Road Traffic Accident Claims

Road Traffic Accident Claims

If you have been injured in a road traffic accident where someone else was wholly or partly to blame, you may be owed compensation.

Being injured in a road traffic accident can cause serious problems, both for your health and your ability to carry on your life as normal. It can also leave you with real financial difficulties, especially if you are unable to work.

Where the accident was someone else’s fault, the good news is you may be able to claim compensation. While this can’t undo the harm you have suffered, it can help you make sure you get the best possible care for your recovery, as well as taking off any financial pressure you are experiencing.

Get expert help to make a road traffic accident claim

WSP Solicitors expert Personal Injury Claims team are highly experienced in pursing road traffic accident claims for a wide range of clients. We can help you find out if you may be owed compensation, then take decisive action to get you the money you are owed.

Your claim will be run by one of our qualified personal injury lawyers, Demelza PallantLisa Walton or John Davies. They each have over 10 years’ experience in the industry, so you are guaranteed to get someone working for you who is qualified and able to provide you with the very best legal advice.

We have a strong track record of success, regularly securing substantial road accident compensation for our clients. With accreditation from APIL – The Association of Personal Injury Lawyers, you can be assured we have the expertise to handle your claim effectively.

Take advantage of our no win no fee road traffic accident claim funding

We offer no win, no fee funding for road traffic accident claims, so there is no upfront cost or financial risk to you when pursuing a claim with WSP Solicitors.

Alternative funding options, such as trade union funding (for accidents when driving for work) and legal expenses insurance may also be available depending on your situation.

Find out more about funding your personal injury claim.

Have a free initial consultation with our road traffic accident solicitors

We know that the thought of taking legal action can be intimidating and confusing, especially when dealing with the consequences of an injury. That’s why we offer a free initial consultation with our team, so you can ask any questions you may have and find out if you may be able to claim before deciding whether to take action.

Request a free initial consultation with our road traffic accident lawyers using our simple enquiry form.

Looking for a quick answer to a road traffic accident question?

Take a look at our personal injury claims FAQs or feel free to ask us what you want to know and we’ll get back to you promptly.

Confused by any terminology you’ve heard? Check out our personal injury claims jargon guide for clear explanations of all the key terms.

Book your free consultation with our expert road traffic accident solicitors

To book your free initial consultation with our road traffic accident claims team, please contact your local WSP Solicitors office in Gloucester, Stroud or Dursley, or use our simple enquiry form and we’ll get back to you promptly.

Types of road traffic accident claims we can assist with

Our expert road traffic accident lawyers can advise on all types of claims, including:

  • Car accident claims
  • Motorbike accident claims
  • Cycling accident claims
  • Pedestrian injury claims
  • Motorway accident claims
  • HGV accident claims
  • Fatal road accident claims
  • Whiplash claims
  • Passenger injury claims
  • Taxi accident claims
  • Bus accident claims
  • Overseas driving accident claims

To find out more about our specific expertise in the type of claim you need assistance with, please get in touch.

How road traffic accident claims work

Finding out if you are owed road traffic accident compensation

Being injured in a road traffic accident doesn’t automatically entitle you to compensation – we need to be able to prove that someone else was wholly or partly responsible for the accident.

In your free initial consultation with our road traffic accident solicitors, we will discuss the circumstances surrounding the accident with you and advise on whether we think you may be owed compensation. Where we believe your claim has merit, we can then collect all of the necessary evidence to support your claim.

Gathering evidence to support your road accident claim

Our road traffic accident lawyers will rely on various types of evidence to support your claim, including:

  • Your testimony about what happened
  • Testimony from other eyewitnesses (such as passengers, bystanders, police officers)
  • Examination by independent medical experts to confirm the nature and extent of your injuries
  • CCTV footage and any other documentary evidence of the accident

By making sure all necessary evidence is brought together and presented the right way, we can make your case as strong as possible, giving you the best chance of a quick resolution to your claim.

Working out how much road traffic accident compensation you can claim

Wanting to know how much compensation you are entitled to is an understandable concern. We will be happy to give an initial estimate of the likely damages available during your initial consultation.

Once we take on your claim, we will then carry out the process of more precisely valuing your claim, which is known as ‘assessing quantum of damages’ or ‘assessing quantum’.

The damages for road traffic accident injuries fall into two categories:

General damages – For non-financial losses, such as pain and suffering, losing the ability to carry out normal activities (known as ‘loss of amenity’) and reduced quality of life.

Special damages – For specific financial loses, such as medical fees, rehabilitation costs, care fees, lost income and reduced future earning capacity.

For more information on what you can claim for a road traffic accident, please take a look at our personal injury claims FAQs.

Using the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents

For road traffic accident claims valued between £1,000 and £25,000 where the defendant accepts liability, it may be possible to deal with the claim through the Ministry of Justice’s Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents.

The Pre-Action Protocol is designed to streamline the claims process and avoid the need for court proceedings, making the claims process faster and less costly. It can allow claims to be resolved in a matter of months as it sets strict deadlines for different parts of the process.

Our road traffic accident lawyers are experienced in using the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, so can advise on whether it is applicable to your claim and, if it is, we can smoothly take you through the whole process.

Seeking an out-of-court settlement for your road traffic accident claim

Even if a claim does not fall within the scope of the Pre-Action Protocol, our team can usually secure a settlement out of court. This allows us to get maximum compensation for our clients as quickly as possible, while keeping the legal costs and stress involved to a minimum.

