the accident. For example, being 50% liable would mean you receive half of the compensation figure that is calculated for you.

If you want to know more about making a split liability road traffic accident claim, please call and discuss your case with an advisor.

Are You Able To Claim Compensation After An Accident With An Uninsured Driver?

Generally, when making a road traffic accident claim, you would do so against the other driver’s insurance company. In some cases, you may be injured in a road traffic accident involving a driver who has no insurance.

However, it may still be possible to claim compensation, provided you meet the eligibility criteria. You would do so through the Motor Insurers Bureau (MIB). The MIB helps those involved in road accidents with uninsured and untraceable drivers to seek compensation where normal routes are not possible. 

Call the above number if you want to know more about uninsured driver claims.

What Evidence Could Help You Claim Road Traffic Accident Compensation?

Your road traffic accident claim should be backed up by as much supporting evidence as possible. This may include:

  • Footage from CCTV, road traffic cameras or a dashcam.
  • Photographs of the accident scene and any visible injuries.
  • Witness contact information.
  • Details of a police report, if one is produced.
  • Medical evidence, such as test results, that show the injuries you suffered, such as soft tissue injuries.

If you have a valid claim that a solicitor from our panel takes on, they could help gather and present evidence for your case as well as ensure it is put forward within the relevant time limits.

Learn more about the guidance you can get from a solicitor and what evidence is needed for a personal injury claim by calling on the number above.

What Are The Benefits Of Using A No Win No Fee Road Traffic Accident Claim Solicitor?

Our panel of road traffic accident claims solicitors have years of combined experience in handling cases. One of our advisors can assess your claim for free and if they find you have good grounds to seek compensation, you could be connected to a solicitor from our panel.

The expert solicitors from our panel could offer their helpful services via a Conditional Fee Agreement, which is a specific type of No Win No Fee contract.

Under this agreement, you should not expect to pay your solicitor for their work in advance or during the claim. Losing the case means no charge for the solicitor’s services either.

If you win, a percentage of your compensation goes to your solicitor. This will be a small percentage, capped legally by The Conditional Fee Agreements Order 2013 ensuring you receive the most of your settlement.

Contact Us

If you have any other questions about personal injury claims for road traffic accidents, please contact our team of advisors. They can advise further on whiplash claims, split liability claims, and claiming against an uninsured driver. Additionally, they can offer free advice on your potential case for road traffic accident compensation.

To get in touch, you can use the following details:

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Read More About The Road Traffic Accident Claims Process 

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Thank you for reading our guide answering frequently asked questions relating to road traffic accident compensation claims. If there is anything else you need help with, just call the number at the top of this page.