Road Traffic Accident Claims – A Guide To Claiming Compensation How Much Can I Claim?

By Stephen Burke. Last Updated 4th August 2022. In this road traffic accident claims guide, we’ll explain the different requirements and steps involved when seeking compensation for road accidents. We’ll also look closely at specific scenarios relating to road traffic accident compensation claims and explain when you could be eligible.

Road Traffic Accident Compensation Claims – The People Behind The Figures

It’s important to remember that behind the facts and figures relating to road traffic accidents are people. In this guide, we’ll explain how our personal injury solicitors can provide you with free legal advice and support if you’ve been injured in a road traffic accident.

road traffic accident claims motorcycle personal accident cover motorcyclist flips onto car road traffic accident compensation claims HGV accident

road traffic accident claims

This guide takes an in-depth look at what you can do if you are involved in a road traffic accident that was not your fault. If you have been involved in a road traffic collision on a UK road as a driver, passenger, pedestrian, cyclist, horse rider or in any other way, this guide from Accident Claims is for you.

And like we said, if you’re looking for free legal advice on road traffic accident claims, our personal injury advisers are on hand to provide it. You can speak with them day or night in any of the following ways:

Select a Section

Claiming Personal Injury Compensation After a No-Fault Road Traffic Accident

A road traffic accident, regardless of how it happened, is a stressful, traumatic and inconvenient incident to experience.

It could mean minor damage to your car or it may mean it is written off. It could mean your bicycle is damaged beyond repair or a broken headlight fixed on your motorbike. And it could mean you’re injured. From a whiplash injury to a broken leg, to experiencing Post-Traumatic Stress Disorder (PTSD) and anxiety, the fallout could be significant.

Things can be repaired, cars and bikes replaced. But what you? What about the damage – the injury or injuries – to you?

Road Traffic Accident Compensation Claims – Looking After The Victims

When accidents happen, it may feel like no one is to blame and it is just one of those things. But if you have to bear the consequences, physically and/or emotionally, as a result of a catastrophe that was not of your doing, it doesn’t seem fair.

Claiming personal injury compensation has been enshrined in UK law for some time. In recent years, with the help of no win no fee road traffic accident claims specialists such as Accident Claims, more people are claiming the compensation they are entitled to.

If you have been hurt in a road traffic accident that was not your fault, whether as a motorcyclist that flips onto a car or a motorist in an HGV accident, this guide is for you. It talks through the process of how to make a claim, what you need to know about the process and how a reputable company such as Accident Claims are the right people to turn to.

Remember, if you have any questions or would like to proceed with your case, our personal injury claims team is on hand to help you. Call them any time, day or night, to get the free legal advice you need.

Road Traffic Accident Claims – What Do I Need?

If you’ve been injured in a road traffic accident, you may wish to make a personal injury compensation claim. To do so, you’ll need to gather evidence, like the responsible driver’s name and insurer, and the date and details of the accident. Then get in touch with a solicitor about road traffic accident compensation.

How Long Does A Road Traffic Accident Claim Take?

The table below shows the average length of time it can take to settle a road traffic accident claim:

Type of road traffic accident claimAverage claim duration
Defendant has admitted liability4 to 9 months
Defendant has admitted liability but injuries are still healingWill depend on the recovery period as advised by medical professionals.
Defendant has disputed liability12 to 24 months+
Defendant has denied liability12 to 36 months

Please note, the times given above are estimates only. How long a road traffic accident claim takes to settle will depend upon the complexity of the case, the availability of evidence and the severity of injuries. It will also depend on whether the claim is processed through the Ministry of Justice Claims Portal.

For more free legal advice on the length of time road traffic accident claims can take to settle, please get in touch with our personal injury advisers.

What is a Claim for Compensation After an Accident That Was Not Your Fault?

At Accident Claims, we help people to make compensation after they have been injured in an accident that was not their fault. In this guide, we will look in detail at victims hurt in road traffic collisions.

Road traffic collisions are not unheard of on UK roads. With increased safety specifications, many of the road traffic collisions involving vehicles thankfully result in non-fatal injuries. Also, many of these injuries are minimal too, meaning the biggest category of injuries as a result of collisions on our roads are minor. This doesn’t diminish the physical or emotional trauma of being hurt in a car accident, which can be significant even when injuries are defined as ‘minor’.

