Road Traffic Accident Claims
Of all the personal injury compensation claims raised every year in the UK, road traffic accident claims are the most common. Every day, The Compensation Experts assist victims of accidents which were not their fault, and who have been left physically and potentially financially vulnerable due to the actions of another person. If you have been injured in a car crash and want to know more about making an RTA compensation claim, give The Compensation Experts a call and talk to one of our qualified legal advisors.
What is a Road Traffic Accident Claim?
Claiming compensation for an RTA can range from a slight injury that heals swiftly with no lasting effects, to life-altering brain or spinal damage which limits physical movement and cognitive processes, or even death. While some injuries may be more severe than others, no case is more important than another when it comes to how we see our clients. At the heart of every claim is a person who, simply by being in the wrong place at the wrong time, has been adversely affected physically, emotionally, and financially. Compensation gives you access to solutions you may not otherwise have.
Compensation is about more than a payment of money. An early claim can help you obtain the medical support you need for the best possible recovery and can protect yours and your family’s financial future. The aftermath of an accident can be expensive. As well as extra costs like travel to and from a hospital, prescriptions, your loss of income while you are recovering and possibly your partner’s if they have to take time off work to care for you, and the expense of repairing or replacing personal belongings.
The biggest cause of road traffic accidents is excessive speed. In just one year, speed was the contributing factor in accidents that resulted in 3,064 fatalities or serious injuries to drivers, passengers, motorcyclists, cyclists, and pedestrians. If you or your loved one has been harmed as the result of a car accident, The Compensation Experts are here to help.
Types of road traffic accident claims can include, but are certainly not limited to:
- Whiplash claims
- Fractured bones and dislocated joints
- Brain and spinal injury
Road traffic accidents can also result from:
Driver distraction – changing music, reading texts, or lighting a cigarette
Driver negligence – driving under the influence of drugs or alcohol, driving dangerously
Inadequate vehicle maintenance – incorrect tyre pressure, lack of windscreen wash or blunt wiper blades
Poor road condition – large potholes, slippery surfaces after a spillage, poorly signed roadworks
In addition to covering medical and other immediate costs in the aftermath of your accident, compensation can also pay for the future loss of earnings and pension if you are unable to resume work, or if a permanent injury means you have to reduce your hours or change careers. It will also factor in the cost of future care needs and if required, modifications to your home or car. At The Compensation Experts, we look at what you need both now and in the future to ensure you can move forward with confidence that you have the resources you need to live a comfortable life.
RTA Case Study
An example of a successful RTA compensation claim featured a woman who was struck by a car on a stretch of road well-known locally for being dangerous for pedestrians. She was left with significant and lasting brain injuries which would require her to have ongoing nursing care and support for the rest of her life. Unfortunately for her, she lived in a part of the UK where the NHS resources necessary for her rehabilitation were overstretched and, as a result, she had not been able to access the care she needed to help her prognosis. Her personal injury solicitor was able to obtain an interim compensation payment which enabled her to have a private medical assessment to clearly ascertain the extent of her injuries, as well as access appropriate rehabilitative treatment.
Another RTA claim example is the case of a father of young children who was involved in a car crash while riding a motorbike on holiday abroad. He was left with lasting paralysis from a traumatic spinal injury which left him unable to return to work and in need of daily nursing care. His compensation payment covered not only medical expenses and loss of income and pension but also paid for someone to help with domestic duties around the home to alleviate the strain put on his partner who worked full time.
Why Choose The Compensation Experts?
At The Compensation Experts, we work with some the UK’s leading personal injury lawyers, including those who specialise in road traffic accident compensation and who have a proven track record in successful claims.
We offer a free, no obligation legal consultation to answer any questions you may have about whether you can claim compensation and how to do it, so you can make an informed decision about how you are going to proceed. Our clients have access to highly trained and knowledgeable legal advisors and lawyers who will keep you informed of the progress of your claim each step of the way in a language you understand rather than confusing and unnecessary legal jargon.
No one wants to be a position where they are entitled to claim compensation, but if you are, then you want a team on your side who understands what you are going through and who has the experience and expertise to obtain maximum compensation, like The Compensation Experts.
What is No Win No Fee?
The term “no win no fee” is used to describe conditional fee legal arrangements. The Compensation Experts offer our clients a No Win No Fee* option to make top-quality legal support accessible for everybody, not only the wealthy and privileged. As long as you are honest when disclosing information about the circumstances around your accident, and you follow the legal advice provided by your personal injury solicitor, you will not have to pay a single penny in legal fees if your case is unsuccessful.
In addition to reducing the financial risk associated with making a claim that has no guarantee of success, No Win No Fee agreements have the added benefit of knowing your lawyer is fully committed to securing you the most positive outcome.
Can I Claim Compensation?
Some accidents are simply that – accidents which happen despite every reasonable precaution being taken and where no one is to blame. If, however, you have been hurt in an accident where you believe another party was at fault then you may be able to claim compensation.
