By Mark Anderson. Last Updated 20th May 2021. Welcome to our guide which discusses road traffic accident compensation claims. If you have been unfortunate enough to have been caught up in a road traffic accident and suffered an injury due to the fault of another driver, then you could be able to launch one of the many personal injury claims that are started in the UK every week.
Here, we take you through some key facts surrounding road traffic accident compensation claims, giving you all the information you need to know before deciding whether you should claim compensation.
Reading this guide is just the start. We hope that after reading it, you’ll want to approach us for more information and to have a chat about starting a claim. To do that, you can call 0800 073 8801, or send an email to email@example.com or use our websites callback form.
Choose a Section
- Our Guide to road traffic accident claims
- What constitutes a road traffic accident?
- What action should you take if you are involved in a road traffic accident causing an injury
- How to go about starting a road traffic accident claim
- Fatal road traffic accident compensation claims
- Making a road traffic accident at work claim
- What should you do after a road traffic accident in the UK?
- What if a road traffic accident is your fault?
- What to do about children involved in a road traffic accident – can I claim on their behalf?
- What sort of compensation can I claim for in a road traffic accident that caused Injury?
- Road traffic accident hit and run – can I still claim?
- Road traffic accident statistics UK
- The Most Common Types of road traffic accident injuries
- What amount of compensation will I get after a road traffic accident that has caused injuries?
- Is it possible to make No Win No Fee road traffic accident compensation claims?
- Accident Claims – Why choose us for your road traffic accident claim?
- Ready to make a road traffic accident claim? Here’s how
- Road Traffic Accident Compensation Claims FAQs
Sadly, there are road traffic accidents that occur in the UK daily. Whether you have been caught up in a road traffic accident as a driver or a passenger and sustained an injury, you will likely be very shocked that it has happened to you and worried about treatment ahead or how it will affect you long term – especially if you have had to be off work while you recover. Of course, the financial implications of an accident can vary from case to case. Still, the reason many people launch road traffic accident compensation claims is to recoup the costs they have incurred as a result of the injury or injuries they have sustained.
In this guide, we take a look at road traffic accident claim payouts, the traffic accident claims process itself, as well as giving you information on many of the common queries on road traffic accident law that we receive when people call our free advice line.
A road traffic accident is any accident that happens as a result of traffic on the road such as cars, bikes, vans, motorcycles or lorries. Whether you have been caught up in traffic accidents involving motorcycles or been in the passenger seat of a car and been injured, if the incident that occurred was not due to you, then you will likely be able to claim for car crash compensation payouts. Speak to us for further guidance on road traffic accident compensation claims.
Initially, the best thing to do, if you have not done so immediately after the accident, is to seek medical attention. This is vital in spotting any injuries that you may initially be unaware of, as you could be in a state of shock. It can also help to support any claim you may make later on.
If you are thinking of claiming compensation for road accident victims, whether it is one person that has been injured or many, this requires certain information. You will need to have details of where and when the RTA took place, as well as who was involved in most cases.
To make strong road traffic accident compensation claims, it is a good idea to get the details (phone number, full name and address) of those persons who have been witness to what happened. On top of this, it is handy to keep receipts for any costs you have been subjected to because of the RTA. Costs such as:
- Transport to medical appointments
- Treatment costs
- Care costs
- Loss of amenities, i.e. money that you have already spent on plans such as holidays that you have had to cancel as a result of the accident
- Repairs and replacements to your property that was damaged in the accident.
Keeping records of these expenses can help to strengthen your case as well as potentially improving the amount of compensation you could receive.
Whether it is whiplash claims or claims for other injuries sustained within a road traffic accident, the process is fairly similar. If you call Accident Claims, one of our expert team will take you through a few questions to determine the main facts of the RTA. Once we have all the information we need, we will match you to the best personal injury claim solicitors for your case, who will be able to take your case forward on a no win no fee agreement basis.
Many of the questions we receive involving road traffic accident compensation boil down to “how long does it take?”. Sadly, we cannot give a definitive answer that fits all cases as each, and each one is different. The most straightforward cases can be finalised in just a few months, whereas other, more complex and complicated claims can last over a year. However, our Accident Claims telephone advisors will advise more on this should you choose to give us a call.
Fatal accidents are tragic, and whether you are a dependent of the deceased person or a family member that has suffered hardship due to their death, we know you must be going through a traumatic time. If the accident you lost your loved one in was in no way their fault, there might be some way to redress the financial burden this accident has left you with. Amongst other types of damages, you can claim in these cases are loss of earnings (both actual and future) as well as funeral costs, punitive damages and general damages.
