Road Traffic Accident Compensation Claims
Specialists in personal injury claims, helping people gain compensation for car and road accident injuries.
Personal Injury Claims for Road Accidents
If you have been injured in a road traffic accident either as a driver, passenger, motorcyclist, cyclist or pedestrian, you may be eligible to make a claim for compensation.
We specialise in personal injury law, enabling us to offer a high level of service and expertise to our clients as we handle each case individually and with care.
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20+ years experience supporting personal injury claims
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Who Can Claim?
Following a car accident, one or more parties may wish to make a claim for compensation for the injuries they have suffered.
If you have been injured in an accident that was not, or only partially, your fault, you are legally entitled to make a compensation claim.
The most common injury claim is for whiplash-type injuries to the neck and back. However, road traffic accidents result in all kinds of injuries including broken bones and fractures, brain damage, facial scarring, and psychological trauma.
How Long After a Traffic Accident Can You Claim?
A claim must be made within three years of the date of the accident except in the case of children where a claim can be brought by the child in their own right upon reaching their 18th birthday, provided the claim is brought within 3 years of their 18th birthday.
If the child is under 18 years of age at the date of the accident, a parent/guardian may bring a claim on their behalf, and upon successful conclusion, any award of compensation must be approved by the Court and paid into a Court Fund. Any award of compensation together with accrued interest will be paid out by the Court to the child on reaching their 18th birthday.
How To Claim For a Road Traffic Accident
Making a claim
The first step in making a claim for compensation is for your insurance company to decide who is at fault. You can only make a claim if the accident was not your fault.
If you are found liable you will have to pay for the cost of repairing your own vehicle and any other expenses while your insurance company should cover the cost of the other party’s damages.
Evidence is key. It is important to keep:
- photographs taken at the scene of the accident
- photographs of your injuries
- a record/diary of events following your accident
- details of medical appointments, expenses incurred, etc.
Claiming Against Uninsured or Untraced Drivers
Motor Insurers Bureau
The Motor Insurers Bureau (MIB) is a government backed organisation to compensate victims of untraced and uninsured drivers, and foreign-registered vehicles. The MIB will consider claims for personal injury and associated financial losses.
The MIB can no longer considers claims relating to accidents abroad.
Reporting your accident
To claim through the MIG you must report your accident to the police as soon as is reasonably practicable. We recommend you do so within 14 days of your accident.
Types of Claims the MIB will consider:
- Cars and vans
- Bicycles
- Motorbikes
- HGV wagons
- Pedestrians hit by an uninsured or untraced driver
- Passengers and drivers
Uninsured Driver Claims
Time Limits for Claiming
You have 3 years from the date of your accident to make a claim.
Making a Claim
The MIB will make enquiries into the circumstances surrounding your accident and will investigate whether the vehicle and / or driver responsible for your accident had any insurance cover on their vehicle. On occasion the MIB will establish that the vehicle itself had a valid policy of insurance but the driver was not insured to drive the vehicle that caused the collision. If the MIB establish that the vehicle that hit you had a valid policy of insurance they may suggest that the relevant insurer deals with your claim.
It is important to keep as many details as possible about your accident including weather conditions, time of accident, witness details, etc.
Following the filing of a claim, the MIB will consider the evidence available and will make a decision on whether they are going to deal with your claim.
If the MIB agree to deal with your claim under the Uninsured Drivers Agreement Scheme, we will arrange to have you medically examined by a medico – legal expert who is fully accredited to prepare medical reports for personal injury claims.
Untraced Driver Claims
Time Limits for Claiming
You have 2 years from the date of your accident to lodge a claim with the MIB.
Making a claim
If the MIB agree to deal with your claim under the Untraced Drivers Agreement Scheme, they will arrange a medical appointment on your behalf to see a medico – legal expert.
The MIB will also write to the police for a copy of the police report.
Following review of all of the evidence available, the MIB will make a decision as to whether they are prepared to deal with your claim and award you compensation for your injuries and financial losses.
Compensation for Injuries Caused By Uninsured or Untraced Drivers
The level of compensation awarded will be determined by the medical evidence obtained in your case, evidence available to support a claim for loss of earnings and any other evidence you may have to support your accident – related financial losses. The medical evidence obtained in your case will confirm the nature and extent of your injuries and the medical expert will provide an opinion and prognosis for your future recovery.
