Road traffic accident claims

Make a road traffic accident claim

Many thousands of people are injured on the roads each year and could be eligible for a road traffic accident claim.  We help injured people recover the maximum possible compensation they are entitled to, and we support them on their rehabilitation so they can begin to get their lives back in order.

To find out if you have a valid road traffic accident claim, call our friendly New Client Team for a free no obligation chat and they’ll let you know in minutes whether we can get you the compensation you deserve.

How to claim road traffic accident compensation

Claiming compensation if you’ve been injured in a road traffic accident is a simple process with Express Solicitors, as we’re leading experts in personal injury road accident claims.

We’ve made claiming quick and easy so all you need to do is call our friendly new client team and they’ll let you know if you have a valid claim and talk you through the process. You could be on your way to recovering compensation within just a few minutes.

The legal process is all handled by our solicitors and they’ll guide you through each step of the claim. You’ll have unlimited legal advice on your case – you can check in with us as often as you like!

Who can claim road traffic accident compensation?

There are many different types of road accidents, not always involving two cars. People injured on roads might include:

• Pedestrians
• Passengers
• Motorcyclist
• People on public vehicles
• Cyclists
• Horse riders

We’ve settled claims for pedestrians who have been hit by another vehicle, such as a car, or a cyclist. It is also common for car passengers to be injured in accidents, and we have helped thousands of passengers recover compensation, even if it was the fault of the car they were in.

Other road users including horse riders and cyclists can often be at risk from motorists and these accidents are typically quite serious. Our specialist teams work on horse riding accidents and cycle accident claims where the claims become complex.

If you’ve been injured as a passenger in a bus, taxi, or other public vehicle, you are also eligible to claim compensation – speak to us today to find out how much your claim could be worth.

Special damages

At the outset of your claim, we will ask you to give us information as to any special damages that need to be included in your claim. These will be things like loss of earnings, insurance excess, vehicle repairs, vehicle hire, prescription costs, and travelling expenses. We will assess your claim for special damages and obtain expert advice where necessary.

For example, we can instruct an engineer to assess the damage to your vehicle, or we can obtain information from your employer if you feel that your absence from work has resulted in a loss of earnings or maybe a loss of promotion.

Unlike many other law firms, we’ll take the time to fully assess all losses and injuries to make sure you get the maximum possible compensation. This includes:

• Any time off work and loss of earnings as a result.
• Any potential future loss of income and job prospects.
• If there’s a change to your ability to work and earn.
• Compensation for any care or support you’ve received (paid or unpaid).
• Home and vehicle adaptations as a result of the injuries.
• Travel costs for attending appointments such as medicals or physio.
• Any specialist treatment not available through the NHS.

Recovery and Rehabilitation

We want to make sure you get the best support you need to help you recover from any injuries and get your life back on track. This means that we will start physiotherapy and rehabilitation as soon as possible – so you won’t be on any long waiting lists.

How much compensation can I claim for a road traffic accident?

The amount of compensation you can receive after a road traffic accident varies depending on the severity of your injuries and any other costs or losses you incur as a result. At the low end, we settle minor injury claims for upwards of £1,000 and some of the most serious injuries result in millions of pounds in compensation.

Common road traffic accident injuries include soft tissue damage to the neck and back (often referred to as ‘whiplash’) as well as broken arms and legs, and other back injuries.

The short term whiplash type injuries would usually see compensation in the region of a few thousand pounds. Some soft-tissue injuries can be more complex with long term implications – our expert solicitors will make sure your claim is valued appropriately and secure you the maximum possible compensation.

Early compensation payments

It’s normal to worry about paying the bills and covering extra costs when you or a loved one has been injured in a road traffic accident. This is why we focus on securing early compensation payments wherever possible – particularly on more serious and long-term injuries.

These early compensation (interim) payments can be used for paying the mortgage, bills, or to help with any additional expenses you incur in the aftermath of an accident.

Our team are highly skilled at negotiating interim payments and your solicitor will talk you through the process and let you know what’s needed in order to qualify for them.

No win no fee road accident claims

Our legal services are always 100% no win no fee so there’s no financial risk to you when claiming through us. There are no up-front costs and we will only take a small percentage of the amount paid by the other side as our fee when we win your claim.

In many winning cases, your opponent (a driver, or whoever is at fault, such as a local council) will contribute to your legal fees. We’ll always be totally transparent with you about what you can claim based on your individual circumstances.

What evidence will I need?

