Road Traffic Accident Solicitors

A road traffic accident can cause serious injuries and affect many parts of your life. If you were injured because of someone else’s negligence, you may be able to make a road traffic accident claim and seek compensation.

Road traffic accident claims can involve car accidents, car crashes, cycling accidents, pedestrian accidents, motorcycle accidents and other road traffic collisions. You may be able to claim compensation if you were a driver, passenger, cyclist, pedestrian or another vulnerable road user.

A road traffic accident compensation claim can help you recover the support you need after the accident. Compensation may cover the injuries sustained, treatment and rehabilitation, lost earnings, care needs and other financial losses.

JMW’s road traffic accident solicitors help people across England and Wales with car accident claims, road accident claims and serious injury claims. We will explain your options, deal with the insurance company and guide you through the claims process.

Call JMW today on 0345 872 6666, or complete our online enquiry form, for a no obligation consultation about your road traffic accident claim.

How JMW Can Help

Motoring accidents and traffic collisions can take a variety of forms, from rear-end shunts to dramatic head-on collisions. This means that the possible injuries sustained can range from whiplash and slight bruising to serious, life-changing injuries, including damage to the head and spine. For those who are injured in incidents where a heavy goods vehicle (HGV) or motorbike was involved, the injuries sustained can be even more severe. 

If you have been injured in a road traffic accident that was not your fault, you should make a claim for compensation. Your claim will be made against the insurance company of whoever was responsible for the collision; if you were a passenger in a vehicle involved in a collision, this may even be the driver of your vehicle. If you were the driver - or if you were a cyclist, pedestrian or motorcyclist - and were hit by another road user, it would be made against the insurance company of the individual driving the vehicle that hit you.

We will help you identify the financial losses you have experienced as part of your road traffic accident and ensure they are included as part of your claim. For example, these could include:

• Loss of earnings
• Policy excess or the value of your vehicle
• Hire vehicle charges
• Medical treatment, rehabilitation and medication costs
• Property damage
• The costs of care and nursing, and any necessary aids and appliances
• Travel expenses

Our experts are knowledgeable and highly experienced in road traffic accident claims, so you can rest assured that making a claim with us after a traffic collision will mean that you stand the best chance of recovering the compensation you deserve.

Meet Our Team of Road Traffic Accident Solicitors

Our personal injury team at JMW is made up of dedicated and experienced professionals, here to offer compassionate support and expert guidance to help you through your road traffic accident claims.

Case Studies

When Can You Make a Road Traffic Accident Claim?

You may be able to make a road traffic accident claim if you were injured because of someone else’s negligence. This may include a car accident, car crash, motorcycle accident, cycling accident, pedestrian accident or another type of road traffic collision.

A claim may be possible where another road user caused the accident. This could include careless driving, reckless driving, failing to stop at traffic lights, unsafe manoeuvres or failing to follow the Highway Code.

You may also be able to claim compensation if the other party was uninsured or untraceable. In these cases, your claim may be handled through the Motor Insurers’ Bureau.

JMW’s road traffic accident solicitors will review what happened, who was involved and what injuries were sustained. We will explain whether you can make a compensation claim and guide you through the next steps.

Our legal team can also deal with the other party’s insurer on your behalf. This helps to keep the claims process clear and allows you to focus on your recovery.

What Types of Road Traffic Accident Can I Claim For?

Road traffic accident claims can arise in many different ways. JMW’s road traffic accident solicitors help people claim compensation after car accidents, road accidents, public transport accidents, cycling accidents and other road traffic collisions.

The pages below provide more detail on specific types of road traffic accident claim.

What Is the Road Traffic Accident Claims Process?

The road traffic accident claims process starts with understanding what happened, who was involved and what injuries were sustained. JMW’s road traffic accident solicitors will explain your options and guide you through each stage.

