How To Sue For A Road Traffic Accident

Have you been in a road traffic accident that wasn’t your fault? Did someone else’s negligence cause you pain and suffering? Are you dealing with the consequences physically, emotionally and financially? If so, our guide on how to sue for a road traffic accident could help.

How To Sue For A Road Traffic Accident
How To Sue For A Road Traffic Accident Guide

No matter how minor or severe your injury was, if the accident wasn’t your fault, you could claim compensation. Our guide on making a personal injury claim can provide more detail on the process of claiming compensation. However, if you still have questions after reading, you can call our advisors for more information.

Our advisors can provide you with free legal advice on any questions you might have. For example, you may have questions along the lines of ‘are there any road traffic accident solicitors near me?’ 

For more information, call us on 0800 408 7827. Otherwise, continue reading about how to sue someone for a road traffic accident.

About Suing For A Road Traffic Accident

  1. A Guide On How to Sue For A Road Traffic Accident
  2. What Is A Lawsuit For A Road Traffic Accident?
  3. What Injuries Caused By A Road Traffic Accident Could I Claim Compensation For?
  4. Who Could I Sue For Road Traffic Accident Injuries?
  5. What Documents And Evidence Do I Need To Sue For A Road Traffic Accident?
  6. Do You Need To Visit A Hospital Or Doctor To Sue For Your Injuries?
  7. Work Out How Much You Could Sue For After A Road Traffic Accident
  8. When To Accept A Settlement Offer
  9. Do You Need A Solicitor To Claim Compensation?
  10. How To Sue For A Road Traffic Accident With A No Win No Fee Solicitor
  11. Ask Our Team About Suing For Road Accident Compensation
  12. Get Free Legal Advice
  13. FAQs On How To Sue For A Road Traffic Accident
  14. Resources

A Guide On How to Sue For A Road Traffic Accident

Accidents can happen when we least expect them to and aren’t uncommon. According to a report from the Department for Transport, there were 115,584 casualties of all severities caused by an accident on the road recorded in Great Britain in 2020. If you’re someone who’s suffering the consequences of this type of accident, our guide could help.

We’ll be taking a detailed look at what a No Win No Fee agreement is and the benefits of using a solicitor. Also, we’ll look at the duty of care you’re owed as a road user and when someone might be liable.

Additionally, we’ll be answering some common questions regarding the road traffic accident claim procedure. For example, ‘how much compensation will I get for a car accident injury?’ And, ‘do road users have a duty of care?’

You might be wondering how long does a road accident claim take? Well, the process can vary depending on how severe your injuries are, whether liability is clear and if the case needs to go to court.

If you’re worried about whether you have enough time to claim, there is usually a time limit. Generally, you have three years from the date of the accident to start the claim. This applies by law under the Limitation Act 1980. There are exceptions to this. 

If someone you know has suffered serious injuries, you may be able to claim on their behalf by acting as a litigation friend. However, this is only possible if the injured party is a child or lacks the mental capacity to make decisions independently. 

For more information on time limitations and claiming for someone else, contact our team, and they can help.

What Is A Lawsuit For A Road Traffic Accident?

If you’ve been involved in a car accident, you might be wondering what you should do. There are a few important steps you can follow.

Firstly, you should seek medical aid to ensure you receive proper treatment for any injuries you’ve sustained. Additionally, you should collect contact and insurance details from anyone involved in the accident. If you were driving a vehicle or riding a motorcycle when the accident took place, you should also contact your insurance provider about it as soon as possible.

There are many types of accidents that you could experience as a road user and multiple ways they can be caused. For example, the following factors could impact the safety of the roads:

  • Stopping Distance
  • Type of vehicle used, e.g. car, motorbike, bicycle, bus
  • Attitudes and attentiveness of road users
  • Weather affecting the condition of the roads 

Taking legal action means making a civil claim against the party you hold responsible. To be able to make a personal injury claim after a road traffic accident you first must prove that you are not wholly responsible for the incident. You must then establish whether the party you hold responsible owed you a duty of care in which was breached. Moreover, this negligence will have caused your injury. 

What Injuries Caused By A Road Traffic Accident Could I Claim Compensation For?

Although there are various injuries you could suffer as a road user in an accident, some are more commonly reported. The Department for Transport’s annual 2019 report on reported road casualties in Great Britain shows how often different injuries were reported during that year:

  • Fatal injuries 1,752
  • Serious injuries 25,945
  • Slights injuries 125,461
  • Total injuries suffered 153,158

If you’ve suffered any emotional or physical harm from a road accident that wasn’t your fault, you may be able to claim compensation in the form of general damages. This covers your physical and emotional pain and the impact your injuries have had on your quality of life. Some of the injuries that may be covered can include, broken hip, a broken cheekbone and broken ribs.

