Road traffic accident claims

Road traffic accident claims FAQs

• How can a road traffic accident affect you?

  The effects of a road traffic accident can vary greatly. In some cases, you may come away with only slight physical injuries, but the emotional impact can cause life-long trauma.

  Physically

  Physical injuries are often the most obvious sign of a road traffic accident. A physical injury has the potential to alter your life completely. Should you require specialist care long into the future, RTA compensation can help fund this.

  Emotionally

  Not all signs of a serious injury are visible to the naked eye. Many individuals involved in a road traffic accident can encounter emotional or psychological problems. These non-physical injuries can be just as hard to cope with and seeking professional help is just as important.

  In most cases we can get things agreed and funded before the other side has accepted liability, so there's nothing preventing you from getting the treatment and rehabilitation you require straight away.

  Financially

  If you've been involved in a road traffic accident that has meant you were unable to work for a few weeks or longer, or you’ve lost a loved one who contributed to the household, this can not only have ramifications on your psychological wellbeing, but it can also have a huge financial impact on you and your family.

  We understand that no amount of RTA compensation can ever give you the life you had before the accident, but it can help relieve some of the pressure you now face.

  Not only can we help you with the legal aspect of your claim, but we can also offer practical advice, as well as emotional support.

• 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 an RTA 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, an Inquest 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 RTA 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 RTA compensation could you receive?

  The amount of 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 in your RTA claim?

  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 RTA 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 claim was submitted through the RTA Portal (the Ministry of Justice Claims Portal) the process is more streamlined meaning the insurer must acknowledge receipt within 1 working day and then will have 15 days to admit or deny liability.

  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.