Road Traffic Accident Compensation Claims
Road Traffic Accident Compensation Claims
This guide will discuss when you may be able to claim for a road traffic accident that was the fault of another driver. Some topics we will cover include how to determine if a driver breached the duty of care that road users owe each other. Likewise, we’ll discuss the time limits you have to observe when seeking compensation. We’ll also explain the two heads of claim that can be included in a compensation award for road accident injuries.
Another topic we’ll discuss is how traffic accident solicitors may offer to work with you under the terms of a No Win No Fee agreement. This means you wouldn’t necessarily have to pay for their services if your claim fails. Read on to learn more about how you could benefit from this kind of arrangement.
Our team of advisors can be contacted 24/7 via the following methods. They can answer questions you may have about personal injury claims after a road accident. Reach them today:
- Phone 020 3870 4868
- Speak to a team member using the support box onscreen now
- Complete our ‘Contact Us’ web form
Select A Section
- When Can You Claim For A Road Traffic Accident?
- What Road Traffic Accidents Could You Claim For?
- How To Prove You Were Injured In A Road Traffic Accident
- What Could You Claim For A Traffic Accident?
- Why Contact UK Law About Your Road Traffic Accident Claim?
- Check Our Related Road Traffic Accident Claim Guides
When Can You Claim For A Road Traffic Accident?
You may be eligible to make a personal injury claim for a car accident when you can show how another driver did not uphold the rules outlined in The Road Traffic Act 1988. This piece of legislation establishes the duty of care that is owed on the road. All road users must take reasonable care to ensure they don’t cause damage or harm to themselves or others.
Similarly, the Highway Code lays out rules and guidance for road users, some of which are backed up elsewhere in law. It states that those who have the potential to cause the greatest harm have the greatest responsibility to reduce the danger they pose.
If you have been injured as a pedestrian, cyclist, passenger or driver, you may be able to claim when you can show another road user acted negligently. This involves showing how your injuries resulted from a breach of the duty of care you were owed.
Speak to our advisors if you have questions about the road traffic accident claims process.
Road Traffic Accident Claim Time Limits
There are time limits in place for making a personal injury claim after an accident on the road. The Limitation Act 1980 stipulates that you must begin a claim within 3 years of the road accident in which you were injured.
Certain exceptions exist. For instance, if you were under the age of 18 when the accident occurred, the time limit is suspended until the date of your 18th birthday. Likewise, adults without the mental capacity required to claim will have this time limit suspended until the date they gain the required capacity. When time limits are suspended, litigation friends can be court appointed to make a claim on your behalf.
Talk to our advisors if you have questions about how long after a road traffic accident you have to start a claim for compensation.
What Road Traffic Accidents Could You Claim For?
You may be eligible to claim if you were injured during a:
- Car accident
- Van Accident
- Heavy goods vehicle (HGV) accident
- Motorbike accident
- Hit and run accident
It’s important to note that any road user, including vehicle passengers and pedestrians, may be eligible to claim for injuries caused by a negligent driver or rider. This is true even if you were hit by an uninsured or untraced driver, as an organisation called the Motor Insurers’ Bureau (MIB) makes it possible for road accident victims to claim compensation when the negligent driver does not have insurance or cannot be located.
How To Prove You Were Injured In A Road Traffic Accident
Certain evidence will help demonstrate how another driver acted negligently. For instance, a potential claim could be strengthened if you can provide:
- Video footage caught on a dashcam or CCTV
- Contact details for anyone who witnessed the accident
- Medical records showing the injuries you sustained and the treatment you received afterwards
Contact our advisors to learn more about what could help prove your car accident injury or injuries that were the fault of another driver or rider.
What Could You Claim For A Traffic Accident?
The compensation awarded for a successful personal injury claim could benefit from up to two heads of claim. The first, general damages, aims to compensate you for the suffering caused by the injuries you sustained in a vehicle accident.
A car accident claim solicitor will usually assess the value of general damages by consulting the Judicial College Guidelines (JCG). This publication provides compensation brackets for different injuries, organised according to type and severity.
The table below contains some of these entries. Please consult them to get an estimate of how much compensation you could receive. However, these are only a guide, as compensation awards are calculated based on your personal circumstances, which the JCG cannot account for.