Safety on our roads is affected by several factors;

  • Increases in the distances we travel – for example, when the economy is in recession, people may have to travel further to find work and the statisticians have found that this can increase the number of accidents on our roads.
  • A mix of travel modes – we don’t just travel by car. For example, the cost of insurance, fuel and tax on cars has meant more people looking to mopeds or motorbikes as a means of transport. The fatalities and serious injuries for motorcyclists and cyclists are the only groups to have shown a small increase in injuries, possibly because there are more of us choosing to use this mode of transport.
  • Behaviour – busy roads, congestion, stop/start traffic affects out patience and with lack of empathy from drivers to cyclists and vice versa, there is some suggestion that diver behaviour of all vehicles can also contribute to accidents.
  • A mix of drivers – from learner drivers to older drivers, the mix of drivers on the road in terms of age, experience and so on is more diverse than in previous years.
  • External effects – from testing new road materials to the weather, there are many external factors that can affect how our vehicles cope on the road and can be an underlying cause of many accidents.

Road Traffic Accident Claims Statistics

Let’s take a look at some detailed statistics on road traffic accidents, recently published by the Department for Transport.

  • In the year ending June 2021 there was a total of 119,850 casualties of all severities resulting from road traffic accidents according to provisional figures. Although this is a little lower than 2020, the figure is still staggeringly high.
  • Of the above figure, 23,140 people were seriously injured, and tragically, 1,390 people died on the road.
  • 95,320 people suffered slight injuries, which could include the likes of whiplash, cuts and bruises.

Below, we’ve put together a number of useful tables and graphs which illustrate the number of injuries sustained according to different types of severity of injury.

 motorcycle personal accident cover motorcyclist flips onto car road traffic accident compensation claims hgv accident

Collecting Evidence In A Road Traffic Accident Claim

The police don’t attend every road traffic accident, especially those that are considered minor prangs, but they do report the accidents they attend. The information reported is limited and so it is hard to pinpoint with any accuracy one specific reason why accidents happen.

This is why each one is judged on individual circumstances – what happened? Who did what? Why they did that? – and the police create their report from this. And this could shape the road traffic accident compensation that you may claim for.

Of course, if you have been hurt in a road traffic collision, you will have a firm idea of what happened and who was at fault. It may be that the police are prosecuting other parties for their part in the accident thus, fault – also known as a liability – has been apportioned.

Or, you may have been involved in an accident in which liability is contested – in other words, the other driver is denying responsibility. In either circumstance, our team may be able to help and support you in claiming the compensation you deserve.

To learn more about road traffic accident claims and collecting evidence, please speak to our personal injury advisers today.

What Should You Do If You Are Involved in a Road Traffic Accident?

The police collect information they need to report someone for prosecution and so you may need to collect additional information and evidence from the scene of the accident if you are able to do so.

  • Write down what happened

You may give a statement to the police and it is also important to write down the key facts of what happened for use as part of your personal injury compensation claim. Make notes on the weather conditions, where you were when the accident happened, what happened before and after the crash, who came to help and so on.

It can help to draw a map or diagram of the accident too. Do this as soon as you can after the accident so that you record as much information as possible.

  • Collect witness details

If you can, collect the names and contact details of any witnesses. Their statements of what happened will be invaluable in your claim for personal injury compensation.

  • Take photographs

Few of us are without a mobile phone with a camera and so, make it work for you by taking photographs of the scene and the surrounding area. Some people also take photographs of their injuries too, so that the physical effects of them can be seen.

Pass on all this evidence and information to your team here at Accident Claims too, including the police report number, a key piece of information in tracing the case in the legal system.

To find out more about what you can do to help support road traffic accident claims, just get in touch for free legal advice.

What Makes Up a Road Traffic Accident Compensation Claim?

At Accident Claims, we are proud of the client-centred service that we offer. We start each case in the same way with a free consultation appointment. We carry this out over the phone and is a fact-finding exercise. This is why it is important to gather as much information together as you can before you talk to us. With this information to hand, we are able to assess your claim, giving you options as to the next steps open to you.

How Are Road Traffic Accident Compensation Claims Calculated?

If you have a claim for personal injury compensation after a road traffic accident that was not your fault, you will be interested to know how compensation settlements are arrived at.

Before we discuss potential payout amounts when making a claim for a road accident, we’ll break down different types of damages and expenses which could potentially be covered when making a personal injury compensation claim. Road traffic accident claims may provide compensation for:

  1. General damages – this part of the settlement covers injury, pain, mental anguish and other ‘general’ damages.
  2. Special damages – This could include the following:
  3. Care costs – you may have been badly hurt which necessitated a family member taking time off work to look after you or you may have needed professional care at home. These costs are reimbursed too.
  4. Medical expenses – there are some treatments and therapies you may have had to pay for. In England, this could be the cost of prescriptions too.
  5. Travel expenses – any appointments you had to pay to get to which are related to your accident and injuries can also be reimbursed. Keep receipts of everything that you think you may be able to claim.
  6. Loss of earnings – if you can’t work after your accident in the short or long term, you can claim this too.
  7. Future loss of earnings – it may be that as a result of your injuries, you return to work part-time or not at all. If this presents a serious hardship for you, you can claim future loss of earnings too.

