Been involved in a road traffic accident?

What to Do After a Road Traffic Accident

  What you do in the hours and days after a road traffic accident can affect both your health and any claim you make later. If you can, work through the following steps:    

Get safe and get help

  At the accident scene, move to a safe place if you can and call 999 if anyone is hurt or the road is blocked. Adrenaline can hide pain, so don’t assume you’re uninjured just because you feel fine.    

Exchange details and stay at the scene

  By law, you must stop after an accident. Give your name, address and vehicle registration to anyone with a reasonable need for them, and get the same from the other driver, including their insurer if possible. If details aren’t exchanged at the scene, or someone is injured, you generally need to report the accident to the police as soon as possible and within 24 hours.    

Don’t admit fault

  It’s natural to say sorry at the scene, but avoid discussing who was to blame. Fault is decided from the evidence, and what you say in the moment can be used against you later.    

Collect evidence while it’s fresh

  If it’s safe, take photos of the vehicles, the road layout, road markings, weather conditions and your injuries. Note down witnesses’ names and contact details. Ask the police for a reference number and save any dashcam footage. Nearby CCTV is often overwritten within days, so ask businesses to preserve it quickly.    

See a medical professional

  Visit A&E, your GP or a walk-in centre as soon as you can, even if your symptoms seem minor. Some injuries, such as whiplash or soft tissue damage, can take a day or two to show. A medical record made soon after the accident also gives your claim clear evidence.    

Tell your insurer

  Most policies require you to report an accident promptly, even if it wasn’t your fault. Stick to the facts and be cautious if the other driver’s insurer contacts you directly. You don’t have to give a recorded statement or accept an early offer without advice.    

Keep records of everything

  Keep a diary of your symptoms and how the injury affects daily life and work. Keep receipts for travel to appointments, prescriptions, treatment and any other costs. Keep payslips or proof of any time off work.    

Speak to a solicitor

  The sooner you get advice, the easier it is to preserve evidence and avoid mistakes. Time limits apply, and an initial conversation can tell you whether you have a valid claim.

How Much Compensation?

Each case is different and compensation depends on the circumstances and impact of the traffic accident. Compensation falls into two categories: general damages and special damages.

General Damages

The pain and suffering that your injuries have caused are the main factors that are used to determine how much general damage compensation you are owed. This will usually be determined by undergoing a medical examination, from which a report is created that highlights the length of time the injuries will take to heal as well as their severity. Our compensation calculator will give you an indication of how much general damage compensation you might be entitled to. However, your personal injury solicitor will be able to provide an estimate regarding your claim.

Special Damages

In addition to receiving compensation for your injuries, you may be able to reclaim any financial losses that you might have suffered as a result of your injuries. Compensation for financial losses is known as special damages compensation. This can include losses such as loss of earnings due to not being able to return to work, the cost of treatment as well as travel to treatment. It is important that you keep any receipts or evidence of additional losses in order for these to be reclaimed. With the exception of children, there is a three-year time limit on making a personal injury claim. This time limit begins from the date that the accident initially occurred. Therefore, you should contact a personal injury solicitor as soon as possible to assess your case.

FAQs: Road Traffic Accident Claims

How long do I have to make a road traffic accident claim?

    In most cases you have three years from the date of the accident to start a claim. There are exceptions: children, the three years starts on their 18th birthday, and a parent or guardian can claim on their behalf before then. In addition, if someone lacks the mental capacity to claim for themselves, the time limit usually doesn’t start running while that continues. It’s best not to wait, as evidence is easier to gather when events are recent and evidence is fresh.    

Can I claim if the other driver was uninsured or didn’t stop?

    Yes. If the driver was uninsured, or you can’t identify them after a hit and run, you may be able to claim through the Motor Insurers’ Bureau (MIB), which compensates victims in these situations. Report the accident to the police as soon as possible, because the MIB’s rules for untraced drivers include reporting requirements and deadlines. The sooner you ask for advice, the better.    

How much compensation could I receive?

    It depends on your injuries and your losses. Compensation has two parts: general damages for the pain, suffering and loss of amenity caused by your injuries, and special damages for financial losses such as lost earnings, treatment costs and travel expenses. You can get an indication using our compensation calculator.    

How long does a road traffic accident claim take?

  This varies a lot: a straightforward claim where the other side accepts responsibility can be resolved in a matter of months. Claims where liability is disputed, or where injuries are serious and the long-term outlook isn’t yet clear, can take a year or more. Solicitors may often wait until your prognosis is clear before settling, so you aren’t compensated for less than your injuries are worth.    

Will I have to go to court?

  Most road traffic accident claims settle through negotiation between the solicitors and the insurers, without a court hearing. Court proceedings are usually only needed if liability or the amount of compensation can’t be agreed. Even then, many cases settle before a trial takes place.

Making Personal Injury Claims

If you have been involved in an accident with an uninsured driver, you may be eligible to claim compensation. We partner with a panel of personal injury solicitors who are experienced in road traffic accident claims. They offer a free, initial consultation to assess whether you have a valid claim, as well as No Win No Fee agreements.