Additionally, you may also be able to claim for financial losses you may have suffered as a direct result of your injury. These losses would be covered under special damages. They can encompass a range of losses and expenses, such as:

  • Loss of earnings
  • Cost of care for yourself or others dependent on you
  • Travel expenses
  • Medical expenses

For more information on compensation and what you can claim, call our team on the number above.

Can you claim for whiplash?

It is possible to claim compensation for whiplash. Since the 31st May 2021, legislation known as the Whiplash Injury Regulations 2021 has been implemented in the UK. These regulations, also known as the Whiplash Reform Programme, apply to claims made on or after the date they were introduced. In summary, they allow low value road traffic injury claims valued at £5,000 or less to be settled through a Government-supported online portal. This only applies to drivers and passengers over 18. This portal can be used to settle low value whiplash claims, as well as claims for other minor injuries caused by a road traffic accident.

If you have any questions about claiming for whiplash, call our team for more information.

Who Could I Sue For Road Traffic Accident Injuries?

Do road users have a duty of care? Who is responsible for road safety? What is the standard of care of a driver? These are all questions which we’ll be exploring in this section.

Every road user has a duty of care to do everything reasonably possible to keep other road users safe. Duty of care can vary for each group. However, the Road Traffic Act 1988 sets out rules and regulations for all road users to follow. To keep each other safe road users should

  • Follow speed limits and pay attention to signs.
  • Be aware and considerate of other vulnerable road users such as pedestrians, cyclists and motorcyclists.
  • Have the correct license and insurance 
  • Ensure your vehicle is safe for the road
  • Cross at designated crossing areas 

If someone has breached their duty of care to you, they could be liable for your accident. However, determining liability isn’t always straightforward.

For example, if your accident happened because the local council failed to keep the roads safe, then liability could fall to them. Additionally, if you’re involved in a hit and run accident, the person liable for the accident might be untraceable.

If your accident is caused by a vehicle user who is untraceable or uninsured, then a claim can be sent to the Motor Insurers’ Bureau (MIB).

As liability can be difficult to prove sometimes, it’s important to have evidence to support your claim. See below for examples of what evidence could be useful to you.

What Documents And Evidence Do I Need To Sue For A Road Traffic Accident?

In order to claim compensation successfully, evidence is important. Different types of evidence could come in handy. For example, evidence to prove the accident happened, such as:

  • Witness statements
  • CCTV or dashcam footage or footage from traffic cameras
  • Pictures of the accident scene or cause of the accident, if possible 
  • Police reports 
  • Statement or diary describing your injuries 
  • Medical records

Additionally, you might require further evidence to prove any financial losses. For example:

  • Payslips for loss of earnings
  • Receipts for care, travel or medical expenses

Furthermore, you’ll need evidence to prove your injuries. See below for the type of medical evidence you might need to obtain. 

Do You Need To Visit A Hospital Or Doctor To Sue For Your Injuries?

As mentioned above, medical evidence is important in supporting your claim. It can help to prove the injuries you sustained were caused by the accident you’re claiming for. 

If you were in an accident, it’s important to seek relevant medical attention for any injuries. This initial assessment can form the basis of your medical evidence. A discharge letter and other notes related to this assessment could be collected by you or your hired solicitor.

Additionally, your solicitor may arrange an Independent Medical Assessment (IMA). This will provide an unbiased opinion from an independent medical professional on the state of your injuries. 

If you have any questions regarding the evidence you need for a personal injury claim, call our team for more information. They can talk you through how to sue for a road traffic accident.

Work Out How Much You Could Sue For After A Road Traffic Accident

If you’re wondering about road traffic accident compensation, some people may try to use a personal injury calculator to value their claim. However, these don’t tend to be accurate. Instead, we’ve created a table to give you an idea of how much you could claim for different injuries.

The table below features compensation brackets for different injuries you may claim for following a road traffic accident. These brackets are taken from the latest Judicial College guidelines (JCG), which is a document solicitors may use to value claims. 

The compensation amounts listed are for general damages only and do not cover any compensation you could claim for special damages. Your solicitor will work out special damages separately if you are eligible to claim for them.

Please use these figures as a guide only as they could vary depending on your specific circumstances. 

