Our guide explores how to claim for a road traffic accident. If you have been injured in an accident that resulted from another road user’s negligence, you may be eligible to claim.
We look at the criteria you must meet to claim for a road traffic accident and the evidence that will be useful to you. We also explain the kinds of damages you could be entitled to.
How to claim for a road traffic accident – A guide
Furthermore, we explore how road traffic accident solicitors may be able to help you on a No Win No Fee basis and what benefits this may offer.
If you have any queries about making a road accident claim, please contact us in the following ways:
- Call us on 020 8050 2736
- Contact us through our live chat feature
- Claim online and request a callback from us
Choose A Section
- A Guide About How To Claim For A Road Traffic Accident
- When Are You Eligible To Make A Road Traffic Accident Claim?
- Potential Evidence When Making A Road Accident Claim
- What Compensation Could You Receive From Car Accident Injuries?
- Why Claim For A Road Accident On A No Win No Fee Basis?
- Learn More About How To Claim For A Road Traffic Accident
A Guide About How To Claim For A Road Traffic Accident
This guide will inform you about how to claim for a road traffic accident and what instances you will be able to do this in. Generally, you will be able to claim for a road traffic accident if the negligence of another road user caused the injuries you sustained.
The Road Traffic Act 1988 states that a road user has a duty of care to act in a way that prevents injury on the road to themselves and others. If you are injured and believe that it is a result of someone else’s breach of duty, you may be eligible to claim.
The Highway Code is a set of guidelines and legal requirements; if a legal requirement is in the Highway Code, it means that it can be found elsewhere in legislation.
Please get in contact with us if you have any queries or if you want to see if you could start a road accident claim. If you do have a valid case, you could be connected with a lawyer.
When Are You Eligible To Make A Road Traffic Accident Claim?
When thinking about how to claim for a road traffic accident, you should consider the eligibility criteria. In a road traffic accident claim, you must be able to prove that:
- The third party had a duty of care
- This duty was breached
- This breach is the cause of your injuries
Examples of circumstances in which you could be entitled to claim include:
- An accident on a roundabout caused by a driver pulling into the roundabout without giving way to traffic coming from the right
- Suffering a neck injury from a car accident because another driver was unfit to drive because of the consumption of alcohol and collided with the back of your vehicle
- Suffering various injuries as a result of a driver speeding and colliding with you whilst you used a pedestrian crossing
If you would like an assessment of the validity of your claim, please do not hesitate to speak with a member of our team.
Potential Evidence When Making A Road Accident Claim
In order to claim successfully, you should be able to illustrate that your injuries were caused by negligence. It doesn’t matter whether it’s a minor car accident or a serious injury claim; having evidence to prove this will benefit you when making a claim.
Examples of potential evidence that could be useful to you include:
- CCTV/dashcam footage showing the accident
- Copies of medical records to prove your injuries
- Witness contact details so that they can provide a statement
- Photographs of your injuries
Another question you may ask after being injured is how long after a road traffic accident you can claim. The standard time limit outlined in The Limitation Act 1980 is that you have three years from the date of your accident or from the date that you became aware of the part that negligence played in your injuries.
There are exceptions in which the time limit is suspended which are:
- If a person is under eighteen at the time of the accident. They then have three years from the date of their eighteenth birthday to make a claim. A litigation friend can claim for them at any point while they’re under the age of 18.
- If a person lacks the mental capacity to make a claim, they have three years from the date they regain their mental capacity in the event this happens. A litigation friend can claim for them at any point while they’re unable to pursue their own claim.
If you’d like to know more about the time limit for claiming or the evidence you could use to support your case.
What Compensation Could You Receive From Car Accident Injuries?
General damages compensation is one kind of award you could be entitled to. These cover the pain and suffering experienced as a result of your injuries.
