Road Traffic Accident Claim FAQs
Road accidents can be life-changing, and dealing with their aftermath is no easy task. If you have been hurt in one through no fault of your own, you may have grounds to make a road traffic accident claim.
From legal costs to medical examinations, we aim to answer some of the most commonly asked questions about the claims process following a road accident.
We will first discuss how not wearing a seatbelt could influence your claim. Then, we will clarify whether you must make a police report or use a solicitor recommended by your insurance company.
Next, we’ll delve into medical examinations, how to exchange personal details after an accident, and what happens when an uninsured driver hits you. Finally, we will explain what a No Win No Fee Agreement is and whether using one in your personal injury claim could benefit you.
Our panel of solicitors have a wealth of experience in handling road traffic accident claims. For more information on your options, please reach out using the details below:
- Fill out our website’s ‘Contact Us’ form
- Phone us on 020 3870 4868
- Speak to an advisor using the chatbox below
Jump To A Section
- Can I Claim For A Car Accident If I Wasn’t Wearing A Seatbelt?
- Do I Need To Use The Solicitor My Insurance Provider Recommends?
- If I Am Involved In A Road Traffic Accident, Do I Need To Tell The Police?
- Can I Still Claim If The Other Driver Was Uninsured?
- Will I Need A Medical Examination?
- What Details Should Be Exchanged After A Car Accident?
- What Is A No Win No Fee Agreement?
- More Information
Can I Claim For A Car Accident If I Wasn’t Wearing A Seatbelt?
If you have been injured in a road traffic accident and want to claim compensation, you will need to prove that another road user or a third party was at least partly responsible for the incident.
All road users owe each other a duty of care to navigate the roads in a way that prevents injury to themselves and others. To meet that duty of care, they need to follow the rules and regulations of the Road Traffic Act 1988 and the Highway Code.
A road user who breaches their duty and causes harm to another is said to be liable.
However, what happens when you are also at fault for your injury by not wearing a seatbelt? If it is found that you contributed to your injuries but someone else is at fault for the accident, you can still claim compensation at a reduced percentage.
That means that the careless driver who hit you would still have:
- Owed you a duty of care as a fellow road user
- Breached that duty by failing to follow the rules and regulations of the road by getting too close or being distracted
- Contributed to your injuries, from fingertip fractures to traumatic brain injury
In situations where you partly contributed to your own injuries by not wearing a seatbelt, you may find your claim influenced by contributory negligence. What that means for your compensation will depend on how liable you are found to be for the accident. If you are deemed 25% liable, the courts will deduct 25% of your compensation amount.
To find out whether you could make a claim, speak to our team for more information about injury compensation after a road accident.
Do I Need To Use The Solicitor My Insurance Provider Recommends?
Some insurance providers have preferred law firms, but you are under no obligation to use them. In fact, you have the right to choose your own legal representation under the Insurance Companies (Legal Expenses Insurance) Regulations 1990.
If your insurer does try to appoint a solicitor, you will need to challenge their decision if you believe that someone else would better handle your case.
Our panel of solicitors have extensive experience handling claims for road traffic accident injuries. For further guidance, talk to an advisor today about starting a road traffic accident claim and learn more about your options.
If I Am Involved In A Road Traffic Accident, Do I Need To Tell The Police?
Generally, you must inform the police within 24 hours if your road traffic accident led to:
- Injury or damage being suffered by someone or to an animal
- Damage to a vehicle or other property
- Details not being exchanged with involved parties
You won’t need to make a report so long as you exchanged details and the accident caused no injuries or involved suspected driving offences.
If you do need to file a police report, you may find that it proves to be valuable. You could use it as evidence for a compensation claim alongside dashcam footage and medical records.
Our team of advisors are ready to discuss the specifics of your road traffic accident claim.
Can I Still Claim If The Other Driver Was Uninsured?