The more physical evidence you can provide us, the easier it will be to process your claim. This can be, but is not limited to:

• Photographs/CCTV footage of the vehicle, accident, and physical injuries
• Written police and medical reports
• Witness statements
• Receipts for expenses incurred such as public transport costs to treatment
• Insurance details for you and any other drivers involved
• A diary of events following the accident

Please try to gather this evidence as soon as possible. This will support the accuracy of your claim, for example, if a witness is making a statement from memory.

How long after a road accident can I claim?

You can claim compensation up to three years after the road traffic accident in most circumstances. If you didn’t realise you were injured at the time, then you have three years from the date you discovered the injury.

For those under 18 who are injured in a road traffic accident, someone can claim on your behalf (a litigation friend) or you can claim up to three years after you turn 18, regardless of when the accident occurred.

If the injured person is cognitively impaired either as a result of the accident or due to a pre-existing condition, then there is no time limit on when a claim can be made on their behalf. This is unless the cognitive function is restored at a later date, and then the three years rule applies.

Accidents occurring outside of the UK may be subject to international laws. We will be able to advise you on the best course of action when you contact us.

How long does a claim take?

Road traffic accident claims can take as little as a few months to settle for minor injuries, up to several years for more complex and serious injuries. We always look to secure early compensation payments for long cases, so you have interim payments to help with bills and living costs until the case is settled.

If the other side deny any fault and try to fight the claim, this can make the process longer. If they defend the case all the way to court, this can also add on additional time. It’s very unusual for a claim to go to court as our solicitors usually provide enough persuasive evidence to secure a settlement before a court appearance is necessary.

We won’t try and convince you to settle quickly (unless you want a quick settlement) as we work hard to secure the maximum possible compensation for you to make sure all your costs and expenses are covered, as well as the pain and suffering you’ve experienced.

What to do after a road traffic accident

If you’re unfortunate enough to be in a road traffic accident, there are certain legal obligations you must adhere to under the Road Traffic Act 1988.

• You should remain at the scene of the accident for a reasonable amount of time. If you fail to stop or drive off before the other party can record your details, you may be committing an offence.
• You need to exchange contact details with the other party and provide your insurance and car ownership details at the scene or within 24 hours at a police station.

In addition to your legal obligations, we also recommend the following:

• Take photos or video of the scene from a wide angle where safe to do so
• Take photos or video of the vehicles and damage with close ups
• Get the names and contact details of any witnesses

What is the road traffic accident claims process

There are a number of variables that will affect how we run your claim at Express Solicitors.

The majority of road traffic accidents are now dealt with via an online “Portal” which solicitors and insurance companies have access to. If your claim is straightforward and liability is admitted early on your claim will remain on this “Portal” which is designed to be a streamlined process to make settlement as quick and easy as possible.

Portal claims

A portal claim is split into three stages.

Stage 1 deals with liability. Express Solicitors send your claim to the other driver’s insurance company via the “portal” and they have 21 days to admit liability for the accident. As long as liability is admitted within this time frame the claim moves to stage 2.

Stage 2 deals with quantum. It gives us time to obtain evidence in respect of your general and special damages and, once we have agreed figures with you, we submit all of the evidence to the other side on the portal along with an opening offer of settlement. There is a then a period of time to allow the parties to negotiate settlement. Most claims settle here, at stage 2.

If the parties cannot agree a settlement we move your claim to stage 3 where we will ask a judge to decide the amount of compensation you should receive, based on the evidence that we have (you shouldn’t need to go to Court!).

Non-portal claims

If your claim is not straightforward, for example if liability is not admitted or you have a complex injury then your claim will be dealt with outside the portal. Essentially the steps are the same, liability, quantum and settlement, but are likely to take longer as they will probably need more investigation. If you claim falls outside the portal then an experienced solicitor in the road traffic team will have conduct of your claim.

There are two very basic elements of the claim.

The first is establishing liability or fault for the accident. The second is assessing the value of your claim, also known as quantum.

Liability

Broadly, liability is fault for the accident and the first thing we need to establish in any claim. Often it is easy to establish liability in road traffic accidents as the circumstances are usually straightforward. In more complicated claims we have very experienced solicitors who specialise in liability disputes and have excellent success rates.

Quantum

Quantum is essentially how much your claim is worth. Once we have established liability for the accident, we need to assess the value of your claim and agree a settlement figure with the other side. Quantum is split into two parts known as general damages and special damages. General damages is the money that you will recover for your injury. Special damages are any other losses or expenses that you have suffered because of the accident or as a result of your accident-related injuries.