Can I claim compensation for a road traffic accident?

Personal Injury

Thousands of people are involved in road accidents every year. If you have been involved in a road traffic accident which is not your fault, you might be able to make a free claim for personal injury compensation. This compensation can range from a modest sum to figures in the millions of pounds due to the fact that an individual can suffer very significant injuries as a consequence of a road traffic accident.

No Win No Fee Specialists

Here at Ward & Rider, we offer no-win, no-fee claims for individuals who’ve been injured through no fault of their own. These injuries can often cause serious financial problems through loss of earnings and medical treatment costs, not to mention the long-term impact of any health complications.

Road Traffic Accident Compensation Claims

Being involved in a road traffic accident can be a traumatic and life-altering experience. Whether you were the driver, a passenger, a pedestrian, riding a motorcycle, or a cyclist, the physical and emotional toll of such an incident can be overwhelming.

However, navigating the claims process can seem daunting, especially if you’re unfamiliar with the legal system. That’s where Ward and Rider come in. Our team of experienced solicitors are dedicated to guiding you through every step, ensuring you receive the maximum compensation you’re owed and the support you need to get your life back on track.

Remember, the effects of such accidents can often be felt for years to come, the disruption to your daily life, the financial burden of medical expenses and lost wages, and the emotional trauma can all take a significant toll. That’s why it’s crucial to seek legal representation that not only understands the severity of your injuries but also the full impact on your life.

Why Choose Us?

It is vital that your case for compensation is complete, well researched and laid out in the correct legal manner. This is what our team of solicitors specialise in, having years of experience and a wealth of cases and case law to refer to. They will work closely with you to ensure that we have the complete picture – from the physical and psychological effects to the practical and financial implications. Then we’ll tailor our approach to your unique circumstances, whether you’ve suffered a temporary setback or a life-changing injury, and fight to secure the compensation and support you deserve.

There are other reasons too:-

First and foremost we are a law firm and not an accident management company. This means that our primary focus is to get you the compensation you need and deserve.

We aren’t affiliated with insurance companies in any way, which means that we will do everything we can to get you the maximum compensation possible.

With us, one of our dedicated personal injury team will act as your direct point of contact, so you know exactly who you are dealing with. You will receive an unrivalled level of service as our personal injury experts are completely client focused and quality managed to the highest standard

Understanding The Road Traffic Accident Claims Process

In this article, we’ll delve into the ins and outs of road traffic accident claims, covering everything from the necessary steps to take after an incident to the various types of compensation you may be eligible for. Whether your injuries were minor or life-changing, we’re here to help you understand your rights and make the process as smooth and stress-free as possible.

Road traffic accidents can take many forms, but most can be categorised into the following common types:

• Car Accidents: This includes collisions between two or more vehicles, as well as accidents involving a single car. It does not matter what angle your vehicle is struck from, but rear shunts can mean your case is easier to prove.
• Motorcycle Accidents: Motorcyclists are particularly vulnerable on the roads and can sustain serious injuries in the event of a crash.
• Pedestrian Accidents: Pedestrians struck by a vehicle can suffer significant injuries, often resulting in long-term or permanent disabilities.
• Cycling Accidents: Cyclists face unique risks on the roads and may be entitled to compensation if they are involved in a collision with a motor vehicle and knocked off their bike.
• Public Transport Accidents: Passengers injured while traveling on a bus, train, or other public mode of transportation may have grounds for a claim.
• Hit and Run Incidents: These cover a whole range of collision types and have the additional problem of not having anyone to make a direct claim on.

 

What to Do Immediately After a Road Traffic Accident

If you’ve been involved in a road traffic accident, there are several important steps you should take to protect your right to claim compensation:

 

1. Ensure Everyone’s Safety: The first priority is to make sure that you, your passengers, and any other individuals involved in the accident are safe and receive any necessary medical attention.
2. Report the Accident: You should report the accident to the police within 24 hours, as this will serve as official documentation to support your claim.
3. Gather Evidence: Collect as much information as possible at the scene, including the names and contact details of any witnesses, photographs of the vehicles and the accident location, and details of the other driver(s) involved.
4. Seek Medical Attention: Even if your injuries seem minor, it’s crucial to seek medical attention as soon as possible. This will not only ensure your well-being but also provide vital evidence to support your compensation claim.
5. Contact a Solicitor: As soon as you’re able, reach out to a team of experienced road traffic accident solicitors, like ours at Ward and Rider. We can advise you on the next steps, help you navigate the claims process, and ensure you receive the maximum compensation you’re entitled to.

 

By taking these steps, you’ll be well on your way to making a successful road traffic accident claim and getting the support you need to recover and move forward.

The Changing Landscape of Small Claims and Whiplash Reforms

In recent years, the landscape of personal injury claims, including those related to road traffic accidents, has undergone some significant changes. The introduction of the Civil Liability Act 2018 and the Whiplash Reforms Program have brought about new rules and tariffs that aim to lower the overall costs and frequency of any potentially fraudulent or exaggerated claims.

