Military Injury Claims

Military Road Traffic Accidents

Road traffic accidents are one of the biggest causes of injury and death in the British Armed Forces. If you've been injured, or a loved one has died, in a road traffic accident, our solicitors may be able to help you claim compensation.

Whether you were injured while on or off-duty, a road traffic accident can be a difficult and traumatic experience. As well as dealing with the immediate consequences of your injuries, you may also be worried about your fitness, health and future military career.

A road traffic accident can seriously disrupt lives and livelihoods, causing short and long term health and career implications that can require extensive medical support. Our lawyers have helped service personnel claim compensation and access rehabilitation following road traffic accidents involving:

  • Cars
  • Motorcycles
  • Coaches
  • Public transport
  • Pedestrians
  • Armoured vehicles

Our specialist military claims team includes a number of lawyers who were in the armed forces themselves and, thanks to their backgrounds and years of helping ex-servicemen and women claim, they have an excellent understanding of the problems that service personnel face.

We'll make sure that those responsible for your injuries are held to account, getting you the financial compensation and medical support you need.

If you have any questions about a military road traffic accident claim, call us today on 0800 022 3321 or contact us online for a free initial consultation about your case. We'll talk to you about your claim, and advise you on your options.



No Win No Fee*
Specialist lawyers with a service background
Bringing claims against the MoD since 1987
Experts in both military and civilian claims

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Military Road Traffic Accident Claims - More Information
    • Can I Make A No Win No Fee* Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI), this may be best for you. Legal expenses insurance is included in many household or car insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you're best supported by a No Win No Fee* agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement. 

      Please visit our No Win No Fee page for more information on how it works.



    • How Much Compensation Can I Expect?
    • How much compensation you receive after a military accident or illness will depend on a few factors related to your condition, its circumstances, and the support and rehabilitation you need.

      When calculating your compensation, we'll take the following things into account:

      • Your age, rank and specialism
      • The pain and suffering caused by your injury or illness
      • Loss of your service earnings caused by delayed promotion or medical discharge
      • Loss of any civilian earnings
      • Loss of pension contributions / resettlement grant
      • Loss of a commitment bonus
      • Loss of specialist pay and allowances
      • Loss of service benefits including loss of subsidised quarters and Learning Credits
      • Your care and support needs – both now and in the future
      • Modifications to your home
      • Mobility aids

      Any settlement is paid by the Ministry of Defence, out of a specific budget set aside for these situations. It doesn't come out of your unit’s budget, and it doesn’t come out of the budget which pays for kit, equipment and other resources.

      For more information, call us on 0800 022 3321 and we'll be happy to discuss your options in a free initial consultation



    • Will Claiming Impact My Career?
    • No. The MoD understands that they ask service personnel to do a difficult job in dangerous situations – and unfortunately accidents do happen. They recognise and respect the individual's right to bring a legal claim for injuries. Claiming won't affect your entitlement to a pension, either.

      The Ministry of Defence should not discriminate against personnel who bring compensation claims after an injury. If you're planning on continuing your service career after your claim, then there are very strict rules about discriminating against someone on this basis.


    • What's The Armed Forces Compensation Scheme?
    • The Armed Forces Compensation Scheme (AFCS) is a government scheme that provides compensation for injury, illness and death caused by service on or after 6 April 2005.

      Unlike a legal claim, the AFCS does not require you to establish that anybody else was at fault. This means that you could be able to claim under the AFCS in circumstances where there is no legal claim.

      However, the AFCS is a tariff based system – it does not look at the way your injury will affect you as an individual, or what financial losses you will actually incur. For this reason legal claims made through the courts will almost always result in significantly more compensation than claims made through the AFCS.

      It's accepted that members of the armed forces have no choice where they're deployed, or in the activities they're required to undertake. This means that compensation could be paid from the scheme for injuries caused in a number of ways, including those that occur during:

      • Operations
      • Training
      • Service-approved sports
      • Exercise to maintain military fitness

      Both regular and reserve forces can apply for compensation through the AFCS, whether you're still serving or a veteran.

      Compensation is paid as a lump sum on a tariff-based system determined by the severity of your injuries, and can range from a minimum of £1,200 to a maximum award of £570,000. You could claim through the AFCS as well as claiming through the courts.

      You can find out more about the AFCS here, or alternatively you can contact our solicitors on 0800 022 3321 for a free consultation if you have any specific questions.


    • Meet The Experts
    • Our military injury team have been helping service men and women claim against the MoD since 1987. The team includes several former military personnel, and includes:

      • Geraldine McCool, who was described as the “Military Master” by The Lawyer. Geraldine is secretary of The Royal British Legion Solicitors Group and heads our specialist military injury team.
      • Paul Harrington, who completed an operational tour in Northern Ireland as a Bomb Disposal Operator. Paul brings his expertise as a former Ammunition Technical Officer and specialises in claims involving equipment, weapons, munitions and training accidents.
      • Simon Harrington, who has over 15 years of experience bringing claims against the MoD. Simon specialises in cold injury claims, having helped hundreds of service personnel to claim over £10 million in compensation for their injuries.
      • Andrew Buckham, who served in the Army for seven years before joining Irwin Mitchell. Andrew specialises in claims relating to serious and fatal injuries. He is also a trustee for the Defence Medical Welfare Service

      Meet our military injury team.


