Guidance On The Road Traffic Accident Claims Process

If you have been injured in a road traffic accident which is not your fault you may be entitled to make a compensation claim. Navigating the road traffic accident claims process may, at first, seem complex. However, a No Win No Fee solicitor from our panel could help you to do so.

In this guide, we look at how the road traffic accident claims process works. We take you through the steps your claim goes through and how a solicitor can guide you through this process. We look at when a road traffic accident claim may go to court. Finally, we end this guide by sharing some of the benefits of making a personal injury compensation claim on a No Win No Fee basis with a solicitor from our panel.

To see if you could make a road traffic accident compensation claim, please contact our team:

  • Call 020 3870 4868 to speak to an advisor.
  • Begin your claim online using our form.
  • You can also use our online chat to discuss your case with an advisor.

A person lays in the road by a road traffic accident.

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What Is The Road Traffic Accident Claims Process?

A road traffic accident claim is a way to claim compensation from another road user who is liable for an accident you were injured in.

To be eligible to make a road traffic accident claim, you will need to prove negligence occurred. This is when:

  1. You were owed a duty of care.
  2. Another road user breached this duty of care.
  3. The injuries you suffered were caused by this breach.

A duty of care is owed by all road users when they are using the roads to navigate them safely. They must also comply with the Road Traffic Act 1988 and the Highway Code.

For example, you may be able to claim for an accident on the road as:

  • A car occupant (driver or passenger)  injured in an accident.
  • Someone being knocked off their bicycle or motorbike by another vehicle.
  • Passengers on public transport, such as those injured in a bus accident due to another road user.
  • Pedestrians struck by moving vehicles, such as cars, vans etc.

We understand that claiming compensation could seem a complex and difficult process to navigate. Before starting the claims process, if you choose to claim with a road traffic accident solicitor, they may gather evidence to support your claim. This could include requesting witness statements. Additionally, they may request that you attend an independent medical appointment to assess any psychological or physical injuries you suffered.

Below, we look at the main steps involved in the road traffic accident claims process. These are the Pre-Action Protocol for personal injury claims. These are steps that all personal injury claims must follow prior to a claim potentially needing to go to court.

Letter of Notification

Following the collection of evidence, the first step in making a road traffic accident claim is to send a letter of notification to the other party. This should also be sent to their insurance company. The party you are making a claim against will hereafter be known as the defendant.

The defendant may not know you intend to make a claim prior to receiving your letter. They may or may not have knowledge of the accident you were injured in.

The letter states that you are intending to make a personal injury claim, advising the defendant (and their insurance company) of any relevant information they will need to know. The letter will help the defendant determine their liability. If an interim payment is suitable, this information may also be included in the letter.

Once the defendant, their insurance company or representative has received the letter, they have 14 days to acknowledge their receipt of it.

Rehabilitation

The next step in the claims process is looking at and assessing the claimants’ (reasonable) medical needs. The claimants’ need for rehabilitation or treatment should be assessed here. The funding of these costs should be addressed by the claimant and defendant.

If the defendant has accepted liability for the road traffic accident, an interim payment may be requested. This could cover the cost of such treatment.

Letter of Claim

The next step in the claims process is sending the letter of claim. This should be sent to the defendant and their insurance provider.

This is different from the letter of notification and should contain the following information:

  • Summarise the facts, such as the names of those injured, the date of the incident and what happened.
  • More detailed information on what injuries have been suffered and how this has impacted the claimant’s daily life.
  • Information regarding medical needs and estimates of financial losses suffered due to the injuries sustained.
  • Details on the heads of damages being claimed for.

The letter of claim should contain sufficient information and documentation for the insurance company to determine their clients’ liability for the accident. The defendant will then have 21 days to acknowledge the receipt of this letter.

Disclosure

At this stage of the road traffic accident claims process, any relevant documentation and information which could help to resolve the claim should be exchanged. This information should help to clarify and resolve any disputes between parties.

You will need to provide supporting evidence, such as medical evidence, witness statements and CCTV footage.

At this stage, if the defendant has denied liability they must disclose any relevant information, documentation or evidence which supports their claim. This could also include witness statements and CCTV footage.

Expert Reports

Both the defendant and the claimant can instruct relevant experts to provide testimony points of the claim.

For example, the claimant may be invited to an independent medical assessment and the report from this assessment could be used as evidence in the claim.

Alternative Dispute Resolution

Once both parties have exchanged all relevant information, they may be able to resolve the claim between them. If the defendant does admit liability, they may be able to resolve the value of the claim without the need for court proceedings.

If the two parties are unable to resolve any disputes, road traffic accident claims may need to go to court. Prior to this, the two parties should engage in alternative dispute resolution methods. This part of the process is set out in Section 9.1 of the Pre-Action Protocol.

Section 9.1 of the Pre-Action Protocol states that litigation and court proceedings should be the last resort when resolving a personal injury claim. Prior to this, parties should attempt alternative methods of dispute resolution. These include;

  • A joint settlement meeting.
  • Arbitration.
  • Mediation.

Any of these methods could be used to help the parties resolve any disputes. If none of these methods work, then the case may need to go to court.

For more information on how a No Win No Fee solicitor could help you navigate the road traffic accident claims process, please contact our team.

Two cars have been involved in a road traffic accident

Will I Have To Go To Court For My Road Traffic Accident Claim?

In most instances, your personal injury claim for a road traffic accident will not need to go to court. The majority of claims for a road traffic accident can be resolved without court proceedings. This means that the chances of your road traffic accident claim going to court are small.

There are different processes through which your car accident claim may go through. These are;

  • The Small Claims Track: A whiplash injury valued at less than £5,000 (per the Whiplash Injury Regulations 2021) are processed through a separate claims method as a small claims track.
  • The Fast Track Process: Claims worth up to £25,000 are called fast-track claims. Court cases for these claims are usually held informally.
  • The Multi-Track Process: This process is for claims worth over £25,000. Such claims deal with injuries which are more serious. If the claim does go to court, it will be more formal.

A road traffic accident solicitor from our panel could help guide you through the claiming process. They have years of practice and knowledge in these particular claims and will do their best to settle your case outside of court.

Contact a member of our advisory team today to see if you could work with a solicitor on our panel.

Can I Make A No Win No Fee Road Traffic Accident Claim?

From claims involving split liability to pedestrian injury claims, our team could help you to make a variety of different types of road accident claims.

The solicitors on our panel can help you navigate the road traffic accident claims process and offer a variety of services such as help with gathering evidence, submitting your claim within the time limits and negotiating your compensation.

A No Win No Fee solicitor from our team could handle your claim through a Conditional Fee Agreement (CFA). Under a CFA, there will be nothing to pay for the work carried out by a solicitor prior to the claiming starting, during the claim, or if it is unsuccessful.

Should your claim be a success they will take a success fee (a legally limited percentage) out of your compensation.

To learn more about how we could help you claim compensation, please contact our team:

  • Phone one of our advisors on 020 3870 4868
  • Use our form to start your personal injury claim online.
  • Speak to an advisor using the chat below.

A solicitor explains the road traffic accident claims process.

Learn More About Claiming Road Traffic Accident Compensation

Below, you can find out more about how a No Win No Fee solicitor could help you make a personal injury claim.

Additional resources:

Thank you for reading our guide to the road traffic accident claims process. For more information on making a road traffic accident compensation claim, please contact our team.