As the claimant, the onus is on you to demonstrate that another party was to blame, which is why it is so important to have a lawyer who understands the nuances of RTA compensation claims inside and out. Information they will use to help substantiate your claim can be:
- Police reports, if they attended the scene (which they should do if someone has been even slightly injured)
- Photographs of the site taken at the time of the accident if possible, or soon afterwards, together with photos of your vehicle and the other party’s vehicle, and your injuries. It also helps to have relevant information such as whether it was raining, if there was heavy traffic, and what visibility was like.
- A sketch of the road layout and markings, and the position of the vehicles
- Statements from witnesses who saw or heard your accident, and statements from other people who may have had a similar accident at the same location.
- Photographs of your injury and your medical notes
The last item is to prove that you were injured because, even if another person caused an accident and were completely to blame, if you were not injured then you have no grounds to claim compensation.
Other information which will assist you in the making a successful claim for damages are receipts and records of any reasonable expenses incurred as the result of your accident and injury, including travel costs and treatments such as physiotherapy, and wage slips showing lost income while you have been recovering.
In addition to all of the above paperwork it is extremely helpful for your claim to keep a diary detailing your physical and emotional state each day, any actions you take related to your accident including talking to your employer, seeing your doctor or phoning your insurance company. Even if you do not think something is relevant, note it down as you may find it plays a valuable role in the calculation of your compensation payment.
Can I Claim Compensation for Someone Else?
You can raise a compensation claim on behalf of a family member or close friend if they are a minor if they lack the mental capacity to do so. The process is similar to if you were claiming for yourself. However, any compensation paid would go into a trust with trustees allocated by the court to administer money on the injured person’s behalf.
How Do I Make a Personal Injury Compensation Claim?
After you have talked to The Compensation Experts and we have verified your claim has a high chance of succeeding, we will carefully select a personal injury solicitor based on the nature of your request and your needs.
Your lawyer will gather the necessary evidence and write to the people you believe to be responsible, asking them to accept liability and pay compensation. The other party has 21 days from receipt of this letter to acknowledge it in writing, then a further three months from their reply to send a full response and an admission or denial of responsibility. They cannot legally ignore your request. If they do not respond in these statutory timeframes, then your lawyer may recommend you submit an application to court where a judge can force them to do so.
If the other party acknowledges they were at fault, your lawyer will request compensation be paid, specifying a reasonable amount of damages in addition to setting out the other expenses you have incurred such as transport and medical costs. There may be some negotiation at this point, and your solicitor will advise you when they believe you have had a fair and reasonable offer.
Should the other party deny liability or accept they were only partially responsible an insist that some of the fault for the accident or the extent of your injuries remains with you, your lawyer may advise you to challenge their response in court and let a judge decide.
You can rely on The Compensation Experts and your lawyer to support you for the duration of your claim whether it takes three months or three years.
Personal Injury Compensation FAQ
The three most frequent questions our advisors hear are:
1.How long does a compensation claim take?
There is no statutory time by which a compensation claim must be finalised (although there is in which a claim must be started as detailed in Question 3). If the circumstances around your accident are clear and your injuries slight, you can expect to receive payment far sooner than if there is confusion over who was responsible and your injuries are extensive with an unclear prognosis. Most RTA claims are resolved within nine months, but those involving brain and spinal damage, where it may not be certain how lasting an injury will be – can take two years or more.
- How much money will I receive?
Your lawyer will give you an estimation of how much money you are likely to be paid on completion of a successful claim once they have a better understanding of how extensive your injuries are and the impact they have on your life both since the accident and in the future.
- Is there a time limit to making a claim?
You have three years from the date of your accident to begin the claim process however we always advise clients to seek legal advice as early as possible. Even if you do not feel ready to make a claim, it is beneficial to be aware of your options and the information needed if you do proceed in order to give your claim every chance of success.
The exception to this three-year rule is if you were a minor at the time of the accident when you have until your 21st birthday. If your injury was only later linked to the accident you have three years from the date of formal diagnosis.
Get in touch with The Compensation Experts today and ask how we can help with our No Win No Fee* compensation claims. We are happy to take your call now or, if you prefer, call at a time that suits you.
*conditions may apply
Need some help?
Am I eligible?
If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.
Exceptions to this are for instance industrial disease or if you were a child at the time of the accident you may have a longer period to claim.
How much could I claim?
As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure include: extent of your injuries, earnings missed out on, future losses and more.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.
Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be keep up to date every step of the way.
Why should you use us?
No Win No Fee*
We assess all claims on a No Win No Fee basis, then we can determine how successful a claim is likely to be. This service is 100% free.
We assess each claim on its merits with the information provide, which aids us determine its likely success rate.
Our dedicated panel are experts in securing compensation no matter the injury.
Our personal injury solicitors are committed to securing the best possible outcome for you while providing expert support every step of the way.
Personal Dedicated Solicitors
Each client is provided with their own Personal Injury solicitor who will work on the case from start to finish, being there every step of the way. The client will be provided with a direct phone number and direct email address of the solicitor.
Expert solicitors working for you
We specialise in helping victims of injury claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case you don’t pay! Once you make contact, our experienced team will work to recover the maximum compensation you are entitled to.