Road traffic accident compensation claims are not just launched for leisure drivers and their passengers. If you were travelling in a commercial vehicle to work, for example, and you were injured as a result of an RTA that was not due to you, then you could be able to claim for compensation doe your injuries. In these cases, it will be necessary to prove that your employer is liable. This could be for many different reasons, including:
- Commercial vehicle not properly maintained
- Poor/inadequate/no training
- No risk assessment
If you are at all nervous about claiming for an accident that happened at work, then do not be concerned about the safety of your job. There is legislation to protect you from being treated differently because of your claim – and you should also be aware that your employer should have insurance to cover the costs of your case.
We touched upon what needs to be done after an RTA, but here we give you more detail. Whether you are making a claim or not, it is wise to do the following:
- Ensure everyone is okay and get medical attention – if required, you should phone an ambulance for immediate treatment or get an appointment at a walk-in/GPs office if you feel it can wait.
- Get in touch with the police – while this does not always apply, there has been a fatality, serious injury, a crime has been committed or poses a risk to other road users. You need to call the police at the earliest opportunity.
- Make a note of the events – Writing things down early saves your memory from getting jumbled.
- Take details of bystanders – If someone has witnessed the RTA, it is a good idea to note their details in case they are needed later on.
If you are at fault in an RTA, you more than likely will be unable to make road traffic accident compensation claims. However, if it is not clear who is responsible, or there is a fault by more than one person, yourself included, it may be worth calling us to see whether you are likely to pursue a claim. If you were partly to blame, any compensation payout for a vehicle accident claim you make would likely be lower than if you were not at fault.
If a child has been injured in an RTA, then it can be very worrying. Children seem so tiny and weak compared to adults, and their condition can deteriorate quickly, so the sooner you get them medical attention, the better. When it comes to road traffic accidents, children claims can be made by a parent or legal guardian within three years of the accident. However, if the parent or guardian decides not to launch a claim, the child may be able to do so when they turn 18. The child then has three years from the date they turn 18 to claim RTA child accident compensation.
RTA compensation amounts paid out tend to cover some or all of the following:
- General payouts for injuries received
This is calculated based on the level of injury you have suffered based on the medical report that will be compiled.
- Special payouts for other factors
This includes the type of expenses you may have had to bear due to the accident. This can cover any lost income, both now and for the future, childcare expenses, care claims, any changes to your home that have to be made due to your injuries, as well as travel and counselling costs. You must keep any proof of expenses such as receipts to claim.
If you are unsure whether a cost you have incurred will likely be taken into account as part of road traffic accident compensation claims, then it is a good idea to call our team – we should be able to advise you.
Whilst the vast majority of car operators are honest and responsible, there are still a small number of road users that are not. If you have been the victim of a hit and run, you may feel that the situation could not possibly result in a compensation payout. However, this could not be further from the truth. If the driver has fled the scene of an RTA, and you have been left with injuries, then it is still possible to claim an organisation often referred to as the MIB. The MIB (Motor Insurance Bureau) exists for this purpose, to settle claims from those injured by uninsured or untraceable drivers.
We will be happy to give you more information on what this entails should you have been in the unfortunate situation that the driver in the RTA you were involved in has not been traced. Find out more about road traffic accident compensation claims by speaking with one of our advisors today.
According to government statistics, the number of vehicle accidents and the number of fatalities resulting from them are on a downward trend and have been for several decades. Up to June 2020, there were 131,220 injuries in road accidents reported to the police. The total number of injuries in car accidents represents a 16% drop since last year, partly due to Coronavirus-enforced restrictions. In total, 1,580 people were killed in traffic accidents during this period, representing a 14% drop from 2019. You can see more of these figures and how they are collated in this government report.
Injuries sustained as a result of RTAs can be many and varied. However, we can list some of the most common injuries that often occur in RTAs (and subsequent road traffic accident compensation claims) here:
- Internal damage – The impact of an RTA can be severe and can cause damage you can’t see from the outside. Injuries to the spleen, kidneys, liver, heart and lungs can occur, and the legacy of these injuries can be far-reaching
- Back injuries – Injuries to the back can be painful and depending on how severe they are, they can leave lasting effects that impact your daily life.
- Facial injuries – Shattered windscreens as well as the impact can cause facial injuries. This can have both physical and psychological effects.
- Psychological damage – This sort of injury can have severe effects, just like any physical injury and can be quite common after a crash.
- Neck injuries – From whiplash to fractures and dislocation, neck injuries can be painful and debilitating.