If an uninsured driver caused you injuries through no fault of your own, you still have grounds to make a road accident compensation claim.
To that end, an uninsured driver may show negligence on the road through careless or dangerous actions that lead to you suffering an injury.
To make a road traffic accident claim, you’ll need to go through the Motor Insurers’ Bureau (MIB). The MIB is a not-for-profit organisation that aims to provide compensation to anyone involved in an accident with an uninsured or untraceable driver who was at least partially at fault.
The Secretary of State for Transport and the MIB are parties to the Uninsured and Untraced Drivers’ Agreements of 2015 and 2017. The agreement fulfils an obligation to provide a compensation fund to victims of accidents caused by untraced and uninsured drivers. To make a claim via the MIB, you will need to:
- Demonstrate that a third party owed you a duty of care and was at least partly liable for the accident
- Start a claim within three years according to the time limits set out by the Limitation Act 1980
- Make a police report for your road traffic accident
- Keep the MIB updated on any court proceedings initiated
Whilst you can make a claim with the MIB by yourself, our panel of experienced road traffic accident solicitors can handle the process for you.
Do you have more questions about making a road accident claim? Contact us today for free advice.
Will I Need A Medical Examination?
Even if you only suffered minor injuries, you will likely need a medical examination for your road traffic accident claim. Indeed, the Civil Liability Act 2018 requires that an examination be performed before you can settle a claim.
An independent general practitioner or specialist will always undertake a medical examination. In the process, you may strengthen your claim by:
- Documenting the extent of your back injury or broken collarbone
- Revealing how long it may take for you to make a recovery
- Demonstrating the impact on your day-to-day life, such as a need for ongoing treatment or care
- Helping your legal team put a value on the compensation you could be due
Talk to our team to find out more about what your road traffic accident claim may involve.
What Details Should Be Exchanged After A Car Accident?
After any road traffic accident, you’ll typically have the opportunity to exchange details with the other parties. You’ll want to share the following information:
- Your full name
- Your home address, including your postcode
- Your contact number
- Your vehicle registration
- Your insurance details
Of course, it’s not always possible to exchange information. Hit-and-run accidents can complicate the process, but it’s still prudent to get eyewitnesses’ contact details where possible. Your solicitor can use the information to gather witness statements that could support your road traffic accident claim.
Our advisors are waiting to answer any questions you have about the steps you can take to make a claim following a road traffic accident.
What Is A No Win No Fee Agreement?
No Win No Fee agreements are a type of funding arrangement intended to give some financial protection to claimants in regards to solicitor’s fees. In doing so, such agreements aim to mitigate the risk of instructing a solicitor to represent you.
Our knowledgeable panel of solicitors offer a type of No Win No Fee funding arrangement called a Conditional Fee Agreement (CFA). Solicitors who use CFAs when handling road traffic accident claims will typically offer the following:
- No immediate fees to start a road accident claim
- No ongoing or hidden solicitor fees
- No solicitor fee to pay when a claim fails
For favourable outcomes, your legal representative receives a small fee, which gets deducted from the compensation awarded to you. This “success fee” is legally capped, so you’ll keep the majority of the settlement awarded.
Making a road traffic accident claim brings with it plenty of questions. We hope we’ve answered many of the ones you have had. To learn more about what our panel of solicitors can do for you, please contact us using the details below:
- Fill out our website’s ‘Contact Us’ form
- Phone us on 020 3870 4868
- Speak to an advisor using the chatbox below
More Information
We have additional guides relating to road traffic accidents that could be valuable to you:
- Further information about the road traffic accident claim process.
- Some common questions about what to do when a whiplash claim gets refused.
- An overview of zebra crossing accident claims.
The following external resources may also have useful information:
- Government statistics on road traffic collisions and casualties.
- Advice from the government’s road safety campaign.
- The NHS has information about the complications caused by head injuries.
Thank you for taking the time to read our guide about starting a road traffic accident claim.
