Road traffic accident solicitors
Driver, passenger, biker, pillion, cyclist, horse rider, runner or pedestrian, we're all vulnerable when on the road. Department for Transport research shows over 153,000 people were injured in road traffic accidents reported in 2019, with 1,752 suffering fatal injury.
The total number of people hurt in road accidents in 2019 is down from 2018. However, the volume of incidents mean thousands are still making road accident claims every year. Whether you've been involved in a minor shunt or a major collision, we're here to take the stress out of claiming compensation while you recover.
We understand that making a road traffic accident claim can seem daunting and complicated. That's why we've put together this handy guide to explain what happens and give you added peace of mind.
What types of injury can you suffer in a road accident?
Even more common injuries like whiplash can have a significant impact on someone's life.
Many police forces around the country classify road traffic accident injuries into five categories. The most serious group is fatality and the other four are:
- Slight - neck whiplash, shock, bruising, soft tissue sprains and strains plus shallow cuts or abrasions.
- Less serious - minor head injuries, deep cuts, hand, arm or collarbone fractures plus foot, ankle or lower leg fractures.
- Moderately serious - thigh or pelvis fracture, chest injuries and deeply penetrating wounds.
- Very serious - broken neck or spine, severe head, chest or crush injury with loss of consciousness or breathing difficulty. Plus all internal injuries and multiple severe injuries with unconsciousness.
Traffic accidents and other motor-related incidents form the vast majority of personal injury claims. Road traffic accident compensation claims can be complicated and they require absolute attention to detail. It's our job to take care of the customer every step of the way, while they focus on recovery.
James Ilic
Senior Litigator, National Accident LawWhat amount might you receive in a successful road traffic accident claim?
If you're eligible for compensation and your claim succeeds, the amounts paid will vary. It depends on the type and severity of your injuries and the time it takes to recover.
The Judicial College's compensation guidelines (15th Edition) recommend compensation ranges for a number of injury claim types.
Small claims personal injury and whiplash law changes
On 31st May 2021, the government adapted certain rules for making a small personal injury claim after a road traffic accident. These rules focussed on reducing the number and cost of fraudulent or false and exaggerated claims. To support this, a tariff was introduced for whiplash claims linking compensation awards to the duration of the injury sustained from the accident. One of the benefits of reducing fraudulent claims is the likely reduction of motor insurance premiums for drivers and road users. Key rule-changes include:
- The small claims general damages limit will rise for road traffic accident injuries from £1,000 to £5,000.
- Compensation for soft tissue and whiplash injury claims is now fixed, banded by severity, and lower than before.
- People can no longer recover their legal costs from the other side in a small claim. These will now be deducted from compensation awards up to £5,000.'
- Some other minor road traffic accident injuries - like simple fractures - are now classed as a small claim.
- People now have the option to make a small road traffic accident claim themselves online, without needing help from a solicitor.
These rules are for small claims only and do not apply to all injuries or claims. Pedestrians, cyclists and other vulnerable road users will not be affected by these updates. Other personal injury claims will also remain unaffected by the changes, such as medical negligence claims, workplace accidents, and accidents in public.
What's the process for claiming traffic accident compensation?
We like to make the process as simple and straightforward as possible. If you're seeking to claim for injury compensation after a road traffic accident, you can see if you can start your claim online by completing our claim online tool. Or you can call us on .
We handle claims for some injuries - such as whiplash, cuts, bruising and minor fractures or bone breaks - using an efficient internet system run by the government.
In complex cases where you or a loved one has been badly hurt or critically injured, you'll be in the safe hands of our specialist team from the moment you contact us.
Start your claim online
Use our market leading calculator to start your claim online. It can give you an indicative claim valuation, plus confirm if you can manage your case online through our MyAccount customer account area.
Claim onlineFrequently asked questions...
Depending on the circumstances, you may be able to make a claim on behalf of a loved one. For instance, you can claim on behalf of your child if they were injured and under the age of 18.
You may also be able to claim on behalf of an injured person who's suffered head or brain trauma, or someone who has a pre-existing medical condition which means they are unable to make a decision themselves. The Mental Capacity Act 2005 is in place to protect vulnerable parties and help people establish when a person lacks capacity to make their own decision.
If you are claiming on behalf of a loved one, it is important you have all the details of their accident and medical treatment. A personal injury solicitor will be able to take you through this and explain how the compensation claim process works in these situations.
If your loved one has died due to an accident that wasn't their fault, we understand how difficult it can be to cope. While we can't take back what happened, we can help you to claim compensation which may relieve some of the financial pressure you're facing.
No win no fee means you will only pay your legal team if your claim is successful and you are awarded compensation.
If you win your claim, your solicitor will typically make the following deductions from the compensation you are awarded:
- A ‘success fee' for winning the claim.
- The other side will usually be required to make a payment towards your legal costs and expenses but any shortfall may also be deducted from your compensation.
- The cost of the premium for any legal protection insurance you may have needed to ensure your claim is risk free.
You keep the rest and this will always be the majority of the compensation awarded to you. The deductions we list above will only be made when your compensation is paid. There are no upfront costs and no hidden charges.
When you talk to one of our personal injury experts, we can determine if you have the right cover and help you organise insurance before you make a claim.
Every claim we handle is different and that makes it hard for us to say how long your compensation claim might take. However, the bulk of the claims we handle are relatively short in duration.
In simpler cases where fault is clear and undeniable, the claim may be settled quickly, and even disputed claims can be negotiated to a settlement in approximately 12 months.
However, if you've suffered a serious or life-changing injury then your compensation claim may take longer. This is because we need to understand its full impact and make sure your future rehab or treatment costs are adequately covered.
You can rest assured that we will stay in touch with you throughout the process so that you'll always know how things are progressing.
When submitting your compensation claim, your personal injury solicitor will assess all areas of your life that have been affected by your injury. Our team will take into account:
- The seriousness of your workplace injury and how it's affected your life in the short and long term
- The financial impact, especially if you've lost income or been forced to take time off work
- The impact on your mental health
- Any changes to your home and social life
Our personal injury solicitors are dedicated to getting you the compensation you deserve. If your claim is successful, your settlement award could cover present and future loss of earnings, medical costs, adaptations to your lifestyle and more.
For more information about what your compensation could cover, contact our team today.
Once in Court, the specialist lawyer or barrister we appoint to represent you will take care of all the legal business. However, the Judge will need you to run through the details of your claim to assess the impact of the incident on your life. The other side's barrister may also want to ask your questions. We'll prepare you fully so you're comfortable and confident.
How long do you have to make a road traffic accident compensation claim?
If you've been hurt in a road traffic accident that wasn't your fault, our specialist road traffic team will guide you through the process. We'll do everything in our power to help ease the physical and psychological impacts of what we know can be a stressful time. You can claim for traffic accident compensation with road traffic accident solicitors any time up to three years after being injured.
- In most circumstances, adults who were 18 years old or over at the time must make a claim within three years of the accident.
- Where the injured person was under 18 years old when the accident occurred, the three-year period usually expires on their 21st birthday.
We always recommend you seek professional advice as soon as possible while events are fresh in the mind. If the three-year deadline is approaching, please contact us as soon as possible as it can take time to get things in motion.
If you think you may be eligible to make a road traffic accident claim, contact us today by completing our claim online tool, requesting a call back or by calling our friendly team on . We're here to help you get the compensation you deserve.