Road traffic accident claims
If you’ve been involved in a road traffic accident, you may be able to claim compensation. Contact our road accident claims team today to find out your legal rights to claiming compensation.
The most important things to remember when making a claim for a road traffic accident:
- You should get evidence at the scene of the accident and exchange details
- We could recover compensation even if you think you were at fault
- You can claim for loss of earnings and out of pocket costs
- You have three years to make a claim in most cases although there are exceptions
- You can claim compensation even if the other driver was uninsured or didn’t stop
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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.
What compensation can I claim for?
If you’ve been injured in a road traffic accident, you can claim compensation for your pain and suffering (general damages) but also any costs or out of pocket expenses, as well as loss of earnings (special damages).
General damages
To assess your injuries, we will arrange for an independent medical specialist to examine you and prepare a report detailing the injuries that you have sustained in the accident.
Should the expert recommend any further diagnosis or treatment we can usually arrange this for you on a private basis to ensure that you get the treatment that you need as quickly as possible.
Sometimes you might need to see more than one expert – for example you might need to see an orthopaedic expert for a broken bone and a psychologist for any anxiety issues that you have suffered with after the accident.
You’ll claim more with us.
We have recovered an additional £21.2m more in compensation for clients who switched to us from their previous firm. Contact us now to discover the real value of your claim.
Claiming for 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.
Average road traffic accident compensation amounts
If you have been involved in a road traffic accident on or after 31st May 2021 then the figures below may not be relevant to your case. This is due to the Civil Liability Act 2018 and Whiplash Reforms Program which have now come into force affecting cases where the accident happened on or after that date. These changes have provided a different way of valuing some of those cases. The changes also mean that the Defendant will not contribute to the legal costs incurred in many cases unless the case is worth £5,000 or more.
Not all road traffic accidents are affected however and the best way to find out is to give us a call; we will be able to advise you as to which compensation method will apply to you and to give you more detailed advice.
| Part of body | Severity of injury | Amount of compensation | Types of injuries |
|---|---|---|---|
| Head | Minor | £1,880.00 to £10,890.00 | Covers brain damage with recovery within a few weeks. Higher compensation if symptoms include headaches. |
| Head | Moderate | £13,430.00 to £112,130.00 | Symptoms ranging from poor concentration, lower and higher risk of epileptic attacks, minor personality changes, depression, more severe intellectual impairment, or injuries/symptoms leading to a vegetative state. |
| Head | Serious | £186,890.00 £240,590.00 | Covers reduced life expectancy, serious physical symptoms, serious changes to personality or intellect, large dependence on others due to paralysis or otherwise. |
| Head | Severe | £240,590.00 to £344,640.00 | Covers minimally conscious state (life expectancy less than 15 years), severe disability, brain damage with little/no response, vegetative states needing full-time nursing. |
| Eye | Severe | £56,080.00to £229,260.00 | Complete blindness on one/both eyes or severe visual impairment on one/both eyes. |
| Face | Minor | £1,460.00 to £7,460.00 | Light or no scarring on the face, but no fractures, loss/damage of one/two front teeth, simple fractures of the jaw or nose, but with a possibility of complete recovery. |
| Face | Serious | £15,320.00 to £26,010.00 | More serious fractures such as a broken jaw or nose, breaking/damage/loss of several teeth. |
| Face | Severe | £26,010.00 to £38,850.00 | Severe injuries resulting in facial disfigurement, several jaw fractures, chronic tooth pain, and scarring. May lead to eating restrictions or higher risk of joint arthritis. Covers negative effects on mental health. |
| Ear/ hearing | Minor | Up to £5,980.00 | Possible Noise Induced Hearing Loss (NIHL), slight/occasional tinnitus. |
| Ear/ hearing | Moderate | £12,700.00 to £25,350.00 | Partial hearing loss or mild to severe tinnitus. |
| Ear/ hearing | Serious | £25,350.00 to £38,850.00 | Complete deafness in one ear. Severity varies based on additional symptoms (e.g. dizziness, tinnitus, etc.). |
| Ear/ hearing | Severe | £77,430.00 to £120,040.00 | Complete deafness in both ears. Higher compensation for child injuries also resulting in a loss of speech. |
Road traffic accident compensation amounts for back, neck, shoulders and upper body injuries
| Part of body | Severity of injury | Amount of compensation | Types of injuries |
|---|---|---|---|
| Neck | Minor | Up to £6,680.00 | Soft tissue injuries or whiplash with recovery within 3 – 24 months. Compensation factors include severity of pain and amount of negative effects on everyday life. |
