Have you been involved in a road accident that wasn’t your fault and want to determine your next steps? A traffic accident claim could be the best thing for you. If successful, road traffic accident claims will end in compensation. Claiming compensation can help to recoup any losses you may have suffered physically and mentally as well as financial damages.
In 2023, GOV.UK reported 132,977 casualties (with injuries of many severities) resulting from road traffic accidents. Moreover, per Brake.org.uk, every 17 minutes someone in the UK is killed or severely injured in a road-related accident (this is a ten year average between 2014-2023).
If you were involved in a collision on the roads and would like to find out if you could be eligible for compensation, contact us today by filling out our contact form, selecting the live chat option, or calling our 24-hour helpline on 0800 408 7825.
Choose A Section
- Understanding Road Traffic Accident Claims in the UK
- Who Can Make a Road Traffic Accident Claim?
- How Much Compensation You Could Claim
- Gathering Evidence for a Successful Traffic Accident Claim
- The Role of Solicitors in Road Traffic Accident Claims
- Filing a Claim Against an Uninsured Driver in the UK
- Can You Claim as a Pedestrian Injured in a Road Traffic Accident?
- Motorbike and Bicycle Road Traffic Accident Claims
- Resources for Road Traffic Accident Victims in the UK
Understanding Road Traffic Accident Claims in the UK
Road traffic accident claims are a way to claim compensation when you have been injured in a road accident. They are considered to be personal injury claims. You can only claim compensation by proving you have suffered physical or mental harm. You could also claim for other consequences like loss of earnings caused by your injuries.
Who Can Make a Road Traffic Accident Claim?
Anyone using the roads has a duty of care to uphold to the other road users. As part of this duty, they must navigate in a safe and responsible manner to prevent causing damage and injury. This duty of care includes complying with the Road Traffic Act 1988 and the Highway Code.
As part of this, drivers need to avoid reckless driving, be mindful of other drivers by letting them pass when necessary, and not be on their phones while driving. If you or another driver breaks driving laws and causes a road traffic accident, this duty of care has been breached. If this causes you to sustain injuries, you might have a valid claim.
However, you will need to prove that you meet the personal injury claims eligibility criteria. This is:
- Another driver owed you a duty of care.
- They breached this duty.
- You sustained injuries due to this breach.
Being partially responsible for a road traffic accident will decrease the amount of compensation you receive. For example, if it was deemed that you are 20% responsible for the accident, your compensation amount would be reduced by 20%.
Common Injuries You Could Claim For
There are various injuries you could sustain in a road traffic accident, ranging from a minor injury to more severe injuries, such as brain damage. You could also suffer psychological harm from being involved in the accident, or witnessing a severe car crash.
If you sustain whiplash or minor injuries in a road traffic accident in England or Wales, your claim may be made through a different avenue because of the Whiplash Reform Programme. These Reforms changed how some claims for road collisions are made. However, you will need to meet the eligibility criteria:
- The injuries occurred while you were the driver or passenger of a vehicle.
- You are 18 or older.
- The total value of your injuries does not exceed £5,000.
Additionally, whiplash will be valued in line with a fixed tariff that is found in the Whiplash Injury Regulations 2021 (we provide a few examples of the tariff in the next section). However, if you sustained other injuries in the collision, these will be valued in accordance with the Judicial College Guidelines (which we discuss below). If the combined value of your injuries goes over £5,000, your claim will need to be made in the traditional manner.
If you have any questions about how car crash injuries are valued, speak with a member of our advisory team.
How Much Compensation You Could Claim
All compensation amounts will vary. This is because all road traffic accident claims are different with compensation awarded on a case-by-case basis and affected by different factors. However, using the Judicial College Guidelines (JCG) we’ve put together a table with some possible compensation amounts.
The figures below are merely guidelines and are not guaranteed. Moreover, you will likely receive special damages (explained in more detail below) in addition to the injury compensation amounts below. Please also note that the figure in the top row was not taken from the JCG. We’ve also included two tariffs from the Whiplash Injury Regulations at the bottom of the table.
| INJURY | SEVERITY | GUIDELINE COMPENSATION AMOUNT |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Severe with multiple instances of special damages. | Up to £1 million or more |
| Head Injury | Very Severe | £344,150 to £493,000 |
| Pelvic Injuries | Severe (i) | £95,680 to £159,770 |
| Neck Injury | Severe (ii) | £80,240 to £159,770 |
| Knee Injury | Severe (i) | £85,100 to £117,410 |
| Back Injuries | Severe (ii) | £90,510 to £107,910 |
| Severe Leg Injury | Very Serious | £66,920 to £109,290 |
| Wrist Injury | Complete Loss of Function | £58,710 to £73,050 |
| Whiplash Tariff | Whiplash with minor psychological injuries lasting more than 18 months but not more than 2 years. | £4,345 |
| Whiplash Tariff | Whiplash lasting more than 18 months but not more than 2 years. | £4,215 |
Claiming for Psychological Impact After a Road Traffic Accident
When making a road accident claim, you can claim for psychological impact as well as physical injuries. This still falls under general damages. Psychological impact usually refers to conditions you develop after the incident, such as anxiety, depression, PTSD (Post-Traumatic Stress Disorder) and extreme stress.
