How To Make A Road Traffic Accident Claim

Are you interested in starting a road traffic accident claim for an accident that another road user caused? We can help. In this guide, we’ll explain how you could receive compensation for injuries caused by the negligence of another road user. 

Road traffic accident claim guide

Road traffic accident claim guide

In this guide, we’ll explain how road traffic accidents can occur and the kinds of injuries they can cause. If you would like more information on road traffic claims, you can also get in touch by:

  • Calling us on the number above
  • Using the live chat box currently on screen
  • Contacting us through the website

Select a Section

  1. What Is An Accident On The Road And How Are They Caused?
  2. What To Do If Injured In A Road Collision
  3. How Much Compensation Could I Get For A Road Traffic Accident Claim?
  4. Pursuing A No Win No Fee Road Traffic Accident Claim

What Is An Accident On The Road And How Are They Caused?

A road traffic accident occurs when a vehicle collides with another vehicle, person, animal, or object. Accidents of this nature can cause injuries that can range in severity. 

All road users have a duty of care to obey the Road Traffic Act 1988 and follow the guidance set out in the Highway Code. This includes obeying the speed limit, observing road markings and keeping your full attention on the road. 

Failure to fulfil your duty of care is considered a breach. If someone else breached their duty of care to you and you’re injured as a result, you may be able to start a road traffic accident claim.

A note of advice is that claims for injuries caused by road traffic accidents are usually made to the at-fault insurance company. However, if the road user who is being claimed against is uninsured, you may still be able to claim compensation through the Motor Insurers’ Bureau

How Common Are Road Traffic Accidents?

The Department of Transport has released statistics relating to reported road casualties in Great Britain in 2020. According to these statistics, there were 115,584 casualties in total with an estimated 23,529 killed or seriously injured (KSI) casualties. 

The number of total casualties was down 25%. However, this could be attributed to the COVID-19 pandemic and associated lockdowns that happened in 2020.

If you were injured in a road accident that someone else’s negligence caused, you may be able to start a claim for a road traffic accident. Get in touch with our advisors to see if you can start a road traffic accident claim and how much you could be eligible for. 

What To Do If Injured In A Road Collision

If you are injured in a road traffic accident, there are a few steps you can take. The first step you should take should always be to seek medical attention. Not only can medical notes help as a possible source of evidence, but it is also the best thing to do to ensure you get the treatment you need.

It could also strengthen your claim if you gather evidence. Such evidence can include:

  • Footage from CCTV cameras or dashcams 
  • Photographs showing how the accident happened
  • Contact details from eyewitnesses at the scene of the accident who can then provide a statement at a later date.

You might also consider speaking to a personal injury solicitor. Please note that to start a claim, you do not need a solicitor — you can pursue a road traffic accident claim entirely on your own. However, using the services of a solicitor may make the claims process easier. It could also enable you to get the maximum compensation you’re entitled to. 

To find out how much you could be owed if you start a claim, get in touch with one of our advisors. You could be connected with a No Win No Fee solicitor from our panel. 

How Much Compensation Could I Get For A Road Traffic Accident Claim?

Below, we’ve included a list of example compensation payouts you could get for injuries associated with road traffic accidents. This list has been based on the Judicial College Guidelines.

While this list can be a good start for those interested in a road traffic accident claim, you will get a more accurate figure by speaking to an advisor, as they can connect you to a personal injury solicitor. 

InjurySeverityNature of incidentPossible compensation
Brain damage (a) Very SevereBrain damage causing double incontinence, little or no language function and a need for full-time care. £264,650 - £379,100
Psychiatric damage (a) SevereWhere the injured person has suffered marked problems relating to life, education, work and relationships. £51,460 - £108,620
Eye(d) Total Loss of One EyeHigher compensation towards the top of the bracket is achievable if considerable cosmetic damage has been sustained.£51,460 - £61,690
Ear(c) Total Loss of Hearing in One EarHigher bracket compensation can factor in ailments such as tinnitus.£29,380 - £42,730
Chest(d)Can involve injury to the soft tissue, such as a single wound. There won't be any significant damage to lung function.£11,820 - £16,860
Neck(b) (i) ModerateInjuries within this bracket might leave the injured person with impaired function or an increased vulnerability to further trauma. £23,460 - £36,120
Back(a) (i) SevereCan involve lasting damage to the nerve roots as well as the spinal cord, resulting in severe pain and impact on bodily functions£85,470 - £151,070
Shoulder(c) ModerateIn this bracket, you may experience limitation in movement. However, this will not last for more than two years. £7,410 - £11,980
Pelvis(b) (i) ModerateWould involve significant injury to the pelvis but any permanent disability will not be great £24,950 - £36,770
Leg(iv) ModerateCan involve a series of fractures as well as crushing injuries regarded as severe. The payout is determined by future risk as well as any long-term effects or vulnerability to future harm. £26,050 - £36,790

Please be advised that a claim involving whiplash will now be different in nature. In 2021, the UK Government published the Whiplash Reform Programme. This states that claims made by drivers and passengers over the age of 18 that are worth less than £5,000 must be made through an online claims portal. 

However, even if you think your claim is worth less than £5,000, you can still have a solicitor work on your behalf. Get in touch with one of our advisors today to see if you could be connected with a solicitor from our panel. 

Pursuing A No Win No Fee Road Traffic Accident Claim

According to the Limitation Act 1980, you will have a time limit of three years from the date of your injury in which to start your claim. If you were under 18 at the time, the time limit starts on your 18th birthday. A litigation friend can claim for you at any point before this. 

A litigation friend can also be appointed to help you with your claim if you lack the capacity to claim yourself. While you lack the capacity, the time limit is suspended; it begins again in the event that you recover. 

If you choose to be represented by a solicitor, you may be able to claim on a No Win No Fee basis. If you lose, you do not pay your solicitor’s fees. You also won’t be asked to pay anything upfront. 

However, if you win, a small percentage success fee is taken from your payout. This is capped by law so that you will be ensured the majority of any settlement you’re awarded.

To find out more about how our advisors can help you, get in touch today. They are available 24/7 to offer you free legal advice with absolutely no obligation to continue a claim. They can also connect you with a solicitor from our panel to help you get the outcome you deserve. To find out more: 

  • Calling us on the number at the top of the page
  • Using the live chat box currently on screen
  • Contacting us directly through the website

More Resources On Making A Road Traffic Accident Claim

Request CCTV footage of yourself – UK Government

Statutory Sick Pay (SSP) – UK Government

Think! Road Safety Campaigns– UK Government

We also have some other guides on our site that you may find useful:

Thank you for reading this road traffic accident claim guide.