Claiming for a Road Traffic Accident

As the number of cars on the road increases, the number of accidents also sadly increases.

It’s not just car drivers that can be involved in accidents. Passengers, pedestrians, cyclists and motorcyclists are all at risk when using the roads.

Accidents can result in serious consequences. For example: 

• Loss of earnings due to having to take time off work or being unable to work completely or being unable to work in their previous profession
• Loss of function or ability
• High medical bills, particularly if a certain treatment is not provided by the NHS
• Pain and suffering
• Emotional trauma

When you are the victim of an accident that wasn’t your fault, it is your right to be able to make an accident claim. While it may seem complicated to make a legal claim, it is often actually a very straightforward process. 

The First Step

The first step in making a road traffic accident claim is to contact a personal injury solicitor so that they can answer any questions and assess your case.

Expert Legal Advice

To make a claim, you don’t have to know every aspect of the law but it can be useful to consult someone who is a specialist within personal injury. Solicitors can provide you with guidance and information about each step of the legal process so that you are fully aware of your rights and entitlements. Solicitors will explain your rights to you in detail to ensure that you make the best decision possible for your specific case. Once you have spoken about the details of what happened, your lawyer will be able to tell you if you have a valid claim or not. In the case that they think you have a valid claim for compensation, they will advise you on what step to take next.

Medical Examination

An independent medical examination will be required when filling for a road traffic accident claim. Once the examination is completed, a medical report will be prepared. This report will make up a vital component of your case, as it will be used as evidence to factually highlight the extent of your injuries as well as the fact that these injuries were a direct result of your accident. It is important to remember that road traffic accident claims are more likely to be successful if there is a medical report. Therefore, you should always be examined by a doctor after you’ve been involved in a car accident, even if you feel fine at the time of the accident.

High Legal Costs

People often avoid making a road traffic accident claim due to the potentially high legal costs involved in making a claim. However, many firms offer their services on a ‘no win, no fee’ basis. This means that you enter into a legal agreement where you will not have to pay any legal fees if your claim is not successful. First Personal Injury is one of those firms. Therefore, you should not let the fear of a financial burden stop you from making a claim. It is your right to receive compensation if deserved. 

There is usually a three-year time limit for making a personal injury claim, beginning on the date of your accident, so you should contact a personal injury solicitor as soon as possible to process your case. The amount of compensation you are likely to be owed will be assessed upon the severity of your injuries and any additional costs that have been incurred, such as a loss of income, due to your accident. To find out more about compensation amounts for certain injuries, consult our compensation calculator.

Keep Records

It is important to keep records of any details about the accident. Everything from the date, time, location, photographs highlighting the accident scene, details of witnesses and medical records must be documented and recorded. It is important to note down any relevant details as soon as possible immediately following an accident so that the information is as factual as possible. Any evidence of debris that can be found at the scene, such as damage to a car, should be photographed and collected. Similarly, if there is physical damage to the body of the car or if you have physical injuries it can be a good idea to take photographs of both as soon as possible. The strength of your case is based upon the amount of evidence that you have. 

Settlement of a Claim

Many road traffic accident claims are settled out of court. This is because it prevents victims from having to worry about lengthily and stressful court sessions. Still, it is best to follow the advice of your solicitor if they suggest that you should go to court. In the case that your solicitor believes it is best to proceed with a court case, you should take comfort in the fact that they have come to this conclusion with your best interests in mind. Don’t worry about appearing in court as your lawyer will be with you every step of the way and will take the emphasis of arguing your case away from you. 

Making Personal Injury Claims

To learn more or to start your claim, get in touch with our expert team on 0333 358 2345 or contact us online.