Road Traffic Accident Claims

The level of compensation depends upon the nature and extent of the injury suffered. This is established by obtaining formal independent medical evidence from a Doctor or Doctors specifically appointed to examine and report on your injuries.
A compensation award has two elements to it:

• General Damages are an award to compensate for the pain and suffering experienced because of the accident, and how it will impact on an individual’s future.
• Special damages are a separate award to compensate for financial losses or expenses incurred because of the accident, and any future costs that may arise because of it. They may include medical bills, rehabilitation costs, and loss of earnings due to time off work.

Typically, the more serious the accident, the higher the level of compensation will be.

If you have sustained injuries and believe you may have been at fault, it is still worth discussing your case with a solicitor, as there may be the possibility of negotiating a ‘split liability’ claim.

It is not always the case that road traffic accidents are 100% one party’s fault, and the civil law recognises this.

We’ve secured vital financial compensation for many clients in cases where the injured party has had to accept some of the blame for the accident happening, or for the injuries they have suffered.

This, for example, includes cases where people have been injured when not wearing their seatbelt. The general rule in such cases is that the compensation will be reduced by 25% to reflect ‘contributory negligence’ for not taking this mandatory safety precaution.

Following changes in the law in May 2022, the more minor injury cases sustained in an accident in a vehicle, as either a driver or passenger, such as whiplash and other soft tissue (muscular) injuries, now need to be pursued in person via the Government online Official Injuries Scheme (OIC).

We will advise you as to whether you will be best served by being represented by our expert legal team, or, in the case of minor injuries suffered in vehicle accidents, with potential compensation values of £5,000 or less, you need to use the online Government process.

Time limits do apply to road traffic accident claims and usually you have three years from the date of the accident to issue proceedings in relation to your claim.

It is very much in your interests to pursue a claim sooner rather than later. This is why speaking to one of our road traffic accident team today can make all the difference.

Your lawyer’s aim will be to ensure you make the best recovery possible and seek the compensation you deserve for any pain and suffering, loss of income, rehabilitation requirements, and in the most serious cases, accommodation and specialist equipment needs.

If you’ve been hit by an uninsured driver, or someone who failed to stop following an accident, you may still be able to make a personal injury claim for the injuries you sustained against the Motor Insurers Bureau (MIB). This is an organisation which deals with claims by victims of accidents where either the offending driver cannot be traced, or, if identified, turns out to be uninsured.

Our team has handled many claims through the MIB, including securing a £22,500 damages settlement for a client left with injuries after an uninsured driver clipped the back of his car, causing it to mount the kerb and crash head on into a lamppost.

Our team also secured compensation for a pedestrian injured when struck by a van which drove off after dragging him to the ground as he was waiting to cross the road.

Your solicitor will assess your case and investigate every aspect of the incident to determine who was responsible for the accident. We’ll help you through every step, including contacting anyone who may have witnessed the accident. We’ll also liaise with the other party’s insurance company to look to establish negligence and try to negotiate a settlement.

We always seek to settle cases through negotiation, thereby avoiding court hearings where possible. However, we will consider commencing court proceedings should defendants continue to deny liability and there is sufficient evidence to justify issuing proceedings or if we feel this action is needed to maximise the compensation you are awarded.

In truth, court proceedings are rare as most settlements are concluded well before it gets to this stage. As part of our service we will arrange for you to be medically examined by an expert to provide an independent report to support your claim for personal injury. This report will also be used to value your claim. If rehabilitation or further investigations are recommended by the expert, we will consider your needs and arrange these on a private basis where we can.

Your rehabilitation needs will be considered at the earliest opportunity to aid your recovery. Any recommended treatment and aids will be sought where necessary. In accordance with Rehabilitation Code, insurers are required to consider early intervention of treatment to aid recovery. We will request interim payments, where possible to assist with financial hardship and rehabilitation needs.

Once your medical evidence and losses have been finalised, your solicitor will discuss your settlement options. Negotiations will then take place to secure the best possible award on your behalf.