| Neck | Moderate | £7,410.00 to £47,760.00 | Covers injuries that accelerated a pre-existing condition, disc lesions, cervical spondylosis, serious limitation of movement, permanent and/or recurring pain, all caused by fractures or dislocations. |
| Neck | Severe | £56,100.00 to £139,210.00 | Serious fractures, severe soft tissue damage, chronic pain conditions, disc damage, partial paraplegia, or significant, permanent disability. |
| Back | Minor | £2,090.00 to £10,670.00 | Includes lighter strains, sprains, disc prolapses, and soft tissue injuries. Recovery between 3 months and 5 years. |
| Back | Moderate | £11,730.00 to £26,050.00 | Includes: spinal fusion, compressed or fractured lumbar spine (possibly resulting in higher risk of osteoarthritis and constant pain), prolapsed discs and other injuries that may require surgery and a continued acceleration/worsening of a pre-existing back condition. |
| Back | Severe | £36,390.00 to £151,070.00 | Typically requires surgery. Injuries include: damaged spinal cord and partial paralysis, psychological issues, loss of bladder and/or bowel function, disc lesions, impaired movement, arthritis, etc. |
| Shoulder | Minor | Up to £6,730.00 | Soft tissue injury resulting in pain. Full recovery between 3 – 24 months. |
| Shoulder | Serious | £10,890.00 to £16,380.00 | Fractured humerus, clavicle or rotator cuff needing surgery. |
| Shoulder | Severe | £16,380.00 to £40,970.00 | Significant disability caused by severe damage to the neck or brachial plexus. |
| Pelvis & hips | Minor | £3,370.00 to £10,750.00 | Complete recovery after minor soft tissue injuries. Little or no disability within 2 years. |
| Pelvis & hips | Moderate | £10,750.00 to £33,430.00 | No serious disability, but covers injuries requiring hip operations, replacement of hips (or the need for either in the future). |
| Pelvis & hips | Severe | £33,430.00 to £111,690.00 | Severe hip/pelvis fractures resulting in bowel damage or spinal fusion, childbirth complications, hip replacement, and/or leading to higher likelihood of future surgery. |
| Scarring (not facial) | Minor | £2,020.00 to £7,380.00 | One noticeable scare or several superficial, unsightly scars on the legs, arms, or hands. |
| Scarring (not facial | Moderate | Up to £7,380.00 | Full recovery within 2 years, up to a partial recovery with symptoms that are not largely debilitating. |
| Scarring (not facial | Severe | £6,680.00 to £19,390.00 | Several noticeable laceration scars or a single disfiguring scar. |
Road traffic accident compensation amounts for arm, hand, and finger injuries
| Part of body | Severity of injury | Amount of compensation | Types of injuries |
|---|---|---|---|
| Arm | Mild | £5,630.00 to £16,380.00 | Fractured forearm. |
| Arm | Moderate | £16,380.00 to £33,430.00 | Serious arm injury leading to long-lasting symptoms. |
| Arm | Serious | £33,430.00 to £111,690.00 | Serious injury resulting in an inability to use the arm(s) to some extent. Does not result in amputation. |
| Arm | Severe | £82,040.00 to £255,930.00 | Results may include the amputation of one/both arms. Compensation amount will depends on amputated area, whether phantom pain is experienced, and on other effects on the quality of life. |
| Elbow | Moderate | Up to £10,750.00 | Includes: tennis elbow, deep cuts, simple fractures, no permanent damage. |
| Elbow | Serious | £13,360.00 to £27,320.00 | Results in restricted movement but does not require surgery or cause disability. |
| Elbow | Severe | £33,430.00 to £46,780.00 | Injury causes severe disability or requires surgery. |
| Wrist | Moderate | Up to £8,740.00 | Uncomplicated Colles fracture or minor undisplaced fractures with recovery between 1 – 2 years. May include use of plasters. |
| Wrist | Serious | £10,750.00 to £20,900.00 | Soft tissue damage or broken wrist causing some permanent disability. |
| Wrist | Severe | £20,900.00to £51,070.00. | Significant permanent disability or complete loss of wrist function. |
| Hand | Minor | Up to £4,050.00 | Covers lacerations and crush injuries, and soft tissue injuries (recovery within 6 months). |
| Hand | Moderate | £4,780.00 to £11,330.00 | Covers penetrating wounds and crush injuries resulting in permanent but non-intrusive symptoms, or soft tissue damage and deeper cuts resulting in impairment of the hand (may require surgery). |
| Hand | Severe | £24,740.00 to £171,920.00 | Covers amputation and rejoining of several fingers, resulting in a clawed, impaired, or unsightly hand, amputation of one/both hands (alternatively, amputation of several fingers rendering the hand almost useless). |
| Finger | Minor | Up to £4,055.00 | Includes: full-healed fractured finger bones (healed within 1 year) with/without minor scarring. |
| Finger | Moderate | £3,370.00 to £5,000.00 | Includes: complete (or almost complete) recovery after broken finger, amputation or loss of a part of the little finger. |
| Finger | Severe | £10,380.00 to £31,350.00 | Includes: complete amputation of one/more fingers, fractures of the index finger. Compensation depends on level of disability and suffering. |
| Thumb | Minor | Up to £4,055.00 | Short-term, severe pain gone within 3 months. |
