Road traffic accident claims

Frequently Asked Questions

• Do you have grounds for an RTA claim?

  If you've been involved in an accident that wasn't your fault, you have every right to pursue a road traffic accident claim.

  To make a claim, you must show that the other party involved was negligent and that your injuries were suffered because of their negligence. However, we understand that sometimes it can be hard to know who was at fault, which is why seeking the advice of specialist RTA solicitors is important.

  Here at Shoosmiths, our team of lawyers can take an in-depth and impartial look at the series of events that occurred before, during and after the accident to determine who was at fault. Even if you don't have all the details of the driver or the vehicle, or you were involved in a hit and run, you can tell us what you know and we can take it from there.

  Our team know exactly what's needed to help you rebuild your life after a serious accident – from legal advice to ongoing medical care.

  If you're unsure whether you have grounds to make a claim, you can speak to one of our friendly team on 0370 086 8687 or you can send us a message.

• How do road traffic accident claims work?

  We aim to make every claim as easy and straightforward as possible for you. After all, seeking RTA compensation should be about making your life easier – not harder.

  We’re signed up to the Serious Injury Code. This means we work with you and the insurer(s) to achieve the best possible outcome for you and your family. If we think you have a claim, one of our expert lawyers will take up your case.

  To begin proceedings, we will send a letter of claim to the potential defendant, and investigations will begin with the police and any witnesses to your accident. We will obtain your medical records and then independent medical reports from leading experts.

  When we have finalised our medical evidence, we will be in a position to value your injuries. The principle behind any claim is to put you in the same position you would have been in if the accident hadn't occurred. This may not be possible in some cases where a serious injury has happened. In such cases, financial compensation is awarded on an increasing scale depending upon the severity of your injuries.

  If the other party accepts blame at this stage, we’ll seek to secure an interim payment to cover any immediate costs. If not, we’ll start the court process. All this means in practice is that your RTA injury claim now has a deadline to be settled. And you can be sure we’ll be with you at every step. 

• How long does a claim take?

  There are a number of factors that can affect how long a road traffic accident claim can take. For example, if the other party doesn’t accept fault, or the matter proceeds via the MIB this can make the process longer. If you're seeking compensation following the death of a loved one, a Inquests may have to take place and this can take time too.

  But please rest assured that no matter how long your RTA claim takes, we will do everything in our power to make the process as quick as possible without compromising on due diligence.

• How many claims go to court?

  Very few personal injury claims go to court. Even if we do need to start court proceedings as part of the process, your RTA claim will likely be settled out of court.

  If you're claiming on behalf of a loved one who lacks capacity as defined in the Mental Capacity Act 2005, it will be necessary to go to court. But rest assured that your personal lawyer will explain the process to you.

  If you're making a fatal road traffic accident claim, generally only complex cases end up in court.

  While we can't guarantee your case won't go to court, remember we'll be with you every step of the way.

• How much compensation could you receive?

  The amount of RTA compensation you receive will depend on the nature and severity of your injuries, and any costs or losses you've experienced as a result. Your physical and emotional injuries, damage to your property, and any loss of earnings are all taken into account.

  If your claim is as a result of the death of a loved one, you will be able to claim a statutory bereavement award in addition to the compensation claim. The amount awarded is £15,120 if the death occurred after 1 May 2020. If the death was before 1 May 2020 the bereavement award is £12,980.

  Only the spouse/cohabiting partner or the parent of a child under the age of 18 can claim a bereavement award under The Fatal Accidents Act 1976. No one else in the family is entitled to do so.

• How much does claiming compensation for a road traffic accident cost?

  At Shoosmiths we believe everyone should be given the opportunity to make a claim. That’s why we take the majority of road traffic accident personal injury claims, that fall outside the new claims process on a No Win No Fee basis.

  This means you will only pay a 'success fee' at the end of your case if your claim is successful. We're completely transparent and the amount will be pre-agreed so there'll be no surprises.

  It is advised that you take out an ‘After the Event’ insurance policy, which will protect you from having to pay the opposition’s legal costs if your case is unsuccessful.

• What do you need to prove?

  To increase the chances of bringing a successful RTA claim, there are certain things you will need to do following the accident.

  For a claim to be successful, we must establish who was at fault for the accident and whether it was another driver or the condition of the road itself.

  Gathering evidence is crucial in making a claim, so you must keep hold of as much information as possible from the date the accident took place. Taking photos of the scene and your injuries should be the first things you try to do – of course, we know that following an accident gathering evidence could be the furthest thing from your mind.

  If you're unsure if you have the grounds to make a claim, our expert RTA lawyers can examine the evidence for you.

• What happens if a fatality occurs following an RTA?

  If your friend, family member, or loved one has been killed as a result of a car accident, you may be entitled to make a fatal road traffic accident claim.

  Those who can claim compensation include the dependants of the deceased, family members, and the estate of the deceased.

  To put your claim in the best possible position, we recommend that you:

  • Report the accident to the police
  • If possible, obtain details of witnesses
  • Seek medical attention
  • Keep records of funeral costs, medical costs, expenses and other documents related to the case

  By taking action you can help ensure your RTA claim is not only likely to be more successful, but that you will receive the correct amount of compensation following the death of a loved one.

• What happens if the claim is against a family member?

  If your injury was caused by the negligence of a friend or family member you may still be eligible to make a claim. It doesn't matter if the person at fault is a relative of yours, if they're liable, you can claim RTA compensation from them through their motor insurance company.

  Children can also claim against a family member. Anyone under the age of 18 can make personal injury claims, as long as a parent or guardian can assist them as their litigation friend. However, if a child was a passenger in their parent’s car and was injured in an accident for which their parent was liable, they cannot have that particular parent as their litigation friend as it would be seen as a conflict of interest by the court.

• Who pays the compensation in a road traffic accident claim?

  Usually, in a road traffic accident claim, the insurance company acting for the person responsible for the accident will pay your compensation. For this to happen, liability for the accident needs to be determined.

  Therefore, instructing experienced RTA solicitors is essential for your claim. We'll be able to gather the evidence and liaise with the responsible party and their insurance company.

  This can take some time as the responsible driver’s insurance company has 21 days to acknowledge the claim and a further three months to admit or deny responsibility for the accident. This can be even longer if the insurance company needs to wait for a copy of a police report before responding to the claim.

  If the accident was caused by an uninsured or untraced driver, compensation can be sought from the MIB.

• Why should you make a road traffic accident claim?

  We understand that no amount of money can change what happened to you and your family but claiming compensation for a road traffic accident can help you cover the cost of treatment, rehabilitation, lost income, and anything else still to come.

  We know that following a road traffic accident making a claim could be the furthest thing from your mind, which is why we endeavour to make the whole process as quick and stress-free as possible.