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

Accidents happen all the time. On UK roads, despite having one of the best safety records in Europe, just over 24,000 people were seriously hurt in road traffic accidents. Safety at work has also considerably improved but 137 people didn’t make it home from work last year. On top of

Road traffic accident

Road traffic accident

that statistic, 92 members of the public were killed by work-related activities. And more than 600,00 workers were hurt at work.

We need to remember that behind these facts and figures are people. One of the non-fatal road accident statistics, for example, is someone who was not seriously hurt in a traffic accident that was not their fault, but they are still suffering the consequences months after.

One of the work-related non-fatal statics is a worker who was hurt through no fault of his own and, as a result of his injuries, cannot return to work.

When someone has been hurt in an accident, whether on the road, at work or anywhere else, it may be possible to claim compensation for their injuries.

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.

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

It is a fact of life that accidents happen. Defining of the word accident in a dictionary brings up explanations surrounding unfortunate incidents that occur unintentionally and unexpectedly typically causing injury or damage. Keep looking for definitions are you will see words such as mishap, misfortune and catastrophe used to describe it.

This can lead us to think that is what an accident is: an unfortunate clash of circumstances and actions which was unintentional, therefore no one is to blame.

The problem arises when we start to examine the impact of damage or injury caused. In road traffic collisions, 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.

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

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 personal injury 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, 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.

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’.

The statistics from 2016 showed there was a slight increase in deaths on our roads a result, say the Government, of ‘natural variations in the figures’. The motoring organisation RAC is reporting our roads are getting busier, with an increase of 1.2% in the number of vehicles registered to our roads and may be one reason why this statistic has climbed a little.

The figures relating to non-fatal injuries remain stable, an indication say motoring organisations that safety campaigns and increased measures are working.

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 previous years.
  • External effects – from testing new road materials to 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.

Read the latest Government report on road traffic collision statics for 2015/16 here.

There is, of course, issues such as speed and inexperience as an underlying cause of many traffic accidents.

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.

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 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.

We work with people to claim compensation for injuries; your insurers will be the party that takes your case forward for damage to your vehicle, but we work closely with them as part of your overall claim.

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.

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.

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 look at the specifics of potential awards for injuries, we need to take a look at the six broad categories that combine to make a personal injury compensation settlement;

  1. General damages – this part of the settlement covers injury, pain, mental anguish and other ‘general’ damages.
  2. 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.
  3. 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.
  4. 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.
  5. Loss of earnings – if you can’t work after your accident in the short or long term, you can claim this too.
  6. 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.

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.

How Much Compensation Could You Claim After an Accident That Was Not Your Fault?

Statistics don’t list the types or severity of non-fatal injuries from road traffic accidents. Pedestrians, cyclists and motorcyclists are considered the three most vulnerable groups of road users. Car occupants and those of other vehicles such as vans and lorries are protected by the outer shell of the vehicle. Although this takes the brunt of the impact, the crush injuries that can result can be life-changing.

What follows is a general look at compensation amounts for certain injuries. How much you will be awarded depends on your injuries and their severity.

InjuryCompensation AwardAdditional Notes
Quadriplegia£246,750 - £307,000The higher end of the award scale for those who are so badly paralysed, that life expectancy is reduced.
Very severe brain injury£32,725 - £307,000Level of the award is affected by the degree of insight, life expectancy and extent of physical limitations.
Minor head injury£1,675 - £9,700
Epilepsy£8,100 - £77,500Can be as a result of a head injury.
Psychiatric 'damage'£4,450 - £41,675Inability to cope with life and work and other emotional factors that result in psychiatric issues.
Post-Traumatic Stress£3,000 - £6,225This is for less severe cases in which symptoms are expected to diminish within two years of the traumatic event. There is a higher scale for those who suffer the effects long term.
Chest injuries£3000 - £114,100As well as the severity of the injury, the award is made depending on age & gender, scarring, the effect on work capacity and life, and effects on life expectancy.
Neck injury£1,860 - £112,750From minor whiplash to significant injury resulting in a loss of movement.
Back injuriesUp to £112,350A higher award is made where there are spinal cord and nerve damage, affecting sexual function, bladder and bowels, accompanied by severe pain.
Fractures to limbs Up to £153,200 or moreCompensation for fractures to shoulders, arms, legs and fingers attract an award based on the severity of the fracture, whether surgery was required and what the residual effects will be.
Minor injuriesFew hundred pounds to £1,860This section is for injuries that are short in duration and from which a complete recovery is expected within three months and are not covered in the categories.

As part of your claim, you will need to attend an independent medical review. This appointment will look at your injuries, their nature and also their possible effect on your future quality of life. This appointment is almost always arranged local to you to minimise travel and disruption as you recover from your accident.

Your team at Accident Claims will support you throughout the claiming process, and that includes making sure you get the maximum compensation you are entitled to.

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 personal injury compensation 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 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 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 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 – compensation 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 – personal injury compensation claims 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? Or Want to Start Your Claim?

It is easy to assume that it as ‘just an accident’, an unfortunate meeting and combining of factors that led to an incident on a UK road that left you hurt.

Yes, you may make a full recovery from your injuries, and quickly too – great news! Or you may find that your injuries are severe enough to cause you significant problems now and in the future.

It is easy to assume that because compensation claims can be lengthy and complex that the best thing is to focus on ‘getting better’ because who needs all that stress at such a difficult time?

You may hope that the nightmares you have about the accident or the other emotional traumas you have been left with will get better or go away because, after all, money won’t make them stop.

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, 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

What to do after a car accident

A handy guide when you have been involved in a road traffic collision.

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 cycle accident

Bus Accidents

Our complete guide to bus accidents.