If the MIB have agreed to deal with your claim, following receipt of medical evidence and evidence in support of your financial losses, they will make an Offer in settlement to you. We will advise you upon the suitability or otherwise of the Offer received. If we are of the view that the Offer is too low, we will recommend seeking an increased Offer to accurately reflect your losses.
What our personal injury clients say about our results
How Negligence Impacts Compensation
Negligence is a term used frequently in accident claims. To prove negligence, you need to show the other driver was responsible for the accident. Contributory negligence is commonly pleaded as a defence. Examples include failing to wear a seat belt or helmet. If you were not wearing a seat belt or a helmet and, for example, you suffered significant head or facial injuries that may have been prevented had you been wearing a seat belt or helmet, then even though the accident was not your fault, the overall value of your claim will be reduced to reflect the element of contributory negligence on your part.
How Much Compensation Could I Receive?
Compensation for Passengers and Drivers
Passengers, as well as drivers, can make a claim for compensation if they have been involved in a vehicle accident through no fault of their own. This includes being a passenger on public transport or being a passenger in a vehicle whose driver was at fault.
If you were involved in an accident on or after the 31st May 2021, and suffered whiplash injuries the value of your injury claim will fall to be considered under the new Personal Injury Tariff where the government have set down a fixed tariff of compensation for whiplash injuries
Compensation for Motorcyclists, Cyclists, Pedestrians and Children
Compensation awarded to motorcyclists, cyclists, pedestrians and children is not subject to the new fixed tariff of compensation for whiplash injuries.
Accident Compensation is split into two parts:
General Damages
Compensation awarded for pain, suffering, and loss of amenity. Loss of amenity means the inability to complete activities following an accident.
Special Damages
Compensation awarded to cover the financial losses and expenses incurred as a result of an accident. The aim is to put you back in the financial position you would have been in before your accident. Special Damages can include a claim for past and future loss of earnings, medical / treatment expenses, travel expenses, broken and / or damaged personal belongings, etc
Make a Road Traffic Accident Injury Claim
New Whiplash Claim Rules
In recent years the government has changed the way whiplash injury claims are dealt with for drivers and passengers.
If you have been involved in a non – fault road traffic accident as a driver or a passenger on or after the 31st May 2021 your claim will be subject to the new Whiplash Reforms if you have:
- a driver or passenger over age 18
- suffered whiplash injuries to your neck and back
- may have also suffered minor psychological trauma (such as travel anxiety)
- the value of your personal injury claim is likely to be worth less than £5,000
- the total claim for all losses related to your accident (loss of earnings, damage to your vehicle, medical treatment expenses, etc.) is likely no more than £10,000
Whiplash Claims For Drivers and Adult Passengers
Under the new reforms, the government now considers these types of claims as minor injuries. As a result, solicitors are no longer able to recover legal fees from the losing party when representing these drivers and passengers.
If you believe you may be eligible for compensation under the above criteria, we recommend you visit the government’s new Official Injury Claims Portal. This is a free and independent service with an online portal that will guide you through the claim process. This includes making your road traffic accident claim, securing a medical report and awarding you compensation for your injuries.
Whiplash For Motorcyclists, Cyclists, Pedestrians and Children
If you are under the age of 18 years or were injured as a pedestrian, cyclist or motorcyclist, then your claim is not subject to the new rules. Your solicitor can represent you and recover your legal costs from the losing party upon successful conclusion of your claim.
Why Should You Instruct a Personal Injury Solicitor?
A solicitor will be able to advise you and help you claim the maximum amount of compensation for your injuries and losses.
The Judicial College issues “Guidelines for the Assessment of General Damages in Personal Injury Cases” for solicitors and the Court to assist in the assessment of General Damages, which is used to determine the value of a personal injury claim.
A solicitor and the Court will also consider the level of past awards for similar injuries in determining how much compensation you should receive for your injuries and financial losses.
RG Jones: Specialist Personal Injury Solicitors
ROSALEEN JONES: MANAGING DIRECTOR
Rosaleen Jones has over 20 years experience as a personal injury solicitor. She provides ‘No Win, No Fee’ personal injury claim services for clients across England and Wales. Her expertise in personal injury law is combined with her dedication to create a unique approach to every client and every case.
At RG Jones, we are committed to securing the maximum compensation for your injuries, as well as helping you through the legal process. Our aim is to make sure that you are always knowledgeable about your case, and that you experience as little stress as possible.
Start Your Road Traffic Accident Claim
Personal Injury Claims Information & Advice
