Road traffic accident claims

What's usually covered by compensation?

Each claim is unique to the person involved. How much you could be awarded depends on injury type, severity, recovery time and the financial impacts on your life. This means road traffic accident compensation amounts often vary.

Generally, our no win no fee solicitors will aim to recover compensation for any negative impact your injuries have had on you. These include things like:

• Time off work and loss of earnings.
• Future loss of income and effects on your job prospects.
• Any changes to your ability to work.
• Care or support you've received, even if given freely by family or friends.
• Any changes you might need to your home or vehicle as a direct result.
• Any travel costs you've incurred, for instance attending treatment.
• The cost of any specialist treatment prescribed to you not available via the NHS.

As there are so many factors involved, it's hard to say how much your road traffic accident compensation claim may be worth before it starts. However, you'll get a clear idea when your traffic accident solicitor starts negotiating with the other side's insurers. We have more than 26 years' road traffic accident experience so why not try our compensation calculator? It'll give you a rough idea about what to expect in a successful claim.

What are early compensation payments?

Early compensation payments are also known as interim or immediate needs payments. They're paid to people who need early financial help before their compensation claim is settled. This could be for several reasons. Usually it's when the road traffic accident injuries sustained are so serious that they leave people in real difficulty.

Early payments could cover the cost of housing your family somewhere near where you're being treated. They might be made to cover rent, mortgage or other bills because you're on reduced or statutory sick pay.

If you're unable to cover the financial aftermath of your injury, your solicitor will work to secure early compensation payments for you. They'll do this while also negotiating your final road traffic accident settlement.

For more information, call us free on . Alternatively, check if you have a potential claim online or book a call-back with us.

How do I pay for a road accident compensation claim?

You do this with a no win no fee arrangement, also known as a conditional fee agreement. It's the contract between you and your no win no fee personal injury lawyer.

There are no upfront costs or hidden charges but if you win the claim, you'll be asked to pay any costs and expenses, not paid for by the other side, out of your compensation. This is likely to happen in most cases, as the other side is only required to make a contribution to your legal fees.

These costs will only be deducted when your compensation is paid, and may include: 

• A ‘success fee' which compensates the solicitor for the risk they take, as if your claim is unsuccessful they won't be paid at all.
• Any other legal costs or expenses not recovered from the other side, such as the costs of any legal expense insurance.

When you start your claim, your solicitor will take out insurance protection on your behalf. This is sometimes called ATE (After The Event) insurance. If your claim is unsuccessful, then the other party's costs will be paid out of this insurance. If you don't receive any compensation, then you won't have to pay for the ATE insurance. If your claim is successful, then it'll be paid out of your compensation as part of the fees.

Your solicitor will discuss this with you at the start, so you'll know what to expect when your claim settles. If you don't win your no win no fee claim, you pay nothing to anyone. It's as simple as that.

What should I do after a road traffic accident?

No-one expects to be involved in a road traffic accident. However, they happen every hour of the day and on every day of the year. The shock of an accident can be disorientating so here's a quick reminder of the things you should do if you're involved in one. 

What you must do immediately afterwards

• Stop the vehicle as soon and as safely as you can and remember, you'll be committing an offence if you keep driving.
• Turn off the engine ignition, put your hazard lights on and check if anyone in the car has been injured.
• In a minor accident where nobody has been hurt, note it down. It's not unknown for people to try and claim for an injury at a later date.
• If anyone involved has been injured or the road is blocked, call the police and an ambulance immediately on 999.
• Stay calm and don't admit responsibility - that's for others to decide. 

When do I need to call the police?

• If the other driver or drivers leave the scene without swapping vehicle and insurance details.
• If you suspect the other driver is uninsured or is under the influence of alcohol or drugs.
• If you think that the accident may have been caused deliberately.

In these circumstances, make sure you report the road traffic accident to the police within 24 hours. This is really important as not doing so is an offence. You may be fined, collect points or even be disqualified. Make a note of which police constabulary office you reported it to, their contact details and the incident number they give you. This information will come in handy later if you make a road traffic accident compensation claim.

What details should I collect at the scene?

• The law says that if the road traffic accident involved injury, vehicle damage or both, you must swap names and addresses with everyone involved.
• Make a note of the other vehicle's registration number, make, model and colour.
• Exchange insurance details with the other driver(s). It's worth keeping a note of your motor vehicle insurer and policy number in a purse or wallet so you have them easily to hand. 
• Take a note of the names and addresses of any other passengers or witnesses.
• Ask whether the other driver(s) is the registered owner. If not, ask who is (for instance if it's a company car).
• If the road traffic accident involved a vehicle on foreign plates, get the registration number, make, model and colour. 
• If it was a commercial vehicle or HGV, get the registration numbers on the cab and the trailer as they can differ. Don't forget to take a note of the company name and contact details marked on the side too. 