Getting the support from Irwin Mitchell with my adapted house has given me the encouragement and independence I needed to get out there and find other things I am interested in."

Ray Lowrie
Ray Lowrie

Frequently Asked Questions

Who Can Claim Compensation For A Military Road Traffic Accident?

If you're a regular or reserve member of the Army, RAF, Royal Navy or a specialist unit, and have been injured in a road traffic that wasn't your fault, you may be able to claim compensation. You could also make a claim if you've lost a loved one in a military road traffic accident.

It's possible to claim for traffic accidents that happened in the UK or abroad, whether you were on duty or off. The most important factor is that the accident wasn't your fault – you could claim for an accident caused by failings on the part of the Ministry of Defence (MoD), or another party, such as another driver.

The MoD has a duty to ensure that its roads and vehicles are properly maintained, and that the correct signage is present across all military facilities. Other road users have a duty to drive safely and responsibly to avoid accidents. If this hasn't been the case, you could have a claim.

Injuries we've helped our clients claim compensation and access rehabilitation for include:

  • Whiplash and soft tissue injuries
  • Broken bones and fractures
  • Sensory loss
  • Organ damage
  • Head, brain and spinal injuries
  • Loss of limbs
  • Fatal injuries

The military has a responsibility to make sure you receive the right medical help if you're involved in a road traffic accident, and to provide you with rehabilitation in the aftermath. If this wasn't provided to you, you may also have a case.

If you've been injured in a road traffic accident and are unsure whether you'll be able to claim, call us today on 0800 022 3321 or contact us online for a free initial consultation. We'll see if you have a case, and answer any questions you might have about the claims process.



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Are The Rules Different If The Accident Happened While I Was Off-Duty?

It's possible to make a claim for accidents that happened while you were both on and off-duty, but the process may differ slightly.

If you were on-duty, you will most likely claim against the MoD if they are found to be at fault, and responsible for your injuries as a result.

If you were off-duty, who you claim against will largely depend on where and how you were injured. If you were injured while off duty, but still on a base, you may be able to claim against the MoD.

If you were off base at the time of your injury, identifying the party responsible will be a significant part of investigating your claim. It could be the driver of another vehicle, the driver of a vehicle you were in, or a local council responsible for maintaining road signs and markings.

The rules will also be different if you were injured while on leave in another country. The time limits and procedures for making a compensation claim can vary a lot around the world, so in these circumstances it's very important that you seek legal advice as soon as possible.

If you have any questions, call us today on 0800 022 3321 or contact us online for a free initial consultation, and we'll be happy to help.


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Why Choose Irwin Mitchell For A Military Road Traffic Accident Claim?

Our team has helped many current and ex-service personnel claim compensation for road traffic accidents and our expertise in this area is unrivalled. A number of our specialist military lawyers have served themselves, giving us a unique insight into claims of this nature, and any concerns you may have while making a claim. We also have a specialist road traffic accident investigation team that could assist in your claim if needed.

We have a proven track record in securing large settlements for military personnel following a road traffic accident, including:

  • £750,000 for a former Air Corps Pilot involved in an off-duty road traffic accident that resulted in a medical discharge – find out more about his claim.
  • £450,000 for a Private in the Royal Green Jackets who was injured in France while returning to the UK from a base in Germany, resulting in the loss of his right arm – find out more about his claim.

We also have an established network of contacts able to help ex-service personnel find the right job, and have links with a number of armed forces welfare branches and organisations.

Rehabilitation is a key part of our service, and we'll ensure that any compensation settlement you receive takes into account any medical support you need, as well as any loss of service benefits or civilian earnings as a result of your road traffic injury.

We approach every case with care and sensitivity, and will always put the needs of you and your family first. If you have any questions about the claims process, or how else we can help, contact us today on 0800 022 3321 for a free consultation or get in touch online.

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Awards and Accreditations

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK

"They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
"One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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Royal British Legion

 

We're proud to be part of The Royal British Legion Solicitor's Group


Our Armed Forces Expertise

Since 1987, our specialist military injury team has helped hundreds of injured personnel from the Army, RAF and Royal Navy to claim compensation. We are considered one of the top law firms in the country for military claims and several cases we were involved in were recently featured in the Chilcot Inquiry.

We work closely with a number of Armed Forces welfare branches and organisations, and are the PAX appointed legal representatives under the PAX Personal Accident Insurance Scheme. We're also proud supporters of:

  • The Royal British Legion Solicitors Group
  • Help For Heroes
  • SSAFA Forces Help

Several of our solicitors were part of team that recently won The Claims Innovation Award for Legal Service Team of the Year (2016) for their pro bono work within The Royal British Legion Solicitors Group (TRBLSG).


Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

Start Your Claim Today

To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

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