| Thumb | Moderate | £3,370.00 to £10,750.00 | Covers fractures with recovery within 6 months, damage to nerves or tendons resulting in partial loss of sensation, and cosmetic thumb deformities. |
| Thumb | Severe | £10,750.00 to £46,780.00 | Partial/complete amputation of the thumb, surgical wire insertions, nerve damage, fractures, inability to grip. |
Road traffic accident compensation amounts for leg and foot injuries
| Part of body | Severity of injury | Amount of compensation | Types of injuries |
|---|---|---|---|
| Leg | Minor | £7,780.00 to £12,010.00 | Minor injuries with recovery within a few months (e.g. soft-tissue injuries, bruising, cuts, and contusions). Slightly more severe injuries such as simple fractures of the femur, tibia, or fibula. |
| Leg | Moderate | £15,320.00 to £46,780.00 | Minor fractures with partial recovery, serious soft tissue injury, injuries to one leg (e.g. broken bones, crushing injuries), ligament injuries, compound fractures leading to near certainty of arthritis or instability. |
| Leg | Severe | £46,780.00 to £240,590.00 | Severe injuries resulting in extensive degloving, bone grafting, permanently reduced mobility, or amputation of one/both legs (above/below the knee). |
| Knee | Minor | Up to £11,730.00 | Includes soft tissue injuries (recovery within a few months), a twisted knee, lacerations, or bruising resulting in discomfort or pain. |
| Knee | Moderate | £22,340.00 to £37,070.00 | Includes: seriously damaged kneecaps, ligaments, or muscles, dislocation, a torn meniscus, acceleration injuries (over several years), resulting in ongoing discomfort or pain. |
| Knee | Severe | £44,470.00 to £82,080.00 | Covers constant pain, severe disability, or muscle wastage. Higher compensation if need for surgery or injury effects quality of life. |
| Ankle | Minor | Up to £11,730.00 | Smaller fractures, but bone has not been displaced. May include sprains, injured ligaments (likely leads to scarring). Smaller injuries can allow for full recovery within a year, without any scarring. |
| Ankle | Moderate | £11,730.00 to £42,710.00 | Includes ligament tears, fractures, leading to smaller disabilities while standing/moving. Increased risk of osteoarthritis. Operation/cast needed. May lead to inability to work or call for special footwear. |
| Ankle | Severe | £42,710.00 to £59,480.00 | Severe injury resulting in deformities, disabilities, or even amputation of the body part down the line. |
| Achilles | Minor | £6,200.00 to £10,750.00 | Minor instability due to tendon damage around the ankle. Some more severe cases might involve scarring. |
| Achilles | Moderate | £10,750.00 to £17,970.00 | More serious injury and partially ruptured tendon. More severe cases tend to involve disability and/or permanent scarring. |
| Achilles | Severe | £21,320.00to £32,780.00 | Restricted movement of the ankle due to severed muscle tissue. Small likelihood of further improvement of limp and residual scarring. |
| Foot | Minor | Up to £11,730.00 | Includes: minor fractures, lacerations or contusions (with complete recovery within 2 years), ruptured ligaments or other puncture wounds that result in chronic pain or a permanent limp. |
| Foot | Moderate | £11,730.00 to £59,730.00 | Includes: metatarsal fractures resulting in permanent deformity and ongoing symptoms, fractured heels (both), restricted mobility, degloving and heel fusion. |
| Foot | Severe | £71,640.00 to £171,920.00 | Injury needing amputation of one/both feet or traumatic amputation of the forefoot (to prevent need for complete amputation). |
| Toe | Minor | Up to £8,190.00 | One or more broken toes with a varying recovery period. Compensation depends on presence of long-term symptoms and speed of recovery. |
| Toe | Moderate | £8,190.00 to £11,730.00 | Multiple fractures, crush injuries to two/more toes, permanent disability. May have involved unsuccessful past operations. |
| Toe | Severe | £11,730.00 to £47,830.00 | Severe crush injuries leading to less/surgical amputation of one or two toes (not including the big toe), amputation of all toes or the big toe. |
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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.
We understand the financial impact of an accident.
In 99% of cases, we recovered more compensation than the insurer’s first offer. We’ll provide financial security with our interim payments wherever possible, meaning you don’t need to rush into an offer that is lower than you’re legally entitled to.
How long does a road accident 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
A claim process built just for you.
Our tailor-made claim process takes the stress out of claiming and keeps you in control. Choose how often, and how you want to be updated. Phone, SMS, mail, video-call, it’s up to you.
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.
Frequently asked questions
Can I claim if hit by uninsured or hit and run driver? 
Can I switch my claim from my current solicitors?
I've been hit by a foreign driver, can I claim?
Do I have to have a medical exam?
Will I have to go to court?
What if the other driver was uninsured or didn’t stop?
Can I claim if it was my fault?
Can I claim if I had an accident abroad?
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