Being involved in a road traffic accident can be challenging, particularly when managing injuries and their impact on your daily life. Understanding the claims process can make it easier to recover from the incident and seek the compensation you deserve. At JMW Solicitors, we specialise in supporting individuals injured in road traffic accidents, guiding them through every step of their claim.

Here we explain the road traffic claims process, helping you take the right steps after a road traffic accident.

First Steps After a Road Traffic Accident

After a road traffic accident, your immediate priority should be safety. Check yourself and others involved for injuries. If anyone has sustained serious injuries or appears unable to move, contact emergency services immediately. Even if the injuries seem minor it’s still advisable to seek medical advice to assess the extent of the harm.

Once the scene is safe, take steps to gather the information needed to support any potential claim. Acting promptly at this stage can assist in building a stronger case.

Immediately after the accident

• Seek medical attention: regardless of whether you sustained minor injuries or something more serious, obtaining a medical examination after an accident is always recommended. This is not only for your health but also for your claim. A report from a qualified medical professional provides valuable medical evidence that can support your case, particularly if you are seeking compensation for whiplash injuries or other physical harm.
• Exchange information: share your name, address, phone number, and insurance details with the other drivers involved. If the other party is unwilling to provide their information, you may need to report this to the police. If the driver is an uninsured driver, it’s especially important to record as much information as possible, including their vehicle registration number.
• Document the scene: use your phone or a camera to take clear photographs of:
• The vehicles involved and the damage sustained.
• The accident location, including road markings, weather conditions, and any hazards.
• Visible injuries, whether minor injuries like cuts and bruises or more serious injuries.
• Look for witnesses: independent witnesses can be an invaluable source of evidence. Ask for their names and contact details so your solicitor can follow up if needed.
• Report to the police: certain circumstances require police involvement, such as when someone is injured, the other driver leaves the scene, or there is significant damage. A police report can provide additional evidence to support your case.
• Notify your insurer: contact your insurance company to inform them of the accident, even if you don’t intend to make a claim against your policy. This is often a condition of your insurance, and failing to report the incident could affect future claims.

Determine Liability

Establishing who is at fault is an important part of the claims process. Liability is determined by examining the evidence, including:

• Photographs from the scene.
• Witness statements.
• Police reports, if available.

If you suspect the other party does not have insurance, or if they leave the scene without providing their details, you may still be able to claim compensation. The Motor Insurers Bureau (MIB) exists to help individuals who have been injured in accidents involving uninsured or untraceable drivers. Your solicitor can guide you through the process of submitting a claim to the MIB.

Calculate Compensation

When making a personal injury claim following a road traffic accident, the compensation you receive is based on the losses and harm you have experienced. This includes both the physical impact of the road traffic accident injuries suffered and the financial consequences of the accident. Compensation is typically divided into two main categories: general damages and special damages.

General damages

General damages are awarded to recognise the pain, suffering, and loss of amenity caused by the accident. This covers how the injuries have affected your daily life, including any limitations on activities you previously enjoyed. For example, if your injuries have made it difficult to work, care for your family, or participate in hobbies, this would be considered under general damages.

Special damages

Special damages cover the financial losses that arise from the accident. These could include:

• Lost income: if your injuries have prevented you from working, you can claim for the wages you have missed out on and, in some cases, any future earnings you may lose if your ability to work is affected long-term.
• Medical expenses: this includes the cost of treatments, prescriptions, and any necessary rehabilitation. If your injuries require specialised equipment or home adaptations, these costs may also be included in your claim.
• Vehicle repair or replacement: if your car was damaged in the accident, the cost of repairs or replacing the vehicle can be claimed as part of your road traffic accident compensation.
• Travel expenses: these may include trips to medical appointments, using alternative transport while your vehicle is being repaired, or additional travel costs resulting from the accident.

Factors that affect compensation

When calculating how much compensation you may receive, several factors are taken into account, including:

• The road traffic accident injuries suffered, including their severity and the expected recovery time
• The long-term impact on your life, such as ongoing medical needs or the inability to return to work
• The quality and availability of evidence, such as medical reports and receipts for expenses

A solicitor’s expertise can make a difference in achieving a successful personal injury claim by accurately calculating the value of both general and special damages.

Early compensation payments

In some cases, it may be possible to access early compensation payments, also known as interim payments. These can help cover immediate expenses, such as treatment costs or lost income, while your claim is still ongoing. This can be particularly helpful if the accident has caused financial strain.

Legal costs and working with your insurance company

Your insurance company may also play a role in the process, particularly if they are handling aspects of the claim on your behalf. However, it’s always beneficial to seek independent legal advice to fully understand your options and rights.

Submitting the Claim

The claims process begins by submitting a formal claim to the responsible party’s insurer. This involves outlining the details of the accident, the injuries sustained, and the evidence supporting your case.

At JMW, we manage this process on your behalf, handling communication with insurers and building a robust argument for your claim. If an agreement cannot be reached, the case may progress to court. However, most cases are settled without needing to take this step.

It’s important to act within the legal time limit for filing a claim. In the UK, this is generally three years from the date of the accident. Starting early allows time to gather evidence and prepare your case effectively.

Use a Solicitor for Settlement or Court Proceedings

The majority of road traffic accident claims are resolved through settlement discussions with the responsible party’s insurer. This approach avoids the need for court proceedings and often results in a quicker resolution.

In rare occurrences where court involvement is necessary, JMW will prepared to guide you through the process. We provide clear advice and strong representation, keeping you informed every step of the way. Our aim is to make the process as straightforward as possible while achieving the best outcome for your case.

Understanding the road traffic accident claims process can make a difficult time less stressful. Taking the right steps after a road traffic accident, from gathering evidence to seeking medical assessments, can have a positive impact on the outcome of your claim.