• Initial consultation: During the initial consultation, we will ask about the road traffic accident, the parties involved, the other party’s insurance details, your injuries and how the accident has affected you. We will then explain whether you may be able to make a road traffic accident claim.
• Gathering evidence: Evidence helps to show how the accident happened and how your injuries have affected you. This may include photographs, dashcam footage, witness details, police reports, medical records, insurance details, receipts and wage slips. JMW will gather the evidence needed to support your road traffic accident compensation claim.
• Medical evidence: Medical evidence is used to assess the injuries sustained and how they may affect you in the future. You may need a medical examination with an independent medical expert, who will prepare a medical report. This report can help to assess the value of your compensation claim and identify any treatment, rehabilitation or care needs.
• Dealing with the insurance company: In many road traffic accident claims, the other party’s insurer will be involved. JMW will deal with the insurance company on your behalf, present the evidence and respond to questions. If the other party was uninsured or cannot be traced, the claim may involve the Motor Insurers’ Bureau.
• Valuing and negotiating your claim: Once the medical and financial evidence has been gathered, JMW will assess the value of your compensation claim. This may include road traffic accident injuries, lost earnings, treatment, rehabilitation, care needs and other financial losses. We will then negotiate with the other party’s insurer or legal representative. If court proceedings are needed, we will explain what this means and support you throughout the legal process.

Dealing with insurance companies after a road traffic accident

Insurance companies are often keen to offer injured parties an out-of-court settlement straight away. This could happen once they have been contacted by a person needing to get their vehicle repaired, or once they are informed that a claim is being made against the party they represent. 

Insurance companies often make this decision because it saves them money, both in terms of legal fees and in avoiding paying victims the full amount of compensation to which they may be entitled. You may feel relieved that the insurance company has admitted liability without a lengthy legal process, and will accept the offer. However, doing this without fully understanding the long-term impact of your injuries, can lead to significantly less compensation than you deserve. Read our article on what happens once liability has been accepted to find out more about this process.

Accepting an offer before an injury claim has been fully investigated can lead to problems further down the line, as what might seem like an appealing settlement at first, might not be enough to cover your medical expenses, lost earnings or care for your family should your injuries worsen. Once you accept an offer to settle an injury claim, you cannot reopen your case - that is why it is important you seek legal advice before accepting any offer from an insurance company. 

A solicitor will advise you how much you should rightfully receive as compensation for your accident and help you to make informed decisions about your claim every step of the way. They will ensure that you get medical advice if your injury requires it, and diligently gather evidence that supports your claim.

According to data obtained by the Law Society, victims of accidents who take legal advice from a solicitor get up to three times more compensation than those who accept the first offer from an insurance company.

How Much Compensation Can You Claim For a Road Traffic Accident?

The amount of compensation you can claim for a road traffic accident will depend on the injuries sustained and the wider impact the accident has had on your life. Every road traffic accident compensation claim is assessed individually.

A compensation claim can include two main types of loss. These are general damages and special damages.

General damages

General damages relate to the pain, injury and impact caused by the road traffic accident. This can include physical injuries, psychological symptoms linked to a physical injury and the effect the injuries have on your day-to-day life.

The value of general damages will depend on several factors, including:

• the type of road traffic accident injuries sustained
• the severity of the injuries
• how long recovery is expected to take
• whether there is any lasting impact
• whether the injuries affect work, hobbies or independence
• the findings in medical reports from an independent medical expert

Road traffic accident injuries can range from broken bones and soft tissue injuries to brain injury, severe injuries and catastrophic injuries. More serious injuries may require ongoing rehabilitation, care and support. JMW will take these needs into account when valuing your road traffic accident claim.

Special damages

Special damages relate to financial losses caused by the accident. These can include losses you have already experienced and costs you may face in the future.

Special damages may include:

• lost earnings
• loss of future earnings
• private treatment and rehabilitation
• care and support
• travel costs linked to appointments
• prescription costs
• medical equipment
• adaptations to your vehicle or accommodation
• other financial losses caused by the accident

JMW’s road traffic accident solicitors will gather the evidence needed to support these losses. This may include medical records, medical evidence, wage slips, receipts, invoices and expert reports.

Interim payments

In some road traffic accident claims, JMW may be able to request interim payments before the claim concludes. These can help to fund treatment, rehabilitation, care or other immediate needs while the claim continues.