What other information should I collect at the scene?

• The time and date of the crash plus make a note of the weather, road conditions and lighting if there was any.
• Note down the damage caused to the vehicles involved and take pictures of the road traffic accident scene and the damage caused if it's safe to do so. 
• Record any injuries to drivers, passengers or other road users like cyclists or pedestrians.
• Look for any CCTV cameras and make a note of their location.

Many people now use dashcams just in case. This is really useful evidence in a road accident traffic claim as they record things exactly as they happened. Dashcams normally record onto an SD memory card that fits in the unit. Make sure you keep the footage safe. Your solicitor will thank you should you make a road accident compensation claim.

What's the legal process for making road traffic accident claims?

Legal matters can be complex - but don't worry, your road traffic accident injury solicitor will take care of everything for you. Here we explain how road traffic accident claims work.

Road traffic accident claims of up to £25,000

In general, personal injury claims valued from £1,000 to £25,000 are called fast track or single track claims. New rules for fast track claims arrive in 2021 and will change these limits to between £5,000 and £25,000. Claims with general damages for pain and suffering under £5,000 will be re-classified as a ‘small claim'. No win no fee terms will be available to fund such small claims so you'll won't be left out-of-pocket if your claim doesn't succeed.  

A solicitor will make these types of road traffic accident claims through an internet system called the Claims Portal, which is run by a government department called the Ministry of Justice. Solicitors use it to process all claims for injuries like cuts and minor fractures and whiplash.

When the other side accepts liability for a road traffic accident

• If the other side you hold to blame for the accident admits liability, the claim continues through the portal until it's successfully settled. 
• This is when your solicitor negotiates with the other side until both sides can agree an acceptable compensation figure that you're also happy with.
• Your solicitor will receive payment from the other side's insurance company around four weeks after the claim is settled. 
• Your solicitor deducts an agreed and capped proportion of your compensation as payment for winning the claim and then pays you the balance.

When the other side denies or disputes liability for a road traffic accident

If the other side denies liability, disputes it or negotiations break down irretrievably, your road traffic accident claim is removed from the internet system to go to a court hearing. 

• First - it's very rare for road traffic accident claims to go before a judge. Even if your solicitor applies for a hearing, things are usually settled out-of-court.
• Your solicitor then begins proceedings against the other side. 
• It's a fixed process with all key dates set by the court. 
• Negotiations will continue while this is happening to try and agree things needing a hearing.
• If a court hearing is needed, it usually lasts one day and a judge decides the outcome of the claim.
• You might need to attend the hearing, but your solicitor will let you know well in advance and will take care of things on the day.
• If your claim succeeds at court, you'll be awarded compensation from which your solicitor is paid.
• If your claim fails, that's it and you pay nothing. 
• There is a system of appeal for road traffic accident claims but only for those involving uninsured and untraceable drivers or hit and run injury. This is run by the Motor Insurers Bureau. 

Road traffic accident claims of £25,000 or more

A road accident claim valued at more than £25,000 is called a ‘multi-track' claim.

• This is usually because it involves serious injuries that are life-changing or worse.
• The road traffic accident may also have involved complex circumstances that demand thorough investigation. For instance, accidents with multiple vehicles. 
• Multi-track claims are always handled outside of the government Claims Portal but still involve establishing liability and negotiating with the other side's insurance company.
• Bigger multi-track claims usually take longer to settle than fast track ones.
• Your solicitor will know early on in the process what type of road accident claim it is.

Will making a road accident claim mean a court appearance?

It's unlikely. Only about five per cent of the claims we process result in a court hearing in front of a judge. Even when solicitors start legal proceedings should the other side deny or dispute liability, negotiations often succeed before the court date actually arrives.

Who pays your road traffic accident compensation?

Traffic accidents caused by another motorist

If your accident was caused by another motorist driving any kind of vehicle on a public road, the compensation will be paid by their insurance company. This means the driver responsible for your road traffic accident won't be left with a bill they can't afford.

Traffic accidents involving uninsured drivers

If your road accident injury was caused by an uninsured driver, you may still be able to make a compensation claim. Successful injury claims made against an uninsured driver will be paid by the Motor Insurer's Bureau (MIB).

The MIB estimates that more than 26,000 people are injured and around 130 people are killed in traffic accidents with uninsured drivers each year. That's around 16% of all annual road casualties in the UK.

The MIB was set up to compensate drivers involved in a range of problematic road accident types. All UK-based motor insurance companies are legally required to pay into the MIB each year. This means that people who are injured by an uninsured or untraceable driver are able to claim the compensation they deserve.

