Road traffic accident claims

How much compensation could I receive?

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, and the ranges are set out in the latest edition of guidelines from the Judicial College, part of the Ministry of Justice:

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 legal team starts negotiating with the other side's insurers.

We have more than 31 years' experience, so why not try our road traffic accident 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. But it's also available for less serious accidents where there will be a delay in the ability to value the claim, for example because you need to wait for another medical examination. 

Early payments could cover the cost of housing your family somewhere near to 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. Or simply in recognition that as liability has been admitted and you have to wait for further medical evidence you have a right to an interim payment.

If you're unable to cover the financial aftermath of your injury, your legal team 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 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 lawyers.

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 contribute to your legal fees.

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

• A ‘success fee' which compensates the solicitors 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 premium for your no-upfront-cost insurance.

When you start your claim, your legal team will take out insurance protection on your behalf. If your claim is unsuccessful, then the other party's costs and your expenses such as medical report and court fees, will be paid out of this insurance. If you don't receive any compensation, then you won't have to pay for the insurance. If your claim is successful, then it'll be paid out of your compensation as part of the fees.

Your team 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.

How does the claims process work?

If you've been involved in a road traffic accident, the last thing you want is a drawn-out, complicated claims process. That's why we'll do everything we can to secure a settlement as quickly as possible, without adding to any concerns you might already be feeling. Here's how it works:

1. Contact us via our callback form, online claim tool or by calling . We'll listen to your story and let you know if you have grounds to make a claim.
2. There'll be no pressure on you to decide either way. If you choose to go ahead, we'll put you through to one of our expert panel of solicitors. They specialise in road traffic accident claims, so you'll be in safe hands.
3. Your legal team will listen to your story and ask you to provide any evidence that might help your claim. This could include photographs, dashcam footage or details of witnesses.
4. Once they've gathered everything they need, your team will let the other party know that you intend to make a road accident injury claim.
5. If the other side accepts they were at fault, your solicitors will start to negotiate your compensation amount. If they deny responsibility and an agreement cannot be reached, your claim will be decided in court. This only happens in a very small minority of cases.
6. If you win your road traffic accident claim, you'll be given your compensation, and your legal team will take a pre-agreed cut. If you lose your case, there'll be nothing for you to pay because we work on a no win no fee basis.

Find out more about the claims process

Why should I make a road accident claim?

The impacts of a road traffic accident can be serious and wide-reaching. Not only can it cause life-changing injuries, but if you have to take time off work it can affect your finances too. Things like treatment, travel to receive care and modifications to your home can all cost money, which is why it's important to seek compensation to help ease your burden.

And making a road accident injury claim could have a positive effect beyond your situation. It might be that your case highlights a dangerous stretch of road or raises awareness of mistakes that have been made and need addressing. By claiming, you could help to reduce the chances of someone else having to suffer the same ordeal.

Is it right to claim?

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 expert road traffic accident injury solicitors will take care of everything for you. Here we explain how these types of claims work.

Road traffic accident claims of up to £100,000

Claims with damages for pain and suffering under £5,000 are classified as a ‘small claim'. No win no fee terms will be available to fund such small claims, so you won't be left out-of-pocket if your claim doesn't succeed. It's possible to make these claims - for injuries like cuts, minor fractures and  

In general, personal injury claims valued from £5,000 to £35,000  are called fast-track or single-track claims, while those valued between £35,000 and £100,000 are classed as intermediate track. Solicitors 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.

Road traffic accident claims of £100,000 or more

A road accident injury claim valued at more than £100,000 is called a ‘multi-track' claim.

• This is usually because it involves serious injuries that are life-changing or worse.
• The road traffic accidentmay 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. They 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 solicitors will know early in the process what type of road accident claim it is.

When the other side accepts liability for a road traffic accident

• If the other side admits liability, the claim continues through the portal until it is successfully settled. 
• This is when your legal team negotiates with the other side until everyone can agree on an acceptable compensation figure.
• Your team will receive payment from the other side's insurance company around four weeks after the claim is settled. 
• Your solicitors deduct 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 irretrievably break down, your road traffic accident claim is removed from the internet system to go to a court hearing. 

• Firstly - it's very rare for road traffic accident claims to go before a judge. Even if your solicitors apply for a hearing, things are usually settled out of court.
• Your team then begins proceedings against the other side. 
• It is a fixed process with all key dates set by the court. 
• Negotiations will continue while this is happening to try and agree on things without 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 legal team will let you know well in advance and will take care of things on the day.
• If your claim succeeds in court, you'll be awarded compensation from which your team 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 it is very difficult to appeal against a judge's decision. 

Can I claim if the road accident was my fault?

If what happened was entirely your responsibility, you will not be able to make a road accident claim . But if you were only partly to blame, we may still be able to help you. However, it's important to note that in cases like these, any compensation you receive will  be reduced.

Can I make a road accident injury claim for someone else?

Yes, you can claim on behalf of someone else, if they've been injured in an accident that wasn't their fault. For example, you can do this:

• For someone under the age of 18. If no claim is made before they turn 18, it's up to them to start the process and they'll have to do this before their 21st birthday.
• For someone who lacks the mental capacity to bring a claim, either because of the injuries they sustained in the accident or for other reasons.
• In the event of a fatal road traffic accident.

Will making a road accident claim mean a court appearance?

It's unlikely. Only about 5% 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 arrives.

Can you help with my recovery and rehabilitation?

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 Insurers' Bureau (MIB) or the vehicle insurers if the driver is identified but was not insured to drive it.

The  MIB estimates that in the UK someone is hit by an uninsured or hit-and-run driver every 20 minutes. That works out at more than 26,000 people every year. The MIB was set up to compensate drivers involved in a range of problematic road accidents. All UK-based motor insurance companies are legally required to pay into the MIB each year. This means that people injured by an uninsured or untraceable driver can 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.

These claims are handled differently as the MIB investigates and instructs the medical expert. We will help put together proof of your out-of-pocket expenses, advise upon the value of your claim and handle any appeals process where we disagree with the MIB's decisions. 

Road traffic collisions with wild animals  

This happens more than you might think. According to estimates from the British Deer Society, there are more than 40,000 collisions with deer every year on UK roads, although the true figure may be nearly double that. Deer are heavy and can do serious damage if struck, including causing injury to drivers or passengers.

Such accidents are not just limited to the countryside. The growth of green spaces in our cities is 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 most common causes of road traffic accidents?

Accidents  on the road can happen at any time and for almost any reason. But here are some of the most common:

• Driver/rider/pedestrian failing to look properly
• Incorrectly judging another road user's speed or direction
• Carelessness, recklessness or hurrying
• Poor manoeuvring
• Loss of control
• Slippery road surface
• Travelling too fast for the conditions
• Following too close to the vehicle in front
• Breaking the speed limit

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 a HGV on a car licence.
• Driving without insurance or 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

It is an offence under the Road Traffic Regulation Act 1984 if you exceed the speed limit posted for a given stretch of road. And it is 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.