General Damages Compensation Guideline Table
| Injury or Harm | Brackets and Tariffs | Notes |
|---|---|---|
| Paralysis Injuries | £324,600 to £403,990 | Tetraplegia injury. Award will consider age, remaining residual movement, awareness, and other factors. |
| Moderately Severe Brain and Head Injuries | £219,070 to £282,010 | Very serious disability that requires constant professional or other care. This disability may be physical or cognitive in nature and life expectancy may be greatly reduced. |
| Severe Back Injuries (i) | £91,090 to £160,980 | Most severe form of injury involving spinal cord and nerve roots. This injury will involve severe pain and disability with incomplete paralysis. |
| Moderate Back Injuries (i) | £27,760 to £38,780 | This bracket contains injuries such as a crush/compression fracture of the lumbar vertebrae with substantial risk of osteoarthritis and constant discomfort/pain. |
| Severe Neck Injuries (i) | In the region of £148,330 | Injury that is associated with incomplete paraplegia or spastic quadriparesis, or despite wearing a collar 24 hours a day for a period of years, still has little or no movement in the neck. |
| Severe Neck Injuries (ii) | £65,740 to £130,930 | Injuries that give rise to disabilities that are of considerable severity, such as permanent damage to brachial plexus. |
| Severe Elbow Injuries | £39,170 to £54,830 | An injury to the elbow that is severely disabling. |
| Moderate Knee Injuries (i) | £14,840 to £26,190 | Injuries that involve torn meniscus/cartilage and a dislocation, which results in wasting, weakness, or other mild disability. |
| One or More Whiplash Injuries | £4,215 | Injury/Injuries that last more than 18 months but no longer than 24 months. |
| One or More Whiplash Injuries | £3,005 | Injury/Injuries that last more than 15 months but no longer than 18 months. |
What Special Damages Could Victims Of A Road Traffic Accident Claim?
In addition to general damages, you may also benefit from a second head of claim called special damages. This is intended to help you recoup certain financial losses that you experience due to your injuries. For example, special damages could help you reclaim the earnings you lose from missing work. Additionally, this could include future lost earnings if you cannot return to work at all.
Speak to our advisors to learn more about special damages. They can listen to the circumstances you describe and offer more personalised information about the financial losses that you may be eligible to claim.
The Whiplash Reform Program
As you may have noticed, some of the entries in the table above refer to whiplash. These entries are due to changes that came into effect as a part of the Whiplash Reform Programme. In accordance with these changes, drivers and passengers who are over 18 must make their claims in a different way if they suffer injuries that are valued at £5,000 or less.
Whiplash injuries are now compensated according to the tariff found in the Whiplash Injury Regulations 2021, of which you can see two entries in the table above.
If, on the other hand, drivers or passengers suffer additional injuries that take the value of their claim above £5,000, then their claim may be made traditionally. However, their whiplash and soft tissue injuries will still be valued in line with the tariff mentioned above. Those injuries not included in this tariff, such as brain injuries or partial paralysis, will be valued traditionally.
Even if certain injured parties do not have to claim using the method outlined as a part of the Whiplash Reform Programme, they may still have their soft tissue and whiplash injuries valued according to this tariff.
Speak to our team if you have further questions about vehicle accident compensation estimates.
Why Contact UK Law About Your Road Traffic Accident Claim?
Road traffic accident claims can benefit from the help of a professional. Solicitors can help you gather evidence, file the claim within time limits, and represent you during the process.
The solicitors on our panel generally work under a particular kind of No Win No Fee agreement called a Conditional Fee Agreement (CFA). This arrangement means that you don’t typically pay for a solicitor’s service fees if your claim fails.
Instead of charging ongoing fees for their services, your solicitor would take a legally capped success fee at the end of the claims process, but only if you are successful and receive compensation.
No Win No Fee Claims For A Road Traffic Accident
Speak to our team of advisors if you can show that another driver was at fault for a car accident. Additionally, they may be able to put you in contact with one of the solicitors on our panel. They can answer questions you may have about the claims process. Reach them today:
- Phone 020 3870 4868
- Speak to a team member using the support box onscreen now
- Complete our ‘Contact Us’ web form
Check Our Related Road Traffic Accident Claim Guides
Other guides about this type of personal injury claim:
How Is Compensation For MIB Claims Calculated?
Passenger In A Car Accident Claim – How To Seek Compensation
Claim For A Car Accident That Aggravated A Pre-Existing Condition
Further information from related sources:
Making An MIB Claim – Motor Insurers’ Bureau
Uninsured Driver – UK GOV
About Brake – A specific charity for the prevention of road accidents
We hope this guide has provided useful information about claiming for the injuries caused by a road traffic accident. If you still have questions, contact our team using the details provided above.