Injury SeverityAverage compensation amountComments
LegLess seriousUp to £11,110Simple fractures to tibia or fibula or soft tissue injuries
LegModerate£26,050 to £36,790Complicated or multiple fractures or severe crushing injuries, generally to a single limb.
ArmSimple Fractures £6,190 to £18,020Simple fractures of the forearm
ArmSubstantial Disablement£36,770 to £56,180Injuries resulting in permanent and substantial disablement
ElbowModerate or Minor InjuryUp to £11,820Most elbow injuries fall into this category. They comprise simple fractures, tennis elbow syndrome, and lacerations
ElbowSevere£36,770 to £51,460A severely disabling injury
KneeSevere£65,440 to £90,290Severe pain and discomfort that gives rise to a permanent disability. Treatment that is long and an arthroplasty or arthrodesis was needed.
KneeModerateUp to £12,900Lacerations, twisting, or bruising injuries.
AnkleModest InjuriesUp to £12,900The less serious, minor or undisplaced fractures, sprains, and ligamentous injuries.
AnkleModerate£12,900 to £24,950Moderate disabilities that have resulted from damaged ligaments or fractures.
FootSevere£39,390 to £65,710Extensive surgery possible heel fusion and ulceration and highly likely disability preventing the claimant from wearing normal shoes.
FootModestUp to £12,900Undisplaced minor metatarsal fractures.
HeadVery Severe£264,650 to £379,100Full care needed 24 hours a day. Has the ability to achieve basic commands and regular sleep patterns.
HeadMinor£2,070 to £11,980Minor brain or head injury
HeadModerate£40,410 to £85,150Moderate brain damage cases in which concentration and memory are affected.
WristPermanent disability £22,990 to £36,770Some movement remains but initial injury was significant.
HipSevere£73,580 to £122,860Complicated fractures of the pelvis area this causes a rupture in the lower back, possibly necessitating spinal fusion.

When To Accept A Settlement Offer

If you’re unsure when to accept an offer of compensation, a solicitor can advise on the best course of action to take. However, it’s important to note that you aren’t required to take the first offer.

A solicitor you’ve hired to support your case can advise on any settlement offers made to you. However, the final decision on whether to accept an offer will always be yours to make.

Do You Need A Solicitor To Claim Compensation?

Although you could claim road accident compensation without a solicitor, it can be beneficial to have a solicitor advising you through the process. A personal injury claim can take time, and a solicitor can support you through the legal process.

Furthermore, a solicitor can value your claim more accurately. They’ll use the JCG alongside a report from the Independent Medical Assessment if you’re solicitor has arranged one.

How To Sue For A Road Traffic Accident With A No Win No Fee Solicitor

We understand that accidents can add financial strain. In turn, this may impact your decision to use a solicitor to support your claim. However, you could choose to claim with a solicitor on a No Win No Fee basis. 

This essentially means that if your solicitor is unsuccessful, you won’t pay your solicitor’s legal fees. If your solicitor does win the case, you’ll pay a success fee. To cover their fee, your solicitor will take a percentage of your compensation as payment. The percentage they can take is legally capped. 

Another benefit of a No Win No Fee agreement is that you can avoid paying any upfront costs and any costs incurred over the course of the claim. 

For more information on how you can connect with a solicitor, call us now or use our online contact form. 

Ask Our Team About Suing For Road Accident Compensation

If you still have questions after reading our guide, our advisors can provide you with free legal advice. Additionally, they can help provide an estimate of how much road accident compensation you could claim. They will take into account:

  • The severity of your injury
  • Where it happened
  • How it happened
  • Evidence obtained 

Once they have these details, they can provide a more precise estimate than a personal injury calculator, which doesn’t always consider the above. See below for our contact details so you can get in touch with us for more information.

Get Free Legal Advice

Our advisors can answer any questions you still have on car accident claims. We can cover details such as:

  • No Win No Fee agreements
  • Claiming with a solicitor
  • Time limitations and claiming for someone else
  • Duty of care 

Additionally, they can connect you with a personal injury solicitor when you’re ready to claim. For more information, contact us on the following:

  •     Telephone number – 0800 408 7827
  •     Live chat at the bottom of the page
  •     Contact us using our enquiry form, and we’ll contact you at the time you specify 

FAQs On How To Sue For A Road Traffic Accident

How long does a road accident claim take?

It can vary depending on numerous factors. They include whether someone admits liability and whether or not the case needs to be taken to court. 

How much compensation will I get for a car accident injury?

Compensation amounts for car accident claims can vary depending on the type of injuries you suffered and how badly they affected you. See our compensation table above for more information. 

How much compensation do you get for whiplash?

If you suffered whiplash in a car accident, you could claim compensation. However, the amounts can vary. Additionally, the way you can claim for whiplash has changed as of 31st May 2021. For more information, see the government guide on Whiplash Reforms.

Resources

The Highway Code

For more information on road safety, see the Highway Code, which provides further guidance on the different rules for different road users.

How To Sue Your Local Council For Compensation

Did the local council cause your road traffic accident? If so, our guide on how to sue your local council could help.

How To Sue Your Employer For Compensation

Perhaps you had an accident at work? This guide explains how you may be able to sue your employer if they have acted negligently.

How To Sue For A Broken Nose Caused By A Road Traffic Accident

This guide offers guidance on how you can claim specifically for a broken nose injury caused by a road traffic accident.

How To Sue A Hospital

In this guide, we discuss how you may be able to sue if you are harmed by negligence while receiving care from a hospital.

We hope you found our guide on how to sue for a road traffic accident useful. Thank you for reading.