You will need strong, direct evidence like medical reports to prove that you suffered directly due to being involved in a road traffic accident. You will also have to prove during your claim that this suffering was because of a driver or multiple drivers neglecting their duty of care.
If you already suffered from a condition like depression prior to the incident which then worsened, you can also include this information in your road accident claim.
Claiming Lost Wages and Future Earnings in a Road Traffic Accident Claim
When pursuing a claim, the compensation you receive is split into two parts (or heads of claim): general damages and special damages. General damages cover the mental and physical suffering you have been forced to endure following a road traffic accident.
On the other hand, special damages for road traffic accident claims could help you to recoup your loss of earnings and future losses. This will likely occur if you have strong proof that you can no longer work due to the damage caused by a car accident or related road accident.
Additionally, under special damages, you can be reimbursed for other financial hardships caused by your injuries, including:
- Medical treatments, physical therapy and prescriptions.
- Home adaptations, such as installing a wheelchair ramp.
- Any home help, including domestic duties such as cleaning as well as nursing care.
To learn more about how compensation could be awarded and for a free claim valuation, speak to one of our team members.
Gathering Evidence for a Successful Traffic Accident Claim
Evidence is an extremely important part of the claims process. This will need to prove liability for your injuries. Types of evidence that are useful for road accident claims include:
- CCTV footage of where the accident took place. You have the legal right to request CCTV footage from the relevant authority (like a shopowner or the local council) within 30 days.
- Medical records from your GP and any hospitals. Medical evidence like ongoing treatment and any diagnoses will strengthen your claim
- Witness statements – if anyone saw the road traffic accident occur, ask if you can get their details. You can then contact witnesses at a later date for a witness statement to back up your own statement. Your solicitor can also assist you in gathering evidence.
Speak to an advisor about what evidence you could gather to support your personal injury claim.
The Role of Solicitors in Road Traffic Accident Claims
Working with a solicitor when making a road traffic accident claim makes your claim more likely to be successful. Our panel of specialist personal injury solicitors can offer personalised legal advice and help you make the best decisions to claim higher amounts of road traffic accident compensation.
Moreover, the car accident claims process can take a while. Having a solicitor will ease some of your stress during a difficult time.
Even better, with us you don’t have to worry about the financial aspect of making a claim. This is because of the No Win No Fee service offered by our panel, which we explain in more detail below.
No Win No Fee Road Traffic Accident Claims
Our panel offer their No Win No Fee service under the terms of a Conditional Fee Agreement (CFA). These arrangements are an excellent way to pursue a road traffic accident claim with the support of a solicitor because:
- You won’t have to pay for your solicitor’s services when they start work on your claim.
- There also won’t be anything to pay as the claim progresses.
- You will not owe anything for your solicitor’s work if your claim is deemed unsuccessful.
- You only pay a success fee to your solicitors if you receive compensation. This is taken as a limited percentage that is subject to a legal cap.
Plus, all fees will be agreed upon when you start your claim, so there isn’t any financial risk.
If you would like to find out more about having the support of a No Win No Fee solicitor, contact an advisor today.
Filing a Claim Against an Uninsured Driver in the UK
Normally when a crash takes place, those involved exchange insurance details. The insurance company will then deal with any road traffic accident claims put forward. However, sometimes a driver isn’t insured.
If this occurs, then the claim could be made to the Motors Insurers’ Bureau. The Motors Insurers’ Bureau takes on requests for those claiming against drivers without an insurance company. It is additionally useful if the other driver is refusing to cooperate, as you could still be entitled to road traffic accident compensation.
The Motors Insurers’ Bureau may also be able to assist you in tracking down a driver who left the scene of an accident before any information could be obtained, i.e. a hit and run.
Can You Claim as a Pedestrian Injured in a Road Traffic Accident?
The simple answer is yes, you can make a personal injury claim as a pedestrian injured in a road accident. As with any claim, you’ll need evidence such as the examples listed above to prove the effect a road traffic accident has had on your life.
You may be deemed partially at fault when making a pedestrian accident claim. This is usually in instances like walking across a road when the traffic lights were on red, or not paying attention to the road when crossing. You will still be able to claim compensation, but the amount won’t be as much as it would be if you weren’t responsible for the accident at all.
Motorbike and Bicycle Road Traffic Accident Claims
When hearing about road traffic accident claims, you probably think of cars being the vehicles involved. Still, motorcycle and cycle accidents both fall under road traffic accidents.
Examples of potential claims are if a motorist causes a cyclist to be knocked off their bike or if a cyclist overtakes a car, leading to dangerous driving conditions.
Resources for Road Traffic Accident Victims in the UK
Here are a few more guides that might be helpful:
- Discover how to claim against an uninsured driver.
- Find out how to make a pedestrian injury claim.
- Learn what to do if you have a motorcycle injury.
External websites you might find useful:
- Think.gov.uk – get up to date on road safety laws.
- NHS.UK – learn how to access your full NHS GP health record.
- Police.UK – information about collisions and incidents on the roads.
Now you know who can make road traffic accident claims and vital information about the claims process, reach out to our expert team to seek legal advice about a road accident injury claim today. You can do this by:
- using our contact form.
- selecting the live chat option.
- calling on 0800 408 7825.
