Martin taggart

1. What Is a Road Traffic Accident Claim? A road traffic accident (RTA) claim is a legal process where individuals seek compensation for injuries, vehicle damage, or financial losses after being involved in a motor-related incident caused by another party’s negligence. Claims can be made by drivers, passengers, pedestrians, cyclists, or motorcyclists.
2. Who Can Make a Road Traffic Accident Claim? You may be eligible if:
   • You were injured in a traffic accident that wasn’t your fault
   • You were a passenger, pedestrian, or cyclist hit by a vehicle
   • You’ve suffered vehicle damage or financial loss due to the incident
   • You’re claiming within three years of the accident date
   Even if you were partly at fault, you might still be entitled to compensation under contributory negligence rules.
3. Common Types of Road Traffic Accidents
   • Rear-end collisions
   • Side-impact (T-bone) accidents
   • Head-on crashes
   • Multi-car pile-ups
   • Accidents involving cyclists, pedestrians, or motorcyclists
   • Hit-and-run or uninsured driver incidents
4. What to Do After a Road Traffic Accident
   • Check for injuries and call emergency services if needed
   • Exchange contact and insurance details with the other driver(s)
   • Take photos of the scene, vehicle damage, and road layout
   • Speak to witnesses and collect their contact details
   • Report the accident to the police if necessary (e.g., serious injury or uncooperative drivers)
   • Inform your insurer as soon as possible
5. What Can You Claim Compensation For? A successful RTA claim can cover:
   • Pain, suffering, and loss of enjoyment of life (general damages)
   • Medical expenses and rehabilitation
   • Loss of earnings or future income
   • Vehicle repair or replacement costs
   • Travel costs for treatment or vehicle hire
   • Psychological trauma (e.g., PTSD, anxiety)
   • Care or assistance costs
6. How to Make a Road Traffic Accident Claim
   • Contact a solicitor or claims company for a free case assessment
   • Provide details of the accident, injuries, and financial losses
   • Sign a Conditional Fee Agreement (no win no fee)
   • Your solicitor gathers evidence and medical reports
   • They submit the claim to the at-fault driver’s insurer
   • Negotiate a settlement or proceed to court if necessary
7. What Is a No Win No Fee Claim? No win no fee means:
   • No upfront costs to start your claim
   • You only pay legal fees if your claim is successful
   • The fee is usually a percentage (up to 25%) of your compensation
   • Many firms include ATE insurance to protect you from costs if you lose
8. Claiming Against an Uninsured or Hit-and-Run Driver If the other driver is uninsured or flees the scene, you can claim through the Motor Insurers’ Bureau (MIB). The MIB compensates victims of untraceable or uninsured drivers and follows similar rules to standard RTA claims.
9. How Long Do Road Traffic Accident Claims Take?
   • Simple claims: 3–6 months
   • Moderate to serious injury claims: 6–18 months or more
   • Delays can occur if liability is disputed or long-term prognosis is uncertain
10. Time Limit for Making a Claim

In the UK, the time limit for starting an RTA claim is three years from the date of the accident. For children, the time limit starts at age 18 and ends at 21. Different rules may apply for those lacking mental capacity.

11. Do Road Traffic Accident Claims Go to Court?

Most claims are settled out of court through negotiations with the insurer. However, if:

• Liability is denied
• Compensation offers are too low
• Medical evidence is disputed

…then your solicitor may recommend court proceedings.

12. Medical Assessments and Evidence

For injury claims, a medical assessment is required to:

• Diagnose your injuries
• Confirm the cause of your injuries
• Assess long-term impact
• Help calculate your compensation

Your solicitor will arrange this appointment with an independent expert.

13. Can You Claim for Psychological Injuries?

Yes. Emotional and psychological harm caused by an accident can be included, such as:

• PTSD
• Anxiety
• Depression
• Phobias (e.g., fear of driving)

These conditions must be diagnosed by a medical professional.

14. Passenger Injury Claims

Passengers can claim compensation regardless of which driver was at fault. They are considered innocent parties, even if riding in the at-fault vehicle.

15. How Compensation Is Calculated

Factors include:

• Nature and severity of injury
• Length of recovery
• Financial losses and future expenses
• Loss of quality of life
• Expert medical reports and witness testimony

Frequently Asked Questions

• What if the accident was partly my fault?
  You may still claim under contributory negligence, though your compensation may be reduced.
• Can I claim if I wasn’t wearing a seatbelt?
  Yes, but your payout may be reduced if not wearing one contributed to your injuries.
• Can I make a claim if the accident happened abroad?
  Possibly. Seek legal advice quickly, as time limits and procedures differ in other countries.
• What happens if I’ve already accepted an insurance offer?
  Once accepted, it’s usually final. Avoid accepting early offers without legal advice.
• How much is the average road traffic accident claim worth?
  Minor injuries may receive £1,000–£5,000, while serious injuries can exceed £100,000.
• Can I make a claim for whiplash?
  Yes. However, whiplash claims now follow stricter rules under the Official Injury Claim portal (in England and Wales).

Conclusion

If you’ve been involved in a road traffic accident, you have the legal right to claim compensation for your injuries, losses, and damages. Acting quickly, gathering strong evidence, and working with an experienced solicitor—especially on a no win no fee basis—can significantly improve your chances of a successful outcome. Don’t suffer in silence—take the first step toward recovery and justice today.