Road Traffic Accident (RTA) Claims

Making a road traffic accident claim

Road traffic accidents can be devastating. They can have long-lasting effects on your health – both physical and mental – and can leave you worried about getting into a vehicle again.

Using the roads comes with risk. An estimated 1,645 people were killed on UK roads in 2023, according to the Department for Transport’s latest statistics. In total, there were 132,063 casualties of all severities reported from road accidents.

If you were injured in an accident that wasn’t your fault, you are legally entitled to claim compensation. First4Lawyers can help you do that.

Road traffic accidents abroad can involve different regulations surrounding claims. To find out more, get in touch to discuss your specific situation and find out the best course of action for you.

How much compensation will I get for a road accident?

Every accident is different. You may suffer completely different injuries to someone else who was involved in a similar crash. That means it’s difficult to say exactly what you might be entitled to without an initial chat.

The amount you’re awarded in compensation will be based on your accident, how severe your injury is, how long your recovery is expected to take and the impact your injury is expected to have on your life.

Compensation is awarded for the pain and suffering you’ve been through, as well as financial impacts on you. This includes losing out on wages if you can’t work after your accident, spending on medical treatment, travel costs, repairing or replacing damaged property and other expenses relating to your accident.

Our compensation calculator can give you a rough idea of what you might be awarded for certain injuries. You could also give us a call to discuss what you might be able to claim.

Who will pay my accident compensation?

Who you can hold liable for your accident depends on the circumstances around what happened to you. In most cases, the party responsible for your accident will pay your compensation.

• Another driver

Most road traffic accidents involve a collision between two or more vehicles. If this happens, the motorist responsible for the accident will be the person you claim against. Their insurer will then pay your compensation, if your claim is successful. This means you won’t be claiming directly against the driver themselves.

• Uninsured driver

You may think that because you were injured by an uninsured driver, you can’t make a claim as insurers typically pay compensation. But you may still be able to claim, as the Motor Insurers’ Bureau (MIB) covers accidents like these.

• Unknown driver

If you were involved in a hit and run accident and didn’t manage to get the details of the person responsible, you may worry that you have no chance of making a claim. But the MIB also pays compensation for these accidents too. That means if you were hit by an unknown driver, you could still make a claim.

• Road conditions

If your accident was caused by poorly maintained roads – such as those featuring potholes or unsafe surfaces – you could be able to make a claim against the organisation responsible for the road. This could be the local authority or a body such as Highways England or Transport Scotland. They will then be responsible for paying your compensation.

Causes of road traffic accidents

Some of the most common causes of road traffic accidents are:

• Careless or reckless driving
• Drivers impaired by alcohol or drugs
• Failing to look properly
• Losing control of a vehicle
• Making a poor turn or manoeuvre
• Not judging another driver’s path or speed

If your crash was the result of someone else’s actions, you could be entitled to make a compensation claim.

If an accident was my fault, can I claim?

Sometimes it’s not clear cut who is at fault for an accident. You may have been partly responsible for causing the accident. In this case, it may still be possible for you to make a claim if someone else was also to blame.

Split liability will come into effect here. This is when you take a certain amount of responsibility for the accident. This then affects how much your final compensation amount will be.

For example, if you were 40% responsible for the accident, your compensation will see a 40% deduction. So it is possible to pursue a road traffic accident claim if you were partly responsible.

If you’re not sure whether you can make a claim because you were partly at fault, the team at First4Lawyers can help clear things up.

How long do I have to make a claim?

Most people will have three years from the date of their road accident to make a compensation claim. But it is always advisable to begin the process as soon as possible.

This can make it easier to remember the details of what happened – for you and any witnesses. It can also be more straightforward to get hold of evidence, such as dash cam or CCTV footage.

Remember that not everyone faces the same three-year deadline, though. For example, if a child was injured in an accident, they can make a claim at any point up until their 21^st birthday. And if you’re claiming on behalf of someone who lacks the capacity to claim themselves, there is no deadline.

How can I fund my road accident claim?

Most of the claims First4Lawyers processes are done on a No Win No Fee basis, so it’s likely we can offer this service to you.

Among the benefits of a No Win No Fee claim are that there is nothing to pay upfront. This means you don’t have to worry about being able to afford to pursue justice for what happened to you.

As you don’t pay any legal fees if your claim is not successful, there is also no financial risk to you.

Where we offer No Win No Fee services for road traffic accident claims typically customers pay 35% + VAT of the amount recovered by our solicitors. Success fees are common practice and they were introduced when the law changed in April 2013.

This amount is higher than the normal 25% on all other personal injury claims because of changes introduced through the Civil Liability Act 2018.

But First4Lawyers and our legal experts are still here to help you claim the compensation you're entitled to.

What do I need to make a claim?

Successful claims are based on evidence. To give yourself the best chance of making a successful road traffic accident claim, certain pieces of evidence will help your solicitor build the strongest case possible.

Medical evidence is hugely important. Immediately after a road accident, you may not realise that you’ve been injured. This is why it’s important to get medical attention straight away and to pay close attention to your body in the days after your accident. Some injuries can only start to show symptoms up to 48 hours after the accident.

Your solicitor will usually arrange for you to have a medical assessment by an expert medical professional. This will typically involve them examining your treatment records and carrying out a physical exam. This can then prove how your injury has affected your health.

Photographs can make strong evidence. If you’re able to, take as many photos of the accident as you can. Video evidence is also welcomed by solicitors as it can help to present how damaging the accident was.

If there were any witnesses to your accident, you should get their contact details. Your solicitor may want them to provide witness statements to explain how the accident happened.

To find out what you’ll need to do to make a road traffic accident claim, just give us a call or start your claim online and we’ll talk you through the process.

We have helped thousands of people claim the compensation they are entitled to – people like Mr Ahmed, who was awarded £8,000 for his car accident. If you’ve been hurt through someone else’s actions, we could help you too.

Can passengers claim compensation?

Yes, if you’re a passenger who has been involved in a collision on the road and suffered injuries through no fault of your own, then you’re entitled to make a claim for compensation.

I was hit by an uninsured driver. Can I claim?

Yes, you can make a claim if you were hit by an uninsured driver.

With the help of our panel of solicitors, you can claim through the Motor Insurance Bureau (MIB).

Backed by every motor insurer in the UK, the MIB is a scheme set up to help compensate victims of accidents caused by uninsured and untraced motorists.

How long will a claim take?

The length of time it will take to make your claim depends on your individual circumstances.

Every case is different, so it’s very difficult to say at the early stages how long the process will be from start to finish.

Once your solicitor has completed their initial investigations into your case, they will be in a better position to advise you on how long the process is likely to take.

To give you a very general idea, a claim for minor whiplash, for example, could be completed in about six months. But in more complex cases, such as claims involving a life-changing injury, it could take over a year to be settled. The process could also be longer if the defendant disputes your claim.

You can contact one of our advisors to discuss your situation.

Our customer stories

We've helped thousands of people claim compensation for injuries that weren't their fault. Just some of them include:

• Mr Clarke, who was awarded £3,000 for a cycling accident
• Hannah, who received £1,800 after being in a bus accident
• Mr Ahmed and his family, who got £8,000 after a car accident