Hit and run traffic accidents

It's frustrating and upsetting when someone refuses to face the consequences of a road accident they caused. Even more so if you or a passenger has been injured as a result.

The other vehicle may have driven off without stopping and you didn't have a chance to get their registration number. The driver might be unlicenced or the vehicle may even have been stolen when it hit you. In a successful claim, the MIB will pay your compensation in these circumstances.

Accidents caused by poor road conditions

Poor or damaged road and pavement surfaces are a hazard. Potholes, cracks and broken or loose surfaces can easily cause a traffic accident.

Someone is responsible for every stretch of public road or pavement in the country. All have a duty to keep them safe to use. If your road accident was caused by a badly-maintained surface, then Highways England or the local council responsible will pay your compensation in a successful claim. 

Road traffic collisions with pets or livestock

Accidentally colliding with any animal can be a deeply distressing experience. To have grounds for a personal injury claim if you were hurt in the incident, the law is clear:

• The animal must have been a domestic pet or farmer's livestock.
• You must be able to show that the owner was at fault for your accident and the injuries you suffered.

There are specific animals that if hit, the law says you must report the incident to the police. It's a criminal offence not to do so. Those animals are:

• Cows or cattle
• Dogs
• Donkeys or mules
• Goats
• Horses
• Pigs
• Sheep

If the animal survives the impact, always do your best to contact a vet for assistance if you are able.

Road traffic collisions with wild animals

This happens more than you might think. The UK is home to around 1.5 million wild deer. According to Scottish Natural Heritage, there are around 9,000 collisions with deer on roads north of the border every year. Deer are heavy and can do serious damage if struck. On average, around 65 of these road traffic incidents will result in injury to drivers or passengers.

Such accidents are not just limited to the countryside. The growth of green spaces in our cities are attracting wild animals into our urban areas.

• As no-one is responsible for wild animals, there's no potentially negligent owner.
• That means there are no grounds for a claim.

What are the commonest types of road traffic accident?

The Department for Transport  records road traffic accident figures annually and below you'll see the Top 10 causes published for 2018. As you'll see, driver error is the biggest group of causes with 108,479 reported crashes.

• Failed to look properly: 42,189
• Incorrectly judged another road user's speed or direction: 21,211
• Careless, reckless or hurrying: 17,845
• Poor manoeuvering: 15,560
• Loss of control: 12,151
• Pedestrian failed to look properly: 8,687
• Slippery road surface: 7,327
• Travelling too fast for the conditions: 6,468
• Following too close to the vehicle in front: 6,040
• Breaking the speed limit: 5,102.

What are the main types of road traffic offences?

Driving offences are covered under the Road Traffic Act 1988: they relate to documentation breaches, withholding information and various types of dangerous driving that can result in road traffic accidents of varying degrees.

For more details, the Crown Prosecution Service explains the offences in depth.

Document offences

• Driving without a licence or the incorrect licence for the type of vehicle being driven. 
• For example, driving a manual with an automatic-only licence or driving an HGV on a car licence.
• Driving without insurance or without a valid MOT.
• Failing to produce a driving licence, insurance documentation or valid MOT certificate when requested.

Withholding information or co-operation

• The registered keeper of the vehicle commits an offence if they fail to provide information about the driver's identity at the time of the alleged offence.
• Any other person commits an offence if they fail to provide information about the identity of the driver at the time of the offence when it was in their power to do so.
• Failing to provide a specimen in a roadside breath test or at a police station if suspected of being under the influence of alcohol or drugs.

Dangerous driving

Offences include:

• Racing, going too fast, driving or overtaking aggressively.
• Ignoring traffic lights, road signs or passenger warnings.
• Driving under the influence of illegal or prescription drugs or alcohol.
• Knowing the vehicle is dangerously overloaded or has a major fault.
• Using a hand-held digital device at the wheel.
• Driving when demonstrably unfit to do so.
• Causing injury or death through reckless driving.

Careless or inconsiderate driving

Offences include:

• Overtaking on the inside or tailgating.
• Staying in an overtaking lane unnecessarily.
• Driving through a red light by mistake.
• Unnecessarily slow driving or braking.
• Dazzling other drivers with high beams on.
• Turning into the path of another vehicle.

Speeding

This is an offence under the Road Traffic Regulation Act 1984 if you exceed the speed limit posted for a given stretch of road. It's also an offence to exceed the limit for a vehicle of the class being driven. 

I've heard of a website called Crashmap - what is it?

Crashmap was set up by two road safety experts in 2011 to log road traffic accidents in the UK that involved injury and were reported to the police. It only uses official Department for Transport statistics and is free. Anyone can use it to search the location and type of incidents involved.