In this guide, we will look at the process of making a road traffic accident claim. If you’ve been injured on the road because of the negligence of another road user, then you might be entitled to receive compensation.

road traffic accident claims
Road traffic accident claims guide

When you’re on the road, you’re owed a duty of care. Similarly, you owe a duty of care to everyone else on the road. If this is breached, you could be involved in an accident that causes you to be injured, and you may be able to claim as a result. Our team of advisors are available to offer you free legal advice about the claims process. Furthermore, if you have a valid claim, they could connect you with a No Win No Fee solicitor from our panel.

You can contact us by:

  • Calling the telephone the number at the top of the screen
  • Filling out our form to claim online
  • Using the Live Chat feature

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What Is A Road Traffic Accident Claim?

Making a road traffic accident claim means pursuing compensation for injuries that you sustained in a road traffic caused by negligence. Negligence means that someone else breached the duty of care that they owed you, resulting in an accident that harmed you. All road users have a duty of care to one another. The Highway Code is a set of rules and guidelines that outlines the ways road users are expected to act to ensure the safety of themselves and others.

The Highway Code also establishes a hierarchy of road users. This means that the road users with the greatest potential to cause harm have the greatest responsibility toward more vulnerable road users.

In the year ending June 2021, provisional estimates from the Department of Transport suggest there were 1,390 deaths on the roads of Great Britain and 119,850 casualties of all severity. This was a decrease of 9% compared to the same time in 2020 with a decrease in fatal incidents of 11%.

Compensation For A Road Accident

When you make a compensation claim following a road traffic accident, there are a number of different factors that could affect how much you’re entitled to claim. 

General damages is the part of your compensation that covers the pain, suffering and loss of amenities the injury has caused you. In order to value this head of your claim, you might be asked to attend an independent medical assessment. If you work with a solicitor from our panel, they may be able to arrange this in your local area. 

Special damages can compensate you for any financial losses caused by your injury. For example:

  • Medical expenses. You can claim the cost of any medical care that you can’t get on the NHS. 
  • Travel expenses. You could claim back the cost of travel to and from medical appointments. This includes the cost of fuel and public transport costs.
  • Loss of income. If you’ve had to take time off work to recover from your injuries, you could claim back the loss of earnings that this results in. 

The Judicial College provides a set of guideline compensation brackets for a range of injuries that could be sustained in a road traffic accident. We’ve included some examples from these guidelines in the table below:

InjurySeverityCompensation BracketFurther Notes
Brain Damage(a) Very Severe£264, 650 to £379,100There may be some ability to follow basic commands and basic sleep-wake patterns but no meaningful response to environment.
Psychiatric Damage Generally(a) Severe£51,460 to £108,620All aspects of life affected with a poor prognosis.
Chest Injury(c) Less Severe£29,380 to £51,460Damage to chest and lungs, some continuing disability.
Digestive System Injury(a)(iii)£6,190 to £11,820Serious seatbelt pressure cases
Neck Injury (a)(ii) Serious £61,710 to £122,860Serious fractures or damage to cervical spine disks.
Neck Injury(b)(i) Moderate£23,460 to £36,120Fractures or dislocations which may cause serious immediate symptoms. May necessitate a spinal fusion.
Shoulder Injury(c) Moderate£7,410 to £11,980Soft tissue injuries where symptoms are more than minimal and persist after two years but are not permanent.
Pelvis And Hip Injury(a)(i) Severe£73,580 to £122,860Extensive fractures of the pelvis, lower back dislocation and ruptured bladder.
Arm Injury(b) Permanent and Substantial Disablement £36,770 to £56,180Serious fractures to both forearms. Significant functional or cosmetic disability.
Elbow(b) Less Severe£14,690 to £30,050Injuries impairing function but not requiring major surgery or significant debilitation.

It should be noted that these figures are based on past court settlements. Because of this, the amount you receive might vary. 

Furthermore, if you’re an adult driver or a passenger and you’ve sustained injuries that are worth £5,000 or less, your claim will need to be made through an online portal according to the Whiplash Reform Programme. Get in touch with our team to find out more about making a road traffic accident claim. 

What Are Examples Of Accidents On The Road?

Below, we’ve included some examples of accidents that could occur on the road. 

  • Rear-end collisions. This is where one vehicle collides with the back of another vehicle. Usually, the following car will be at fault because they failed to maintain a safe stopping distance from the car in front. 
  • Pedestrian accidents. If you’re a pedestrian, you could be hit by a car that is travelling through a red light because they are not paying attention to the road. 
  • Collision with a cyclist. Cyclists are considered vulnerable road users. If you overtake a cyclist too closely, you could clip them and cause them to fall from their bike. 
  • Head-on collision. This could occur as a result of one driver travelling down the wrong side of the road. Alternatively, it could happen if they overtake a cyclist too close to a bend in the road. 
  • Collision while merging. When you’re changing lanes, it’s important that you carry out all the necessary checks to confirm it’s safe to do so. Failure to do this could mean that you hit the side of a vehicle travelling in the lane you’re looking to enter. 
  • Accident at a junction. It’s important that all drivers check it’s safe before pulling out of a junction. If you fail to check and move out when it isn’t safe to do so, you could collide with a vehicle that is travelling correctly down the road. 

This is not an exhaustive list of the accident types you could be involved in. If you’ve been injured because another road user breached their duty of care towards you, you may be able to make a road traffic accident claim even if we have not mentioned your accident type above. 

Evidence For Road Traffic Accident Claims

Following your accident, you will need to gather evidence for your road traffic accident claim in order to prove the liability of the person who was at fault. Some examples of evidence include:

  • CCTV. If the event was caught on camera, you can request footage of it. You could also use dashcam footage if you have one in your car. 
  • Witnesses. After the incident, collect the contact details of any witnesses. They can be called upon to give an eyewitness account.
  • Photos. Take pictures of the scene of the accident and the damage to your vehicle, as well as any injuries you sustain. 

If you work with a solicitor when making a claim, they can help you collect the evidence you need to strengthen your case. 

For more information on whether you could make a road traffic accident claim, speak with an advisor today. They could connect you with a No Win No Fee solicitor from our panel. 

Can A No Win No Fee Solicitor Handle Car Accident Claims?

Our panel of solicitors can offer you representation on a No Win No Fee basis. A No Win No Fee agreement is also called a Conditional Fee Agreement (CFA). It means you will only pay your lawyer’s fees if they meet certain conditions. With this kind of agreement in place, if your claim proves unsuccessful, you will not be charged for the solicitor’s work.

If your claim is successful, you will pay a success fee. This is agreed upon prior to making your claim and will constitute a percentage of your compensation. Success fee amounts are capped to ensure you still keep the majority of what you are awarded.

If you have questions about making a road traffic accident claim, contact our team of advisors for a free consultation. They can offer free legal advice and may be able to pass your claim on to an expert solicitor from our panel.

You can contact us by:

  • Calling the telephone the number at the top of the screen
  • Filling out our form to claim online
  • Using the Live Chat feature

Learn More About Road Traffic Accident Claims

If you have any more questions about making a road traffic accident claim, speak with our team today.  You can also read some of our other guides below:

Written by Ryan Whitehead 

Published by Fern Sykes