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Road Traffic Accident Claims – How Much Could I Get?

By Stephen Chambers. Last Updated 1st February 2022. In this guide, we’ll explain everything you need to know about road traffic accident claims—what criteria you need to meet, what evidence you may need, what the process involves, and how much compensation you could claim.

road traffic accident claims

Road traffic accident claims

Road traffic accidents can cause a range of injuries, from minor sprains and strains to life-changing amputations. A claim could potentially be made by a road user if they are hurt in a road traffic accident caused by another party’s negligence.

To learn more about how to make road traffic accident claims, please browse the sections of our guide below:

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Who Can Make A Road Traffic Accident Claim?

road traffic accident claims

Road traffic accident claims

You may be eligible to claim compensation for a road traffic accident that you were injured by if you were not at fault for it. What is key is being able to prove with evidence that another road user (or whoever is responsible for the road your accident took place on) was to blame for the accident and your subsequent injuries. Road users can include cyclists, pedestrians or drivers.

Under the Road Traffic Act 1988, all road users owe a legal duty of care to other road users to ensure they do not endanger them.

To win a road accident compensation case, you must be able to provide evidence that your injuries were caused by the accident that you’re claiming for. You also need to establish that the defendant was responsible for the accident.

Compensation Awards In Road Traffic Accident Claims

There are many reasons why people may wish to make road traffic accident claims for compensation. One of these is the need for a payout in the wake of financial losses caused by their accident. There’s also the suffering and impact which injuries caused by a road traffic accident can cause. Any compensation awarded for injuries covers a category known as general damages.

The compensation that may be awarded will vary greatly depending on the type and severity of the injuries you’re claiming for. Road accident victims can claim compensation for minor and major injuries. This may include cuts and bruises from broken glass. Injuries to the wrists, ankles, shoulders or back may also be included. Whiplash injuries or injuries to the kidney, chest, eye, neck or liver could also be potentially covered.

Special Damages In Road Traffic Accident Claims

Special damages may be awarded following a compensation claim to cover for financial losses inflicted by the accident. It is only a possibility to claim for special damages if you are eligible to claim for general damages.

Physical injuries can have far-reaching consequences. The medical bills for immediate treatment can be significant. This could be compounded if you have to undergo extensive, ongoing physiotherapy or some other ongoing treatment.

If you are unable to go to work, you may end up having to deal with loss of earnings for those missed days of work. You may also lose out on promotion opportunities and other perks.

Depending on the injury, if your mobility is restricted, you may need to make a few changes in your home to make it easier for you to still take care of your daily activities without being totally dependent on somebody else. For example, if you are in a wheelchair, you may need a stair ramp or modifications may need to be done to the bathroom.

You may also need to have to make some modifications to your vehicle so you do not have to depend on others for your transportation.

All of these factors can have a considerable effect on your quality of life and can add tremendous stress, leading to mental and emotional anguish.

What Is The Average Payout For A Car Accident?

There are no standard or average compensation payouts handed out for car accident claims. The amount of compensation that you may be awarded will depend on several different factors. This includes the type and severity of your injuries. Whether there are any special damages you can claim for too is a factor as well. If you contact Legal Expert, our advisors may be able to give you an estimation of your potential compensation payout based on the details of your case.

It’s worth noting that the process of claiming compensation for a road traffic accident can vary depending on the estimated worth of your injuries. This is due to the Whiplash Reform Programme introduced back in 2021. Basically, any road traffic accident valued at less than £5,000 should be claimed through an official injury claims portal. Just to be clear, this applies to claims below this value, even if whiplash is not on of the injuries being claimed for.

Road Traffic Accident Claims Involving Uninsured Or Untraceable Drivers

When claiming for a road traffic accident caused by a driver, the driver’s insurance company is usually responsible for covering any compensation owed. You may ask, however, what happens if the offending driver does not have any insurance? Another problem arises in hit-and-run cases. Who do you file a case against if you do not know who the offending driver is?

In both cases above, you could submit your claim with the Motor Insurers’ Bureau (the MIB). The MIB was specifically set up to ensure that all road accident victims of untraceable and uninsured can be fairly and promptly compensated.

How Long Do I Have To Make A Road Traffic Accident Claim?

Under the Limitation Act 1980, the standard time limit for starting road accident claims is 3 years. You are entitled to start a claim within this time frame whether you were a driver, cyclist, passenger, pedestrian or another type of road user during the accident.

Exceptions to the time limit can apply under a small number of circumstances. If someone under the age of 18 is injured in a car accident, then the three-year personal injury claims time limit is frozen for them. The time limit does not activate until the day the injured party reaches their 18th birthday. You can’t start a claim on your own before you are 18. You could wait until you are 18 before starting your claim, or the claim could be started before you reach this age by a representative. This representative, formally known as a litigation friend, could be someone close to you such as a parent or guardian. The time limit is also frozen if the injured party currently lacks the mental capacity to act independently.

Working With No Win No Fee Road Traffic Accident Solicitors

Hiring a personal injury solicitor can allow you to focus more on recovering from your injuries. The solicitor can also use their knowledge and experience to guide you through the legal process of claiming. For these reasons, we highly recommend hiring a solicitor who has experience in handling road traffic accident claims. We can potentially offer solicitors with such experience if you contact us for support.

If you are eligible to start a claim and choose one of our solicitors to support you, they will work with you on a No Win No Fee basis. This brings several benefits, including not needing to pay any upfront legal fees. You’ll only need to pay your solicitor’s legal fees after the case is closed and only if you have won your case and received compensation. Your No Win No Fee solicitor will take a legally-capped percentage of your compensation to cover their legal fees.

Road Traffic Accident Claims FAQs

What damages could I claim?

General damages could be claimed to cover physical injuries and psychological suffering, whereas special damages could be claimed to cover financial losses, such as loss of earnings or medical expenses.

Can I claim for anxiety after a car accident?

It may be possible for you to claim for anxiety and other mental harm under general damages.

How much compensation will I get for a car accident injury?

There’s no way of estimating the potential value of your claim without looking into it in more detail. Every claim is different so payouts can vary widely from case to case.

How are claims valued?

Claims are valued depending upon the severity of each claimant’s suffering, whether that be physical, psychological or otherwise. The more damage sustained, the higher the payout will likely be.

Do I need to get a lawyer?

There isn’t any legal requirement for claimants to have legal representation. However, a lawyer can help guide you through the legal process of claiming and improve your chances of success.

How can Legal Expert help?

You can contact our advisors online or by phone to get questions answered and other advice on road traffic accident claims. If you have strong grounds to claim, we may be able to connect you with one of our No Win No Fee solicitors. They have more than 30 years of collective experience.

Learn More About Road Traffic Accident Claims

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