By Stephen Hudson. Last Updated 14th August 2024. In this guide, we’ll explain everything you need to know about road traffic accident claims—what criteria you need to meet, what evidence you may need, what the process involves, and how much compensation you could claim.
Road traffic accidents can cause a range of injuries, from minor sprains and strains to life-changing amputations. A claim could potentially be made by a road user if they are hurt in a road traffic accident caused by another party’s negligence.
To learn more about how to make road traffic accident claims, please browse the sections of our guide below:
Select A Section
- Compensation Awards In Road Traffic Accident Claims
- The Criteria For Making A Road Traffic Accident Claim
- What Evidence Will I Need For My Road Traffic Accident Claim?
- Road Traffic Accident Claims Involving Uninsured Or Untraceable Drivers
- How Legal Expert Can Help You With A With No Win No Fee Road Traffic Accident Claim
- Learn More About Road Traffic Accident Claims
Compensation Awards In Road Traffic Accident Claims
There are many reasons why people may wish to make road traffic accident claims for compensation. One of these is the need for a payout in the wake of financial losses caused by their accident. There’s also the suffering and impact which injuries caused by a road traffic accident can cause. Any compensation awarded for injuries covers a category known as general damages.
The compensation that may be awarded will vary greatly depending on the type and severity of the injuries you’re claiming for. Road accident victims can claim compensation for minor and major injuries. This may include cuts and bruises from broken glass. Injuries to the wrists, ankles, shoulders or back may also be included. Whiplash injuries or injuries to the kidney, chest, eye, neck or liver could also be potentially covered.
Our table below examines how compensation could be awarded. The first row provides an example figure for claimants that have suffered multiple severe injuries and significant financial losses as a direct result of these injuries. In the following rows, we provide a few figures from the Judicial College Guidelines. These guidelines can be referred to when valuing pain and suffering in personal injury claims. We’ve also provided two examples of the tariff from the Whiplash Injury Regulations in the bottom two rows. This table is only included as a guide.
| Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Very Serious Injuries Plus Special Damages | Very Serious | Up to £1,000,000+ |
| Injuries Involving Brain Damage | Very Severe (a) | £344,150 to £493,000 |
| Back Injuries | Severe (a)(i) | £111,150 to £196,450 |
| Amputations | Below-knee Amputation of One Leg (a)(iv) | £119,570 to £162,290 |
| Other Arm Injuries | Severe (a) | £117,360 to £159,770 |
| Foot Injuries | Very Severe (c) | £51,220 to £85,460 |
| Knee Injuries | Severe (a)(i) | £85,100 to £117,410 |
| Neck Injuries | Severe (a)(iii) | £55,500 to £68,330 |
| Whiplash Injuries | 1+ whiplash injuries with 1= minor psychological injuries | £4,345 |
| 1+ whiplash injuries | £4,215 |
Can I Claim For Financial Losses Caused By A Road Traffic Accident?
Special damages may be awarded following a compensation claim to cover for financial losses inflicted by the accident. It is only a possibility to claim for special damages if you are eligible to claim for general damages. This head of your claim could cover lost earnings, prescriptions, and travel costs.
Will The Whiplash Reforms Affect My Claim?
Some road traffic accident claims in England and Wales might be impacted by the Whiplash Reform Programme. These reforms apply to those 18 or older, who suffered injuries valued at £5,000 or less as a driver or passenger in a vehicle.
If you suffered a whiplash injury, it will be valued in accordance with the tariff found in the Whiplash Injury Regulations 2021. These are fixed amounts. In our table above, we’ve listed a few of these tariffs. Additional injuries that are not covered by the tariff will be valued in the traditional manner.
Contact an advisor for a free personalised valuation of your road traffic accident compensation.
The Criteria For Making A Road Traffic Accident Claim
When using the roads all road users, including vehicle drivers, cyclists, motorbike riders and pedestrians owe a duty of care to each other. This means that they must navigate in a way that prevents injury and damage to themselves and others. To uphold this duty, road users need to comply with the Highway Code and the Road Traffic Act 1988.
However, you can only make a personal injury claim for road traffic accident compensation if you satisfy the eligibility criteria. This means that you must be able to prove that:
- Another driver owed you a duty of care.
- They breached this duty.
- You suffered injuries because of this breach.
Direct any questions about road traffic accident claims to one of our team members. One of our advisors can offer you further information about personal injury claims and help identify whether you have a valid case for compensation.
What Evidence Will I Need For My Road Traffic Accident Claim?
Evidence is crucial when making a road traffic accident claim. This is because evidence backs up your case and illustrates who is responsible, how the accident happened, and how it has affected you. Some examples of evidence that you could use to support your road traffic accident claim include:
- Video footage: CCTV and dashcam footage of the accident can help prove how it happened and who is at fault.
- Medical evidence: Taking pictures of your injuries and submitting your medical records can help illustrate the severity of your injuries and the level of treatment you received. These can work alongside the results of an independent medical assessment.
- Witness statements: Taking the contact details of potential witnesses means that their statements can be taken by a professional at a later date.
To learn more about the road traffic accident claims process, or to get more information on collecting evidence, contact our team of advisors today.
Road Traffic Accident Claims Involving Uninsured Or Untraceable Drivers
When claiming for a road traffic accident caused by a driver, the driver’s insurance company is usually responsible for covering any compensation owed. You may ask, however, what happens if the offending driver does not have any insurance? Another problem arises in hit-and-run cases. Who do you file a case against if you do not know who the offending driver is?
In both cases above, you could submit your claim with the Motor Insurers’ Bureau (the MIB). The MIB was specifically set up to ensure that all road accident victims of untraceable and uninsured can be fairly and promptly compensated.
How Legal Expert Can Help You With A With No Win No Fee Road Traffic Accident Claim
Our solicitors can support road traffic accident claims on a No Win No Fee basis. If you contact our advisors about your potential case and they determine it’s strong after reviewing it, then they could potentially connect you with one of our available solicitors.
When one of our solicitors agrees to support a claim seeking compensation for a road traffic accident, they’ll offer what’s called a Conditional Fee Agreement (CFA) for you to sign. A benefit of claiming under such an agreement is that you won’t be required to pay your solicitor for their work either before or during the claiming process. Also, you usually won’t need to pay for your solicitor’s services if the claim is unsuccessful.
Following a successful claim, your solicitor’s payment will be covered by what’s called a success fee, which is a small, legally capped percentage taken from the compensation. The legal cap ensures that you will get to keep most of the road traffic accident compensation.
To learn more about how road accident claims with a No Win No Fee solicitor work, contact our advisors for free today. You can reach our team by:
- Calling 0800 073 8804
- Using our 24/7 live chat service.
- Or by writing to us using our claim online form.
Learn More About Road Traffic Accident Claims
Below, you can find more information on road traffic accident claims that you may find usefu:
- Road accidents and safety statistics
- THINK! Road safety information
- The Highway Code
- Whiplash compensation calculator
- Cycle accident claims
Thanks for reading our road traffic accident claims guide.