The Judicial College Guidelines are used by solicitors for guidance when valuing injuries. These compensation brackets are to be used only for guidance as your actual settlement and payout for your car accident may vary in its outcome.
| Injury | Severity | Notes | Value |
|---|---|---|---|
| Injury Resulting From Brain Damage | Very Severe (a) | Ability to follow basic commands. Little response to environment. Little or no language function. Constant care required. | £282,010 to £403,990 |
| Injury Resulting From Brain Damage | Moderately Severe (b) | Seriously disabled. Limb paralysis or impaired cognitive intellect. Risk of future medical problems. | £219,070 to £282,010 |
| Psychiatric Damage | Severe (a) | Poor prognosis. Inability to cope with life and relationships. Future vulnerability. | £54,830 to £115,730 |
| Post-Traumatic Stress Disorder | Severe (a) | Permanent effects preventing further employment. All aspects of life are badly affected. | £59,860 to £100,670 |
| Leg Injuries | Serious (b) (iii) | Compound/comminuted fractures. Prolonged treatment, the possibility of arthritis. | £39,200 to £54,830 |
| Arm Injuries | Less Severe (c) | Significant disabilities but recovery has largely taken place. | £19,200 to £39,170 |
| Neck Injuries | Moderate (b) (i) | Fractures or dislocations necessitating spinal fusion. Serious soft tissue damage. | £24,990 to £38,490 |
| Back Injuries | Moderate (b) (ii) | Disturbance of ligaments causing backache. Prolapsed discs. | £12,510 to £27,760 |
| Injuries Affecting Sight | Minor (g) | Minor but permanently impaired vision in one or both eyes. Sensitivity to light. | £9,110 to £20,980 |
| Shoulder Injuries | Serious (b) | Dislocation of shoulder/damage to brachial plexus. Restricted movement. | £12,770 to £19,200 |
When Can You Make A Whiplash Claim?
The process of calculating whiplash claims has changed since the introduction of the Whiplash Reform Programme. There have been some changes to the way that low-value soft tissue injuries are claimed for.
Adult drivers or passengers over the age of eighteen who have sustained injuries worth £5,000 or less would be required to claim through the Official Injury Claims portal set up by the government.
Furthermore, these injuries will be valued in line with the tariff amounts in the Whiplash Injury Regulations 2021. These might still apply in cases where the claim does not need to be made through the portal.
Our team of advisors are here to offer you advice and can also help to value your injuries if you choose to call us for a second opinion.
Special Damages In A Claim For A Road Traffic Accident
Special damages can be claimed for the monetary losses you suffered as a consequence of your injuries. These types of damages aim to restore you to the financial position you were in prior to your accident.
These can cover things such as:
- Any loss of earnings you have suffered
- The value of any adaptations to your home that you’ve made to cope with your injuries
- Cost of medication or care you have had to pay for
Having evidence to prove the costs you have incurred will be beneficial to have when claiming. Evidence can include:
- Bank statements or payslips to show the loss of earnings
- Invoices to show repair costs for your personal property (for example, a mobile phone)
- Proof of purchasing any medication or any care you required
Our panel of solicitors can help you gather the necessary evidence to benefit your claim. Speak with an advisor today for free legal advice on how to claim for a road traffic accident.
Why Claim For A Road Accident On A No Win No Fee Basis?
Looking into No Win No Fee agreements may be something of interest to you if you’d like to use a solicitor to claim. A Conditional Fee Agreement is a kind of this agreement that allows you to access the services of the solicitor without paying upfront.
If you claim for your injuries from your road accident on a No Win No Fee basis, you will likely have the benefit of generally not having to pay for the services of your solicitors if your claim is unsuccessful. Furthermore, you won’t typically pay them upfront or
In the event that your claim is successful, your solicitor will take a success fee from your compensation. This will be a legally capped deduction of your award.
Contact Us For Free 24/7 To See If You Can Claim
You can contact us for free to receive a consultation from our team of advisors. Our experienced panel of solicitors can help you in the process of your claim.
You can get in contact with us in the following ways:
- Call us on 020 8050 2736
- Contact us through our live chat feature
- Claim online and request a callback from us
Learn More About How To Claim For A Road Traffic Accident
Thank you for reading our guide on how to claim for a road traffic accident. If you found our guide useful, we have linked more of our information below:
- A Guide To Car Accident Claim Solicitors
- Personal Injury Solicitors Near You
- Motorcycle Accident Claims No Win No Fee Solicitors
For further information, we have provided external resources that may be of interest to you:
- Road Accidents and Safety Statistics – Government Resource
- THINK! – Road safety campaigns
- Whiplash Injuries – NHS
Thank you for reading this guide on how to claim for a road traffic accident.
Writer Fern Stewart
Publisher Fern Stewart