Making a Claim after a Road Traffic Accident
A Guide to Compensation
Find out how much your personal injury claim may be worth
Car accidents are extremely common and injuries arising as a result of a road traffic accident can be severe and cause serious disruption to a person’s life and well being. The idea of making a claim after a road traffic accident may be daunting for some, especially those who have never made a claim for personal injury before, and for those who are unaware of the processes involved in claiming compensation.
Beacon Law’s friendly and professional staff will always talk you through the process of making a claim before you decide to proceed with your car accident claim, and we will provide you with all the legal advice you require throughout your case. We have outlined some useful information below on the process of making a claim after a road traffic accident to assist you in making your decision on making a road traffic accident claim.
Immediately After the Accident
Not everyone knows exactly what they should do after they have been involved in an accident. You should never dive away from an accident scene, even if you were not to blame for the accident. Always stop and get out of your car following an accident and swap details with the other driver.
You should note the registration number of the other cars involved and take photographs of all vehicles involved. Make sure you note the exact location and date of the accident and obtain witness statements if possible.
You should attend your G.P. or hospital to have your injuries assessed and treated. Keep receipts for any treatment, parking, or travel expenses to and from your appointments. Contact your insurance companies to make them aware of the accident and any damage to your vehicle. If you pay for any repairs to your vehicle following the accident, make sure you keep all receipts and invoices for this.
If you were involved in a hit and run accident, or by an uninsured driver, you should contact the police to inform them of the accident.
Making a Claim after a Road Traffic Accident
The process of making a claim following a road traffic accident is pretty straightforward for the vast majority of cases. There are; however, cases which are more complicated and require additional evidence, thus making the claim take longer to settle.
The first step in making a claim after a road traffic accident is for you to contact us to start your claim. We will have a telephone call in which we will discuss the circumstances of the accident, the severity of your injuries suffered and the damage to your vehicle.
We will also provide you with all the information required for you to make a decision on whether or not you wish to make a personal injury claim. For claimants who are under the age of 18 or those who lack mental capacity to make a claim, a litigation friend will be required to act on their behalf.
Road Traffic Accidents – The Claim Process
Following a telephone discussion, we will send you some paperwork to fill in prior to starting your claim. We may also require photographs and witness statements to be able to bring a claim against the other driver. When we have all the information we need, we will send a Claims Notification Form to the other driver, or their insurance company (Defendant), listing the allegations of the claim.
The next step for us is to establish liability with the Defendant. In some cases, this will be straightforward and the other side will admit liability. There are some cases where a Court Hearing will be required to establish liability and you may be required to attend Court; however, we will always provide you with all the information you need if this were to happen.
As soon as liability has been established, we can proceed to settle your claim. The amount of compensation you receive will be largely based on your pain, suffering and loss of amenity, therefore, to understand the extent of your injuries, we may need to obtain your medical records and/or arrange a medical examination to have the extent of your injuries assessed.
We will then negotiate a settlement of your claim based on our valuation of your claim.
Valuing Your Road Traffic Accident Claim
The amount of compensation awarded for your pain, suffering and loss of amenity in a personal injury claim will vary depending on the severity of your injuries. Levels of compensation awarded for non-serious injuries which recover quickly will be lower than those for the most serious, long-lasting/permanent injuries, which will attract higher levels of compensation.
There are many law firms providing compensation calculators online; however, these may not always be correct and may give unrealistic expectations as to how much an injured person’s claim is worth. Each claim will be different, and the level of compensation awarded will vary based on a range of different factors.
When making a valuation of your injuries, we use recent case law, as well as guidelines set out by the Judicial College. We will then negotiate a settlement with the other side to ensure you receive the correct level of compensation for your injuries.
As well as your general damages (compensation for your injuries), you will be able to claim Special damages. Special damages refer to any additional losses. These losses may include:
- Costs of repairs for damage to your vehicle.
- Loss of Earnings if you have had to take time off work as a result of your injuries.
- Medical Expenses for any treatment received as a result of the accident.
- Costs of care and assistance if you needed help around the home due to your injuries.
- Travel expenses for any costs incurred travelling to and from appointments relating to the case or accident.
It would help if you kept all receipts and invoices for your additional losses as these will be required to prove your losses.
Time Limits for Making a Claim after a Road Traffic Accident
There is a three-year time limit for all Road Traffic Accident, Employers Liability and Occupiers/Public Liability personal injury claims. Your claim will become statute-barred, and you will lose the entitlement to make a claim for compensation if you do not conclude your claim within three years of the accident date (or from the date on which you became aware that your injury was caused by the Road Traffic Accident)
We would recommend starting your claim as soon as possible as the deadline relates to the settlement of the case, not the initiation of the case. If the case takes longer than expected to settle, the Court may allow for an extension past the three-year deadline.
For Claimants under the age of 18, the clock will not start until they have reached this age and they will have until their 21st birthday to conclude their case.
Claiming Against an Uninsured or Untraceable Driver
If you have been involved in an accident with a hit and run driver, or an uninsured driver, you will still be able to make a claim for compensation. The claims process will be similar, however, it will go through the Motor Insurance Bureau.
Beacon Law will still be able to provide you with assistance when making this type of claim, although the process will be slightly different. To find out more, have a look at the Uninsured and Untraceable Drivers section on our website, or give us a call to discuss your accident in more detail.
Why Choose Beacon Law to help You Make a Claim after a Road Traffic Accident
Beacon Law are specialist, professional Personal Injury and Road Traffic Accident Solicitors with a wealth of experience in dealing with all types of Road Traffic Accident Claims. We can provide you with specialist legal advice on making a claim and guide you through the process, whilst negotiating the best settlement for your accident and injuries.
Our specialist personal injury solicitors are highly experienced in handling road traffic claims. We have recovered substantial damages for client’s injured on the road. To find out more about making a claim after a road traffic accident on a no-win, no fee basis, take a look at the funding section on our website.
For a free, no-obligation assessment of your claim call one of our specialist personal injury lawyers today on 0330 1332 857 or complete our online enquiry form and one of our experts will call you back.
Beacon Law is authorised and regulated by the Solicitors Regulation Authority with our registered office in Cheadle, Greater Manchester.