It may only be possible to claim for special damages through a personal injury claim if you’re eligible to claim for general damages and you have the appropriate evidence to show your losses relate to your injury.

As part of our initial fact-finding session with you, we ensure that we get all the information needed to cover these six categories of your personal injury compensation claim. To discover what else you can include within road traffic accident claims, get in touch.

Road Traffic Accident Compensation Payouts For 2022

The value of road accident claims can depend on a few different factors. For instance, it can be affected by the nature of the injury itself. Additionally, how severe the injury is may also affect the value. These would both be considered when calculating general damages, for your pain and suffering.

Due to the number of factors that can impact how much compensation for road traffic accident claims you could receive, legal professionals make use of a few different resources to assist them in their calculations. When your general damages are being calculated, professionals in the legal field make use of the Judicial College Guidelines (JCG) as part of this process. This publication was last updated in 2022. We’ve included some examples taken from the JCG in the table below. This should give you a rough idea of the value of the general damages portion of road traffic accident claims.

InjuryCompensation Award
Back Injuries (Severe) £38,780 to £160,980
Back Injuries (Moderate)£12,510 to £38,780
Back Injuries (Minor)Up to £12,510
Shoulder Injuries (Severe) £19,200 to £48,030
Shoulder Injuries (Moderate)£7,890 to £12,770
Shoulder Injuries (Minor)Up to £7,890
Arm Injuries (Severe) £96,160 to £130,930
Arm Injuries (Less Severe) £19,200 to £39,170

You may also be able to claim special damages. These are amounts that can reimburse you for certain costs and expenses associated with your injuries such as a loss of earnings or medical expenses.

Alternatively, head to our online compensation calculator for an estimate of your claim. Better yet, speak to us directly. Get in touch at any time for an eligibility check and personalised evaluation.

Choose a No Win No Fee Solicitor with Accident Claims

Suing for personal injury compensation is to mount a legal case against the person or person considered liable for the accident, and therefore, your injuries.

It is not a decision to be taken lightly which is why you need up-to-date l advice and support from a team expert in road traffic accident claims after an accident that was not your fault.

We want to ensure you get the best service which is why we not only offer a free consultation appointment but will pass your case to a panel of expert solicitors who operate with a genuine no win, no fee service to clients. And we offer the same.

No win, no fee should mean exactly that – if a legal team is unsuccessful on behalf of their client, they don’t charge for their time. But, this is not always the case, so you must check the contract in detail before you sign it.

With Accident Claims, however, you can trust us to have your interests at the heart of everything we do which is why when we say no win, no fee, we mean it.

The benefit of the no win, no fee agreement for road traffic accident claims – sometimes referred to as a Conditional Fee Agreement – is that you don’t take a financial gamble at a time when the last thing you want to risk is money.

When you come to us, we make sure that you can have your case looked at in detail without being landed with a legal bill of thousands. And we take your case forward if it is clear that the chances of success are in your favour.

Why Choose Accident Claims for Your Compensation Claim After an Accident That Was Not Your Fault?

At Accident Claims, we know we offer one of the best services available today to victims of accidents, hurt through no fault of our own. We have helped thousands of people to claim the road traffic accident compensation they are entitled to and believe the foundations of our success are:

  • Experience – we have decades of experience in the field of compensation claims for personal injury. Cases can be complex and so, you need to be confident you have the right team working on your case to provide a successful outcome for you.
  • Trust – this experience, along with exceptional customer service, means that overall, we are one of the most trusted companies for managing personal injury compensation cases and supporting people to make a claim too. If you have been hurt in an accident, you will understand how vulnerable and emotional you can feel after being hurt; knowing you have people to take forward your case in a professional way is important for your peace of mind.
  • Exceptional customer service – at the centre of every case is you and your story. Behind the statistics, the facts and figures are real people, but this can be forgotten at times. We don’t forget because the compensation road traffic accident claims process is not about people lining their own pockets but claiming the compensation they need after their quality of life was disrupted, even if this was ‘only’ short term. You are the most important part of your case.
  • Communication – RTA claims take time to resolve, some longer than others. They can be complex, or they can be straightforward. They can lead to contested cases, with argument and counter-argument, or they can be settled fairly by those liable for the accident. Throughout the whole process, from the moment you call us for a free consultation to the moment you receive your compensation settlement, we make sure that you are continually updated on the progress of your case. We find that this is a great leveller at a time when people are anxious and rehabilitating after being hurt.
  • Expertise – road traffic accidents are not like other legal cases. And within the compensation process, there are specialist centres too, such as claims for people hurt as a result of a road traffic collision that was not their fault. We have the expertise, the skills and the knowledge to work with anyone hurt in a road traffic accident, from cyclists to taxi passengers, bus passengers, car drivers, lorry drivers, pedestrians and motorcyclists.

