Making A Road Traffic Accident Compensation Claim
If you have suffered an injury as a result of a road traffic accident (RTA), then you could be entitled to compensation.
Road traffic accidents can have a huge impact on the lives of those involved and leave victims in both physical and psychological pain, trying to recover from their accident and in some cases having to deal with permanent, long term or life changing injuries.
Road traffic accident claims can vary depending on the cause and circumstances of the incident and the injuries that happened as a result of it. If you are unsure of how to proceed or what to do next, then Sarah Waddington Solicitors are here to provide professional road traffic accident claims advice.
Simply get in touch or call – 01924 601 111 to arrange a free, no obligation initial consultation to discuss your case and our expert team will happily answer any questions you may have.
Types Of Road Traffic Accidents
A road traffic accident is deemed to be any form of crash or damaging road incident that occurs when a vehicle collides with another vehicle, pedestrian, animal or stationary obstructions such as trees, buildings or poles.
There are a number of different ways in which accidents occur on the road including;
- Motorway incidents
- Head on collisions
- Accidents involving motorbikes
- Passenger claims
- Pedestrian accidents
- Cyclist accidents
- Bus or coach transportation
- Public transport
The person or party that can be held liable for the compensation will depend on the circumstances surrounding it and who was at fault or the cause of the accident, such as;
Another Driver – The motorist responsible will be the one who the claim is actioned against and if successful then their insurer will pay the compensation.
Road Conditions – If poorly maintained roads were the cause of your incident then a claim could potentially be made against the relevant body such as the local authority or Highways England.
An Uninsured Driver – Just because the person at fault didn’t have insurance doesn’t mean that you can’t claim, you may still be able to via the Motor Insurers Bureau (MIB) who covers these types of accidents.
An Unknown Driver – If you were injured in a hit and run incident and the person responsible has not been identified then not to worry, the MIB can also pay out compensation for unknown driver accidents too.
Our team of road traffic accident solicitors have a wealth of knowledge in this area and will be able to quickly determine whether you have a valid claim and will be on hand every step of the way to ensure that you get the best support and legal representation you need.
How Much Compensation Could I Be Entitled To?
Road traffic injury claims are all unique and generally aim to help you recover compensation for your injuries and for a variety of expenses which may be incurred during recovery or rehabilitation.
The amount that victims are entitled to for road traffic accident compensation claims will depend on the nature and severity of the injuries and any additional physical, mental or financial impact including;
- Personal injury – whiplash, broken bones and more serious injuries
- Loss of earnings from time off
- Future lost income or negative effects on job prospects
- Being unable to work at all
- Adaptations needing to be made to your home or vehicle as a result of your injuries
- Medical, specialist and additional treatment costs not available on the NHS
- Travel costs from travelling for hospital, doctors and treatment appointments
- Mental or emotional trauma / pain and suffering / PTSD
What Does The Claims Process Entail?
For those looking to pursue road traffic accident injury claims we offer a free, no obligation consultation in which we will talk through the basis of your case, taking on board relevant details and information to help us ascertain whether you have grounds for compensation.
Once our solicitors have agreed to take on your road accident personal injury claim, we will gather detailed information on the incident in question to determine the specifics of the incident.
This can include your recollection of the events and evidence such as medical reports, photographs, video footage, eye witness statements, proof of lost earnings, medical invoices and receipts.
We will establish who is responsible for your injuries and aim to get an admission of fault from that party. Usually, the compensation amount you receive will be agreed with your opponent. However, when this is not possible, or an agreement cannot be made, we will take your case to court and continue to support you every step of the way.
How Soon Should You Make A Claim?
The limitation date for road traffic accidents, like personal injury claims is 3 years. Meaning if your road traffic accident was in the last three years from today’s date you can make a claim. However, there are many benefits of contacting your chosen law firm as soon as possible. For example, the accident investigation can take several months, and the memories of the incidents are much fresher in the minds of you and any witnesses to the accident.
Exceptions to the three-year limitation date:
- Mental Capacity – if a friend or relative lacks the mental capacity to make a claim themselves, you care able to make a claim on their behalf and there is no limitation date in this instance.
- Children – where a child is concerned, you can make an RTA claim at any point up until they are 18 years old, at which point your child can make a claim up until they turn 21.
Criminal Injuries – injuries sustained as a result of a deliberate act can be made through the Criminal Injury Compensation Authority. In this instance, a limitation of two years would apply from the date of the incident
Why Choose Sarah Waddington Solicitors?
At Sarah Waddington solicitors we have a dedicated team of knowledgeable personal injury solicitors who are on hand to help with your case and will work hard to get you the compensation you deserve.
We have experience dealing with a variety of road traffic accident personal injury claims that have included: whiplash accident claims, young driver accident claims, passenger accident claims and taxi accident claims.
We will also seek to recover the maximum possible compensation for you, your injuries and your personal circumstances. As an SRA regulated firm of Solicitors, we will fight on your behalf no matter who we are up against and are capable of taking on multi-million-pound companies and their extensive legal teams and winning. We have seen in some of the most serious cases compensation of over one million pounds be awarded.
How soon should you make a claim?
The limitation date for road traffic accidents, like personal injury claims is 3 years. Meaning if your road traffic accident was in the last three years from today’s date you can make a claim. However, there are many benefits of contacting your chosen law firm as soon as possible. For example, the accident investigation can take several months, and the memories of the incidents are much fresher in the minds of you and any witnesses to the accident.
Exceptions to the three-year limitation date:
- Mental Capacity – if a friend or relative lacks the mental capacity to make a claim themselves, you care able to make a claim on their behalf and there is no limitation date in this instance.
- Children – where a child is concerned, you can make an RTA claim at any point up until they are 18 years old, at which point your child can make a claim up until they turn 21.
- Criminal Injuries – injuries sustained as a result of a deliberate act can be made through the Criminal Injury Compensation Authority. In this instance, a limitation of two years would apply from the date of the incident.
Will I Need To Have A Medical Examination?
As part of the road traffic accident claims process, we will arrange for you to have a medical examination which will help us to determine the extent and impact of your injuries and work out how much compensation you deserve.
It is important you seek your own medical assistance as early as possible, as this will not only ensure you receive any treatment you need, but also will be useful as extra medical evidence which could support your case.
Remember, even if you think you only have minor injuries, these injuries could be more serious than first imagined so it is always important to consult a doctor as soon as possible.
Will I Have To Go To Court?
When pursuing any type of claim, you should always be prepared that your case could end up going to court. However, at Sarah Waddington solicitors we will always try to establish who was responsible for the road traffic accident and pursue an admission of liability from that person. If this is successful, your case can be settled outside of court meaning that there is no need to issue court proceedings. The majority of claims we look after are successfully settled this way.
If your case does need to go to court, we will be with you every step of the way providing support and guidance as well as court advice and tips to help prepare you for what to expect.
What details will we need from you?
The following information will initially be used to establish if you have a valid claim. This will also allow our team of experts to work out how much compensation you might be entitled to. Don’t worry if you don’t have all of this information to hand when you first speak to us as this can be provided at a later date.
- Accident date and location
- How the accident occurred
- Contact details of any witnesses
- Injuries suffered and any medical reports you have already obtained
- Third party details such as name, registration and insurance details
- Proof of any expenses or loss of earnings you may have encountered
- Any other supporting evidence that you think could help in your claim for example, photographs of the scene.
To book a free consultation or if you have any further questions about our road traffic accident legal advice then please do not hesitate to get in touch and one of our friendly advisors will be happy to assist you.