These changes have had a particular impact on small personal injury claims, including those for whiplash and other minor road traffic accident injuries. Key updates include:

• The small claims general damages limit has risen from £1,000 to £5,000 for road traffic accident injuries.
• Compensation for soft tissue and whiplash injuries is now fixed and banded by severity, with lower amounts than before.
• Claimants can no longer recover their legal costs from the other side in a small claim, as these will now be deducted from the compensation award.
• There has also been a change affecting other types of minor injuries which were sustained in a road traffic accident, an example being simple fractures, these too now being classified as small claims.
• Claimants can now make a small road traffic accident claim themselves, without the need for a solicitor.

 

It’s important to note that these changes do not apply to all road traffic accident claims. Vulnerable road users, such as cyclists and pedestrians, as well as workplace accidents, public place incidents, and medical negligence claims, are not affected by the new rules.

If you’re unsure how the recent reforms may impact your case, our solicitors can provide you with the necessary guidance and support to ensure you receive the maximum compensation possible, regardless of the severity of your injuries.

The Road Traffic Accident Claims Process

The process of making a road traffic accident claim can vary depending on the complexity of your case, the severity of your injuries, and whether liability is admitted by the other party. However, there are some common steps that you can expect to follow:

Establishing Liability

The first step in any road traffic accident claim is to determine who is responsible for the incident. Our solicitors will gather evidence, such as witness statements, police reports, and photographs, to build a strong case and secure an admission of fault from the other party.

Assessing the Damages

Once liability has been established, we’ll work to quantify the damages you’ve suffered. This includes not only the physical injuries but also any financial losses, such as lost earnings, medical expenses, and the cost of any necessary rehabilitation or home/vehicle modifications.

Negotiating a Settlement

With a clear understanding of your injuries and their impact, our solicitors will negotiate with the other party’s insurers to secure a fair and reasonable settlement. In the majority of cases, this is achieved without the need for a court appearance.

Securing Interim Payments

In more serious cases, where the injuries have left you in financial difficulty, we can work to secure early compensation payments to help cover immediate costs, such as bills, mortgage payments, or the cost of care and support.

Court Proceedings (if necessary)

If the other party denies liability or the settlement negotiations break down, your claim may need to proceed to court. However, this is relatively rare, as our solicitors have a strong track record of reaching successful out-of-court settlements.

Throughout the entire process, we’ll be by your side, providing regular updates, answering your questions, and ensuring that you’re fully informed and supported every step of the way.

Time Limits for Road Traffic Accident Claims

To be eligible for a road traffic accident compensation claim, the incident must have occurred within the last three years. This time limit applies to those who were 18 or over at the time of the accident.

If you were under 18 when the accident happened, and no claim was made on your behalf, you have until your 21st birthday to initiate a claim.

There are, however, some exceptions to these time limits. For example, if you or a loved one has suffered a serious head or brain injury, the time limit may be extended. In cases where the identity of the driver is unknown, such as in a hit-and-run incident, or the driver was uninsured, the time limit may also be different.

Regardless of the specifics of your case, it’s always best to seek legal advice as soon as possible. Our solicitors can help you understand the applicable time limits and ensure that your claim is filed within the required timeframe.

Compensation for Road Traffic Accident Injuries

The amount of compensation you may be entitled to receive for your road traffic accident injuries can vary significantly, depending on a variety of factors. These include the severity of your injuries, the duration of your recovery, any financial losses you’ve incurred, and the impact on your future earning potential and quality of life.

Generally, your compensation may cover the following:

• Pain and Suffering: This covers the physical and emotional distress caused by your injuries, including any ongoing symptoms or limitations.
• Lost Earnings: Compensation for any time off work, as well as any future loss of income or changes to your job prospects.
• Medical Expenses: This can include the cost of medical treatment, rehabilitation, and any necessary home or vehicle adaptations.
• Care and Support: Compensation for any care or assistance you’ve received, even if provided by family or friends.
• Travel Costs: Reimbursement for expenses incurred, such as transportation to medical appointments.
• Specialist Treatment: Compensation for any private treatment not available through the NHS.

 

It’s important to note that the new rules and tariffs introduced by the Civil Liability Act 2018 and Whiplash Reforms Program have impacted the compensation amounts for certain types of road traffic accident injuries, particularly those classified as “small claims.”

Our solicitors will work closely with you to ensure that the full extent of your injuries and their impact are taken into account, maximizing the compensation you receive. We’ll also explore the possibility of securing early interim payments to help cover any immediate financial burdens you may be facing.

Compensation Amounts for Common Road Traffic Accident Injuries

While the exact amount of compensation you may receive will depend on the unique circumstances of your case, the following table provides a general overview of the compensation ranges for some common road traffic accident injuries:

Please note that these figures are for general guidance only and may be subject to change due to the recent legal reforms. Our solicitors will provide you with a more accurate assessment of your potential compensation based on the specifics of your case.