Taking a road accident claim to court

If the defendant does not accept liability or a suitable settlement cannot be agreed voluntarily, court proceedings may be needed to get you the compensation you deserve.

Should this be the case, we will work closely with you to build the strongest possible case and provide personal support for what we know can seem a worrying process. Should a hearing be necessary, we will make sure you have expert representation, so you can be confident your claim is given the best chance of success.

Common questions about road traffic accident claims

Is there a time limit for road traffic accident claims?

You normally have three years to claim for a road traffic accident, with this time limit usually being counted from the date of your accident.

There are circumstances where you may have longer to claim, including:

  • Where you only discover you were injured and/or that someone else was to blame at a later date
  • You were under 18 at the time the road traffic accident occurred
  • You need to claim for someone who does not have the mental capacity to claim themselves (e.g. due to a brain injury)
  • You need to claim on behalf of someone who died in a fatal road traffic accident

For a more in-depth explanation of personal injury claim time limits and the various exceptions, please take a look at our personal injury claims FAQs.

Can I claim compensation for a road traffic accident that was partly my fault?

Yes, even if the accident was partly your fault, you should still be able to claim if someone else was also partly to blame. However, if you share the blame for a road accident in which you were injured, this will reduce the amount of damages to which you are entitled.

The compensation you can get will reflect the proportion of the blame the other party is considered to have e.g. if they are deemed to have been 50% to blame and you were 50% to blame, you would only be able to receive half of the full damages you would be been entitled to if you were blameless.

For a more in-depth explanation of claiming compensation where you were partially at fault, please take a look at our personal injury claims FAQs.

Can I claim road traffic accident compensation for a hit and run?

Yes, if you were injured in a hit and run road traffic accident, you can normally make a claim through the Motor Insurers’ Bureau (MIB), which operates an Untraced Drivers Agreement to award compensation for victims of hit and run accidents.

Our road traffic accident lawyers can advise you on whether you are eligible to claim under the MIB’s Untraced Drivers Agreement and assist you in making your application.

Can I claim compensation from an uninsured driver?

Yes, you can claim under the Motor Insurers’ Bureau’s Uninsured Drivers Agreement, which exists to provide compensation for those harmed by an uninsured driver.

Our road traffic accident lawyers can help you find out if you are able to claim under the MIB’s Uninsured Drivers Agreement. If you are, then we can guide you through the entire claims process.

How long does a road traffic accident claim take?

This will depend on the circumstances, including whether the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents can be used. In some cases, road traffic accident claims can be resolved in a matter of months, but in other cases it can take upwards of two years, particularly if the defendant disputes their liability.

If you are in immediate need of funds to cover medical costs, replace lost income or meet other essential costs, we may be able to secure interim payments while your claim is still ongoing if the defendant is willing to accept liability.

Can I claim compensation for someone who died in a road accident?

Yes, you can normally make a claim for a fatal road traffic accident if the person you died was someone upon whom you were dependent. There is usually a three-year time limit to make such claims from the date of death.

Fatal road traffic accident compensation can cover costs such as:

  • Funeral costs
  • Medical expenses
  • Loss of the deceased’s income
  • Loss of financial benefits (such as pension income)
  • Loss of non-financial benefits (e.g. if the deceased was your carer)

Find out more about making a fatal accident claim.

Will claiming road traffic accident compensation affect my means-tested benefits?

Since receiving road traffic accident compensation will change your financial position (potentially quite significantly), this could affect your right to means-tested benefits.

 

This issue can usually be sidestepped, however, by placing the compensation into a Personal Injury Trust. This ring-fences the funds, so you can use them as you need to, but they will not be counted for benefits means-testing.

 

Setting up a Personal Injury Trust is something our expert trust lawyers can assist with.

 

Didn’t find the answer you were looking for?

 

Take a look at our personal injury claims FAQs or feel free to ask us what you want to know and we’ll get back to you promptly.

 

Book your free consultation with our expert road traffic accident solicitors

 

To book your free initial consultation with our road traffic accident claims team, please contact your local WSP Solicitors office in Gloucester, Stroud or Dursley, or use our simple enquiry form and we’ll get back to you promptly.

After The Event Policy ‘ATE’: After the Event Insurance is an insurance policy taken out when you sign the No Win No Fee Agreement. It protects you throughout the claim from being responsible for any payments if the claim is not successful.

Causation: Establishing the link between negligence/breaches of statutory duty and the injury/illness suffered.

Liability: Legal responsibility for acts or omissions.

Negligence: Failing to use the appropriate level of care and competence required in the circumstances. A negligent act or omission may result in somebody sustaining an injury.

No Win No Fee (CFA): No Win No Fee Agreements (also referred to as Conditional Fee Agreements) mean that solicitors take no payment for their work unless they win the case. If your claim is not successful, then you may be liable for the other party’s legal costs, but your ATE policy will provide insurance to cover that eventuality. If you win the case, you will receive compensation and the majority of your legal costs will be recoverable from the other side.

Occupational Illness: Diseases or medical conditions which arise as a result of exposure at work to substances such as asbestos.

Quantum: The value of your claim.

Schedule of Loss: A document which sets out the financial losses sustained as a direct result of suffering injury or disease e.g. loss of earnings, travelling expenses, cost of care.

Success Fee: The fee we charge which is based upon the amount of time we spend working on your claim. It cannot exceed 25% of the damages you are awarded.


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    We can help with...
    • Recovering lost income
    • Arranging treatment and its funding
    • Arranging funding of any private operations
    • Obtaining early payment of part of your settlement
    • Rehabilitation
    • Updating your Will