Road Traffic Accident Claims

In this guide, we’ll discuss certain aspects of road traffic accident claims. For instance, we will describe the duty of care that is owed on the road and the legislation that determines this. We will also discuss the evidence you can collect in support of a potential claim. What’s more, we’ll be sure to explain how compensation is calculated for this particular kind of personal injury claim.

road traffic accident claims

Road traffic accident claims guide

As well as providing you with a compensation table that you can use to estimate the value of your injuries, we will explore the benefits of working with one of our No Win No Fee solicitors. These professionals can represent you during the claims process, using an arrangement that means you typically don’t have to pay their service fees if your claim fails. 

If you would like more information regarding road traffic accident claims, speak to us for free using the contact details below. Our advisors can offer you a free consultation and may connect you with one of our road traffic accident solicitors. Speak to us today:

Select A Section

  1. Do I Qualify To Make A Road Traffic Accident Claim?
  2. Types Of Road Traffic Accident Claims You Make
  3. What Evidence Should I Collect To Support My Claim?
  4. What Is The Average Road Traffic Accident Claim Payout?
  5. Why Choose Our Team For Road Traffic Accident Claims?
  6. Learn More About Road Traffic Accident Claims

Do I Qualify To Make A Road Traffic Accident Claim?

All road users owe one another a duty of care while using the roads. This duty of care is established in the Road Traffic Act 1988, a law that determines all road users must take reasonable care to avoid causing damage to themselves or others while using the road. Furthermore, the Highway Code sets out the guidelines and regulations for road users, some of which are backed up in law elsewhere.

With the above information in mind, you may be eligible to begin a claim when your circumstances satisfy the following criteria:

  • Firstly, another driver owed you a duty of care
  • Secondly, this driver breached the duty they owed you
  • Thirdly, you sustained an injury as a direct result of this breach

Together, the above elements represent negligence. Speak to our team of advisors if you have questions about the process behind road traffic accident claims.

The Whiplash Reform Program

As of 31 May 2021, the Whiplash Reform Programme implemented changes to the way adult drivers and passengers must claim for soft tissue and whiplash injuries valued at £5,000 or less. Individuals who meet these criteria must begin their claims using a new method. Additionally, their soft tissue and whiplash injuries will be valued according to the tariff found in The Whiplash Reform Programme.

If you suffer harm that takes the value of your claim over £5,000 then your claim can be made in the traditional manner. Any injuries not represented in the tariff will be valued traditionally, but your soft tissue and whiplash injuries will still be valued according to the tariff.

This tariff may also apply to the injuries suffered by individuals who are not drivers or passengers over the age of 18. Speak to our advisors if you have questions about road traffic accident claims involving whiplash injuries.

Types Of Road Traffic Accident Claims You Could Make

If a driver does not fulfil the duty of care they owe to others while using the roads, it could increase the risk of road traffic accidents occurring. For instance, this could include a:

Get in contact with our advisors if you have been injured by a driver and would like to know more about the process behind road traffic accident claims.

What Evidence Should I Collect To Support My Claim?

In order to strengthen your case, you can begin collecting evidence. An important factor of claiming is proving that your injuries were caused by negligence, so you can provide:

One of the services a solicitor can provide is collecting evidence for a case. If you would like to learn more, you can contact one of our advisors using the number at the top of your page.

What Is The Average Road Traffic Accident Claim Payout?

Successful road traffic accident claims may receive compensation that includes up to two heads of claim. The primary head of claim that accounts for the pain and suffering caused by your injuries is known as general damages.

Below, you will find a table of compensation figures taken from the Judicial College Guidelines (JCG), a document that solicitors can use to calculate the value of a claim. This document contains compensation brackets for different kinds of injury a person could experience. Please use the table below to understand how much a claim could receive for general damages.

Compensation Table

Injury Severity Brackets/Tariffs Explanatory Notes
Paralysis Injuries Tetraplegia £324,600 to £403,990 Award will consider the presence of pain, life expectancy, awareness of disability, and other factors.
Brain Injuries Moderately Severe £219,070 to £282,010 There will be substantial dependence on others and need for constant care. May be physical or cognitive disability.
Brain Injuries Moderate (i) £150,110 to £219,070 Moderate to severe intellectual deficit, personality change, effect on senses and no prospect of employment.
Leg Amputations Loss of Both Legs Below the Knee (ii) £201,490 to £270,100 Award will consider amount of legs that are lost. Also considers level of phantoms pains felt, side effects such as backache, and other factors.
Back Injuries Severe (i) £91,090 to £160,980 Damaged nerve roots and spinal cord. Severe pain and disability with a combination of incomplete paralysis and impaired function of bladder, bowel and sexual organs.
Arm Amputations Loss of One Arm Below Elbow (iii) £96,160 to £109,650 Amputation through the forearm with phantom pains and severe residual organic pain.
Injuries to Hip/Pelvis Severe (ii) £61,910 to £78,400 Injuries that are less severe than others but which have distinguishing features, such as fracture dislocation of the pelvis involving both ischial and pubic rami, causing impotence.
Wrist Injuries Complete Loss of Function £47,620 to £59,860 Injuries that lead to the a total loss of function in the wrist.
Whiplash 2(1)(b) One Or More Whiplash Injuries and One or More Minor Psychological Injuries £4,345 Symptoms persist for more than 18 months but less than 24.
Whiplash 2(1)(a) One Or More Whiplash Injuries £3,005 Symptoms persist for more than 15 months but less than 18.

Please note that the JCG brackets are intended as a guide only, and the figures are not guaranteed. However, the whiplash entries at the bottom of the table have been taken from the Whiplash Injury Regulations 2021.

How Special Damages Could Also Compensate You

The second head of claim is called special damages. To receive this payout, you must provide evidence of financial losses caused by your injuries. For instance:

  • Paylips will demonstrate the loss of earnings your injuries have caused
  • Receipts can show how much money you’ve spent on prescriptions, physiotherapy, and other treatment required for your recovery
  • Bank statements can demonstrate how much you’ve spent travelling to and from hospital appointments

If you’d like more information about how motor injury claims are calculated, speak to our team of advisors. They can provide a more personalised estimate based on the circumstances you describe.

Why Choose Our Team For Road Traffic Accident Claims

Your claim could benefit from the services offered by road traffic accident solicitors. For example, they could help you collect evidence and build your claim.

Our solicitors work under a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA). The terms of this kind of agreement mean that you don’t have to pay ongoing service charges in order to work with a solicitor. Neither do you generally have to pay these service fees if your claim fails.

Instead of paying upfront or ongoing fees for the solicitor’s services, your lawyer would take a success fee at the end of the claims process, but only if your case succeeds. If you are awarded compensation, your solicitor would deduct a success fee from it. This percentage is legally capped by the Conditional Fee Agreements Order 2013, so you always receive the majority of your award.

Contact Us

To learn more about road traffic accident claims, speak to our advisors. They can tell you about the merits of your potential claim. Furthermore, they may be able to put you in touch with one of our solicitors. However, there is no pressure to begin a claim, so you can use this free consultation as a way to gather information. To learn more:

Learn more About Road Traffic Accident Claims

Please browse through some of our guides:

Here are some external resources that you might find helpful:

We hope this guide has been a useful resource for road traffic accident claims. If you still have questions, speak to our advisors.