Want More Information On Motorcycle Personal Accident Cover Claims? Or Want to Start Your Road Traffic Accident Claim?

Compensation is not a magic wand that stops the pain or dissolves the nightmares, but it can go some way in helping you access the help and treatment that you need. It can pay for expenses that you wouldn’t normally have had, it can make up the shortfall in income that you suffered as a result of not being able to work.

When you call Accident Claims, you are under no obligation to continue with your claim, so there is nothing stopping you from calling us on 0800 073 8801. Our helpline is open 24 hours a day, every day of the week. Or why not chat with us via the online chat facility? A great way to get more information regarding road traffic accident claims, especially if you are not ready to talk about your accident and injuries just yet.

You have nothing to lose, but possibly a lot to gain. Don’t hesitate – get in touch now!

Helpful Links Relating To Car Accidents And Motorcycle Personal Accident Cover

Thank you for reading our guide to road traffic accident claims and motorcycle personal accident cover. We hope you’ve found it useful.

In this final section, we’ve included links to some other guides you may find useful, as well as answers to some commonly asked questions.

Whiplash

A guide to soft tissue injury known as whiplash, a common injury after an impact or collision.

Road safety statistics

Compiled annually by the UK Government.

Transport safety

Compiled by the Department of Transport, it compiles data of accidents across the UK transport network included accidents involving buses and trains.

Cycle Accidents

What to do in the event of a cycling accident

Bus Accidents

Our complete guide to bus accidents.

Whiplash Compensation Calculator

Head here for our complete guide to whiplash injury claims.

Road Traffic Accident Claims And Motorcycle Personal Accident Cover FAQ

What does road traffic accident mean?

A road traffic accident is when a road user is involved in an accident. There are multiple road users that could be involved in an accident, such as car occupants, motorcyclists, pedestrians, and cyclists. If you were at fault for such an accident, you would not normally be able to claim compensation. However, if you have taken out motorcycle personal accident cover for example, you may be able to claim.

What to do if you are involved in a road traffic accident?

One of the most important things you can do if you are involved in a road traffic accident that isn’t your fault is to collect evidence. Thankfully, there are various forms of evidence you can supply to support a case, such as:

  • Take photos.
  • Collect witness statements.
  • Report the incident to the police.
  • Seek medical attention.

Can you claim for anxiety after a car accident?

In short, the answer is yes, you could have grounds to claim for anxiety after a car accident. If you suffer from anxiety after a car accident that wasn’t your fault, you may need therapy. If that is the case, then the cost of therapy could be factored into your claim.

How long could a road traffic accident claim take?

In some cases, the claims process could take up to three years to reach a resolution and even six years in difficult cases. If you are making a motorcycle personal accident cover claim, the time it takes could differ.

Could I claim for whiplash?

Yes, you can claim for any health-related problems you sustain as a result of your car accident.

How long do I have to wait to receive my settlement?

Once a settlement is agreed upon, you shouldn’t have to wait any longer than 28 days to receive your compensation.

How many years after the accident could I claim for?

You have up to three years in which to make a claim after your accident. This time limit applies to most car and HGV accident claims.

How long do negotiations last before a settlement is reached?

Depending on the evidence, negotiations could last anywhere from a few weeks to a few years.

What is motorcycle personal accident cover?

Motorcycle personal accident cover is an add on you can purchase when you take out a motorcycle insurance policy.

Motorcycle personal accident cover could pay for injuries that occur in certain accidents. For example,  if you’re a motorcyclist who flips onto a car and gets injured.

However, should another road user be at fault for your accident, your compensation could come from their insurer.

Who is at fault if a motorcyclist flips onto a car?

Who is at fault if a motorcyclist flips onto a car depends on the cause of the accident. If, for example, a car fails to stop at a red light and drives into you, causing you to flip onto the vehicle, it could be their fault.

However, if you are at fault or you haven’t suffered any injuries, you would not be able to make a personal injury claim against the motorist.

Who could I claim against if I’m injured in an HGV accident?

Who you could claim against if you’re injured in an HGV accident that wasn’t your fault would depend on the cause. If the HGV accident involved a foreign vehicle that was at fault, you could claim via the Motor Insurers’ Bureau.

Otherwise, if the HGV driver was at fault and the HGV was owned/operated by a UK company, you could claim against that company. If you were injured in an HGV accident as the driver of an HGV and the accident wasn’t your fault, you could claim against the at-fault party’s insurer.

Do you still have any questions about road traffic accident claims? Or perhaps you have queries about related topics such as how much compensation for a road traffic accident may be offered for your claim? You can speak to one of our advisors either online or on the phone for help if you get in touch using the contact details found in this guide.