Funding Your Road Traffic Accident Claim

One of the main concerns for many people when considering a road traffic accident claim is the cost. However, with our no win, no fee arrangement, you can make a claim without any upfront costs or financial risk.

Also known as a conditional fee agreement, the no win, no fee system means that you only pay a fee if your claim is successful. This fee is a percentage of your final compensation award and is agreed upon upfront, so you’ll know exactly what to expect.

In the event that your claim is unsuccessful, you won’t have to pay anything to us or the other side. The cost of any legal expenses insurance (often referred to as “After the Event” or ATE insurance) will also be covered by your compensation, so you’re protected every step of the way. Note there are some exceptions here, so please see our page covering this area in more detail.

Our solicitors will take the time to explain the funding process in detail, ensuring that you fully understand your obligations and the potential costs involved. We’re committed to providing transparent and honest advice, so you can make an informed decision about moving forward with your claim.

Early Compensation Payments

In more serious road traffic accident cases, where your injuries have left you in financial difficulty, our solicitors can work to secure early compensation payments, also known as interim or immediate needs payments.

These early payments can help cover the cost of essential expenses, such as:

• Rent or mortgage payments
• Utility bills
• Grocery and other living costs
• The cost of any care or support you require

 

By securing these interim payments, we can alleviate the financial burden you’re facing, allowing you to focus on your recovery without worrying about how to make ends meet.

Our solicitors will negotiate with the other party’s insurers to obtain these early payments as quickly as possible, ensuring that you have the financial support you need during this challenging time.

The Role of Rehabilitation and Recovery

At Ward and Rider Solicitors, we understand that the road to recovery after a road traffic accident can be long and arduous. That’s why we don’t just focus on securing the maximum compensation, but also on ensuring you have access to the necessary rehabilitation and support services.

As part of your no win, no fee claim, we’ll arrange for a comprehensive medical assessment to determine the extent of your injuries and any ongoing treatment or rehabilitation needs. This assessment will form the basis of our negotiations with the other party, helping us to secure the appropriate level of compensation to cover the cost of your recovery.

Whether you require physiotherapy, occupational therapy, trauma counselling, or any other specialist treatment, our solicitors will work with a network of trusted providers to ensure you receive the care and support you need. We’ll also explore the possibility of securing early interim payments to cover the cost of this rehabilitation, so you can focus on your recovery without added financial stress.

By taking a holistic approach to your case, we’re committed to helping you not only obtain the compensation you deserve but also regain your independence and quality of life.

Who Pays the Compensation?

The party responsible for paying your road traffic accident compensation will depend on the specific circumstances of your case:

1. Accidents Caused by Another Motorist: If your accident was caused by another driver, their insurance company will be responsible for paying your compensation.
2. Uninsured Driver Accidents: If the driver responsible for your accident was uninsured, your compensation will be paid by the Motor Insurers’ Bureau (MIB), a government-backed organization that exists to provide compensation in such cases.
3. Hit and Run Accidents: Similarly, if the driver who caused your accident fled the scene and cannot be traced, the MIB will be responsible for your compensation.
4. Accidents Caused by Poor Road Conditions: If your accident was due to poorly maintained roads or pavements, the responsible authority (such as Highways England or your local council) will be liable for your compensation.
5. Collisions with Pets or Livestock: If your accident was caused by a collision with a domestic pet or farm animal, the animal’s owner may be responsible for your compensation, provided they were negligent in their duty of care.

 

Regardless of the responsible party, our solicitors will work diligently to ensure that you receive the full compensation you’re entitled to without the need for you to pursue the at-fault individual directly.

Frequently Asked Questions

Can I claim compensation if the accident was partially my fault?

Yes, you may still be able to claim compensation even if the accident was partially your fault. In such cases, the amount of compensation you receive may be reduced to reflect your level of responsibility, but you can still be entitled to a settlement.

How long will my road traffic accident claim take?

The duration of a road traffic accident claim can vary significantly, depending on the complexity of your case and the severity of your injuries. A straightforward claim for minor injuries may be settled within a few months, while more complex cases involving serious or life-changing injuries could take several years to resolve.

Do I have to go to court for my road traffic accident claim?

No, the majority of road traffic accident claims are settled out of court. Our solicitors have a strong track record of negotiating successful settlements with the other party’s insurers, avoiding the need for court proceedings. However, if liability is disputed or the settlement negotiations break down, your claim may need to proceed to a court hearing, but this is relatively rare.

Conclusion

If you’ve been involved in a road traffic accident that wasn’t your fault, you may be entitled to significant compensation. At Ward and Rider we have the expertise and experience to guide you through the claims process, ensuring you receive the maximum settlement and the support you need to recover.

From establishing liability and quantifying your damages to negotiating with insurers and, if necessary, representing you in court, our team of dedicated solicitors will be by your side every step of the way. We understand the physical, emotional, and financial toll of a road traffic accident, and we’re committed to helping you make it right.

Don’t hesitate to reach out to us today for a free, no-obligation consultation. We’re here to listen, answer your questions, and help you take the first step towards securing the compensation you deserve.