Road Traffic Accident Claims

Being involved in a road traffic accident is a traumatic experience and may result in a variety of injuries, from mild bruising to serious spinal injuries. If you have been injured in a road traffic accident that was not your fault, either as a driver or as a passenger/pedestrian, you may be able to claim personal injury compensation.

The lawyers at Compensation Solicitors Online have experience in dealing with variety of road traffic accident cases. We have successfully claimed compensation for your clients for many years. Some of the cases which we have handled successfully include:

  • Accidents involving children
  • Accidents involving uninsured drivers
  • Claims for whiplash
  • Cycling accidents
  • Fatal road accidents
  • Head, brain and spinal injury claims
  • Hit and run accidents
  • Motorcycling accidents
  • Multi-vehicle accidents

Our expert team will work with you to take detailed instructions and consider all aspects of your claim and maximise its value.

We can attend you at your home, if necessary, to discuss the following key points with you:

  • Accident circumstances
  • Nature of your injuries
  • Out of pocket expenses
  • Loss of earnings
  • Funding

WHAT SHOULD YOU DO IF YOU HAVE BEEN INVOLVED IN AN ACCIDENT?

  • If you are involved in an accident you must stop and exchange name, address and insurance details with the other parties (otherwise you are breaking the law).
  • You should write a detailed account of what happened including a sketch of the location, and take photographs if possible.
  • You must ensure that you have the name and address of any witnesses.
  • You must not admit liability for the accident (even if you think it was your fault), as this can complicate matters with your motor insurer.
  • You must call your motor insurer immediately.
  • You should seek medical advice for your injuries as soon as possible. With some injuries (e.g. whiplash) the symptoms may take a few days to develop, but get medical attention as soon as you can.
  • You should keep a record of your out of pocket expenses (e.g. travel expenses, prescription charges, walking sticks, etc.) and keep any receipts.

YOUR CLAIM

An road traffic accident claim includes the following three steps:

ESTABLISHING LIABILITY (WHO WAS RESPONSIBLE FOR THE ACCIDENT):
The first step is to show who was at fault for the accident to take place and to what degree. This is not necessarily straightforward and sometimes contributory negligence may be found (the victim has contributed to some extent to the harm that s/he has suffered). However, this concept only plays a role in calculating the compensation value and does not affect the establishing of liability.

SHOWING CAUSATION (SHOWING THAT THE ACCIDENT CAUSED THE INJURY):
Once a degree of liability has been established, it must be demonstrated that the resulting injury has been caused by the accident, and not by a previous medical condition or another accident, for example.

CALCULATING THE QUANTUM (ESTABLISHING THE APPROPRIATE AMOUNT OF COMPENSATION):
The compensation in such cases will have the purpose of attempting to put the claimant in the position s/he has been in before the accident. It is our specialist solicitors’ job to liaise with medical and other experts in order to prepare a Schedule of Loss, setting out the solutions and costs to all problems which the claimant has or may have in the future, as a result of the accident.

Our expert solicitors have experience in achieving the best results in all the three steps of the process, thus ensuring that you get the best compensation which you deserve.

DAMAGES

There are two parts to any compensation claim, consisting of two types of damages:

GENERAL DAMAGES
General damages are calculated as a part of the compensation based on the type of injury and are designed to compensate for pain and suffering and the impact on the claimant’s enjoyment of life.

SPECIAL DAMAGES
Special damages are the more variable part of the compensation and depend on individual circumstances. The claimant may be able to recover:

  • Expenses relating to the cost of living with any disability;
  • Expenses to cover services provided by other people;
  • Increased accommodation costs;
  • Loss of earnings;
  • Medical expenses;
  • The cost of buying in care.

Establishing the level of special damages to be paid is a crucial part of a compensation claim. Compensation Solicitors Online have experience in compensation claims in cases of road traffic accidents.

FUNDING

There are a variety of funding options open to you. We will discuss these options with you in more detail and where appropriate represent you on a no win no fee basis (also known as a Conditional Fee Agreement).

FAQS

‘I WAS PARTLY TO BLAME FOR MY ACCIDENT. CAN I STILL CLAIM?’
Yes, but you will have a percentage deducted from your damages to reflect your own responsibility. You cannot claim if you were wholly to blame for your accident.

‘CAN I CLAIM AGAINST MY HUSBAND/WIFE/FAMILY MEMBER?’
Yes, but you are not claiming from them personally, but rather from their motor insurer.

‘THE OTHER DRIVER WAS UNINSURED/FLED THE SCENE OF THE ACCIDENT. CAN I STILL CLAIM?’
Yes, you can bring a claim through the Motor Insurers’ Bureau under either their Uninsured Drivers or Untraced Drivers Agreements.

‘CAN I CLAIM AGAINST A PEDESTRIAN OR A CYCLIST?’
Yes, as most individuals are afforded legal representation as part of their home/building contents insurance.

‘I HAD AN ACCIDENT WHILST DRIVING ABROAD, DO I HAVE TO CLAIM IN THAT COUNTRY?’

EUROPE
No, you can bring your claim here in the UK courts. A UK representative of the foreign insurer will handle your claim and it will proceed just like any other road traffic accident.

WORLDWIDE (NON-EUROPE)
Possibly. Depending on the country, you might be able to bring your claim in the UK, although you may also need the services of in-country legal assistance if the claim is issued at court.

MAKE A CLAIM

If you would like to speak directly to one of our team you can either call us on 0208 203 4999 or send us your enquiry and we will give you a call back to discuss your claim within 1 business day.

USEFUL LINKS

Brake: the road safety charity
Citizens Advice Bureau: Traffic accidents
Department for Transport
Direct Gov
Motor Insurers’ Bureau
Parliamentary Advisory Council for Transport Safety
Road accidents and safety statistics
Road Peace
The DVLA’s Vehicle online service
Vehicle Insurance Guide

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