Road Traffic Accident Claims Guide

Following a road accident there are some initial steps that you should take:

1. Ensure everyone is safe and there is no immediate danger on the road
2. If safe to do so, try and gather some information or evidence such as photos of the scene or names and addresses of witnesses
3. Report the accident to the police and your insurer. Reporting to the police will help as part of your legal and insurance claim

After we’ve agreed to take on your claim, we'll:

• Gather information about your accident to work out who’s responsible for your injuries - we have experts in house to help with accident investigation or will work with police and insurers so you don't have to
• Identify any rehabilitation needs you might have and help you to access the support you need. Our support teams will do all this for you and get you the help you need.
• Once we’ve established who is responsible for your injuries, we’ll work hard to get an admission of fault. In some cases, this means you could get early compensation payments to cover any immediate costs you have
• In the vast majority of cases the compensation amount you receive will be agreed with your opponent or insurer and we will reach a settlement
• Where this isn’t possible, the case will go to court – we’ll support you every step of the way if this happens in your case.

You may have been referred to a particular law firm by your insurer, but you're not obliged to go with them. Many insurance companies have preferred solicitors, but you can choose whichever firm you wish. An insurance company can't insist you use their preferred lawyers.

Road traffic accident claims can be complex, so it's vital you choose a solicitor you're comfortable with. With offices across the UK, we make it easy for you to meet with us. We can also speak to you via phone or video call or visit you at home or in hospital.

Contact us to arrange a free initial consultation. We'll advise you how we'd approach your claim and help you to decide if you'd like to work with us.

If you were solely responsible for an accident then it’s unlikely that you'll be able to claim compensation. However, in many cases you may be able to claim compensation if an accident was only partially your fault.

In situations like this, you may be able to claim compensation, but the amount you receive would likely be reduced because of your contribution to the crash.

If you're in any doubt about whether or not you can claim, contact us for a free consultation – we'll be happy to discuss your case with you.

The length of the claims process will largely depend on two things: how serious your injuries are and whether or not your opponent admits responsibility for them.

For example, if you suffer a relatively minor injury, and the other party admits responsibility for the accident, then your claim could be settled in just a few months.

However, if you’ve experienced more serious injuries, your claim will take longer as more medical evidence will have to be obtained in order for your compensation amount to be agreed.

It's also important to let your injuries stabilise before completing a claim, so the full extent of their impact can be established.

If your opponent refuses to accept liability, and disputes any charges brought against them, then you may have to wait for the criminal case to be settled before the compensation claim is resolved. 

Your claim may also take longer if you were involved in a hit and run accident, and the police or insurance companies were unable to locate the driver.

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.

Compensation will be made up of:

1. General damages - these cover physical and metal injuries and are set and assessed by guidelines
2. Special damages - these are made up of additional expenses relevant to your claim.

The amount of compensation you could claim is based on:

• Current and future loss of earnings
• Medical and travel expenses you’ve incurred
• Your care and support needs – both now and in the future
• Modifications to your home
• Mobility aids
• Your pain and suffering

When you contact us, we will assess your case to understand the level of injury and what care might be needed in the future. We will provide you with information about how much your claim could be worth once we have reviewed your accident.

If you were injured as a passenger, you may be able to claim compensation for your injuries even if the driver of your vehicle was responsible. If you knew that the driver was under the influence of drugs or alcohol and still got in the car, this may mean the amount of compensation you receive is reduced.

Find out more about making a road traffic accident compensation claim as a passenger.

You’re required to wear a seat belt by law, but you're not necessarily barred from claiming compensation if you weren't wearing one when you were injured.

However, it's highly likely that the amount of compensation you receive will be reduced if you weren't wearing a seatbelt.

Find out more about what to do if you weren't wearing a seatbelt.

Although you usually have three years after the date of an accident to make a claim for compensation, it's a good idea to contact a solicitor as soon as possible.

Contacting a law firm early means the investigation of your accident can get underway while memories of the incident are still fresh in the minds of all involved. There are some exceptions to the three year time limit for making a claim. They are:

• Mental Capacity – if a loved one lacks the capacity to make a claim themselves, there is no time limit for making a claim on their behalf.
• Children – claims can be made at any point before your child turns 18. After that, your child can make a claim up until the age of 21.
• Road Traffic Accidents Abroad – time limits in other countries can be shorter than in the UK. However, depending on the circumstances of your accident, you may still be able to make a claim under UK law.
• Criminal Injuries - in cases where your injuries were caused by a deliberate act, a claim can also be made through the Criminal Injury Compensation Authority. However, in these cases a time limit of two years applies from the date of the incident.

If you're unsure about whether you should begin the claims process or not, you can contact us for free initial advice – we'll be happy to help.

When investigating your compensation claim, we'll always try and establish who was responsible for your accident, and work hard to get an admission of liability from them. If this is possible, then your case can be settled without court proceedings.

This is the case for the vast majority of the claims we pursue. However, if the person responsible will not admit fault, or the value of your claim cannot be agreed, then court proceedings may be necessary.

If this happens, don't worry – we'll be there to support you every step of the way.

You’ll need to have a medical examination as part of the claims process, which we will arrange. This will help us to determine the extent and impact of your injuries, which is an essential part of working out how much compensation you are owed.

You should also seek separate medical assistance as soon as possible. Even if you only appear to have minor injuries, your injuries could be more serious than you think, so you should consult a doctor.

Yes, our Scottish personal injury lawyers can help if you were involved in a road accident in Scotland. Whether you were injured as a driver, passenger or pedestrian, we have the expertise needed to help you make a claim.

We have specialist expertise in serious injuries. If you or a loved one has suffered a brain or spinal injury, we can help you not only to claim compensation but also to access rehabilitation and medical care. Read more about making a personal injury claim in Scotland Back to top The above information relates to the law in England and Wales.

All Scottish cases will be handled by the Scottish law firm with which we’re associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you’ll receive separate advice about what that means as well as a separate funding agreement.