- Spine Injuries – This can be extremely serious, and some patients are unable to walk or do the things they normally did after a severe spinal injury.
- Head and brain damage – Whether as a result of the head hitting something with force or a violent shaking of the skull, brain and head injuries can be extremely serious and life-threatening in some cases.
Of course, broken bones, dislocations and a variety of other injuries can occur as a result of road traffic accidents. If your injury is not listed above, it is still likely to be covered in a claim.
RTA compensation amounts can vary widely depending on the condition. Accidents involving bicycles can produce very different results to those involving lorries, for example, as the injuries will be very different. As such, there is no average compensation for road traffic accident claims. However, what we can do is give you guide amounts for the sort of injuries you may have sustained. See the compensation calculator table below for more detail.
|Very severe brain damage||£264,650 to £379,100|
|Minor brain damage||£2,070 to £11,980|
|Severe psychiatric damage||£51,460 to £108,620|
|Minor psychiatric damage||£1,440 to £5,500|
|Severe neck injury||In the region of £139,210|
|Moderate neck injury||£23,460 to £36,120|
|Minor neck injury||£4,080 to £7,410|
|Severe pelvis or hip injury||£73,580 to £122,860|
|Minor pelvis or hip injury||£3,710 to £11,820|
The simple answer here is yes. This sort of road traffic accident claim is possible. Whether you were involved in a hit and run incident or a merging accident that is not your fault, then the solicitors we work with can take your case under a CFA (conditional fee agreement), meaning that fees are only payable if your case is successful in receiving a settlement. Call our team to find out how this works in detail to give you all the information you need to decide on whether making a claim is right for you.
As accident specialists, the team at Accident Claims really care about the clients they speak to. You will find us approachable, honest and full of good actionable advice, even if you decide not to go ahead and pursue a claim with us. This is why our customers rate us as the best personal injury accident claim company they have spoken to.
Whether you have lost a loved one in a fatal car accident or are asking, ‘How do I know a road accident claim is not my fault’, we are on hand to provide the answers. We would never dream of putting you under any duress to decide whether you want to pursue a claim. This, and our years of experience in helping clients win the maximum amount of payout for their injuries, is what makes us a great company to speak to no matter what type of RTA you’ve been involved in.
If, after reading all the above information, you feel ready to take a claim forward, then we are on the other end of the phone, ready and waiting to help you. Just call 0800 073 8801, and our team will guide you through the first steps towards making road traffic accident compensation claims for RTA injuries. Why not call today?
If you have been in a car accident as a driver or passenger and, as a result, have injuries, for example, whiplash, contact us today to find out if you can claim compensation.
This page allows you to read about how you can claim after being in a cycling accident on the road.
Meanwhile, this page covers any scenarios where a taxi causes the accident that you’re involved in.
Here, you’ll find advice from the UK government about what you should do if you’ve been in an RTA.
The Government’s resource for statistics about RTAs.
The Road Traffic Act can be found here, as well as resources that may interest you should you have been involved in an accident on the road.
Road Traffic Accident Compensation Claims FAQs
How much compensation will I get for a road traffic accident?
The amount of compensation you could be awarded for a road traffic accident will depend on several factors, including:
• The severity of your injuries
• The amount of property damage you have experienced
• How much the injury has affected your life
• How much your injuries have affected you financially
You can check out our road traffic accident compensation calculator and speak to our advisors to determine how much compensation you could be entitled to.
Could I claim compensation for a road traffic accident that was my fault?
If the accident was partly your fault, you could be entitled to claim compensation if someone else was partly to blame as well. If the accident were entirely your own fault, you would not be likely to be able to claim.
Can I claim for anxiety after a car accident?
If you have experienced anxiety, trauma, PTSD or any of the other mental and emotional side effects of being in a road traffic accident, then those would be some of the issues for which you could be entitled to claim compensation.
What is a suitable settlement offer?
An appropriate first settlement offer is one that finds a suitable balance between the claimant’s expectations and the defendant’s financial position. That way, there is room for negotiation on either side to find a suitable final settlement agreement.
Do you pay tax on accident compensation?
No, you shouldn’t have to pay tax on any accident compensation.
Is compensation considered income?
When determining your gross income for a tax form, compensation should be included amongst the income amount that you provide.
What are the four types of compensation?
These are hourly, salary, commission and also bonuses.
What is an example of direct compensation?
This could be a typical annual salary or the average hourly wage for an employee.
Thank you for reading our guide about road traffic accident compensation claims.