Interim payments can be especially important where someone has sustained serious injury, a brain injury or another life changing injury. JMW will consider whether interim payments are appropriate as part of the claims process.

How road traffic accident compensation is assessed

To value a road traffic accident compensation claim, JMW will look at the full impact of the accident. This includes the medical evidence, the injuries sustained and the financial losses caused by the accident.

The insurance company may also arrange a medical assessment. JMW can help you understand what this involves and will review the medical reports with you once they are available.

The final value of a compensation claim will depend on the evidence available and the long-term impact of the accident. JMW will explain how compensation is calculated and will keep you informed throughout the legal process.

You can also use JMW’s compensation calculator for a general guide to how much compensation may apply to different types of injury.

What Is the Time Limit for Making a Road Traffic Accident Claim?

In most cases, you have three years from the date of the road traffic accident to start a compensation claim. This time limit applies to many car accident claims, road accident claims and other traffic accident claims in England and Wales.

There are some exceptions. If the injured person is under 18, the three-year time limit usually starts on their 18th birthday. This means they usually have until their 21st birthday to start a road traffic accident claim.

Different rules may also apply if the injured person lacks the mental capacity to make a claim. In these circumstances, a family member or another suitable person may be able to make a claim on their behalf.

It is best to seek legal advice as soon as you can. Starting the claims process early can help your solicitor gather medical evidence, witness evidence, insurance details and other documents linked to the road traffic accident.

JMW’s road traffic accident solicitors can explain the time limit that applies to your circumstances. Take a look at our guide to the time limits for car accidents for more information.

Why Choose JMW?

Choosing the right legal representation is very important for a successful personal injury claim. Our firm is recognised for its excellence and expertise, by esteemed legal directories such as the Legal 500 and Chambers & Partners. When you decide to claim with us, you can be confident that you have the support of an experienced team with a proven record of success at your back.

At JMW, our legal team possesses a wealth of knowledge and experience in handling road traffic accident claims. Our solicitors specialise in this area of law, to ensure that you receive expert legal advice tailored to your specific circumstances. We are committed to achieving the best possible outcomes, drawing on our solicitors' in-depth understanding of road traffic legislation and insurance policies.

We offer no win, no fee agreements on all accepted personal injury claims, meaning you can pursue a compensation claim without the worry of upfront legal costs. If your claim is not successful, you will not be required to pay our fees.

We understand that every road traffic accident claim is unique, with its own set of circumstances and challenges. Our expert road traffic accident lawyers take a personalised approach, focusing on understanding and addressing your individual needs and concerns. We make the legal process as straightforward and stress-free as possible, so that you are informed and supported every step of the way.

Q

What should I do after a road traffic accident?

A

After a road traffic accident, you should seek medical attention as soon as possible. This helps to protect your health. It also creates medical records that can support your road accident claim.

Once you are safe, try to gather useful evidence. This may include:

• the names of anyone who witnessed the accident
• their addresses
• their telephone numbers or email addresses
• photographs of the accident scene
• photographs of vehicle damage
• insurance details from the other party
• police details if the accident was reported

You should contact the police if the other driver leaves the scene or refuses to provide their address or insurance details. This can help to create evidence for your road traffic accident claim.

Q

How is liability determined in a road traffic accident claim?

A

Liability in a road traffic accident claim is assessed by looking at the evidence. This may include police reports, witness statements, photographs, dashcam footage, traffic camera footage and insurance details.

This evidence is used to decide which party was responsible for the accident. In some cases, liability is clear. In others, further evidence may be needed before responsibility can be agreed.

Q

Can I still claim compensation if the accident was partly my fault?

A

You may still be able to claim compensation if you were partly at fault for the road traffic accident. This is known as contributory negligence.

If contributory negligence applies, the compensation you receive may be reduced to reflect your share of responsibility. Your solicitor will explain how this may affect your compensation claim.

Q

What if the other party is uninsured or underinsured?

A

If the other party involved in the road traffic accident is uninsured or underinsured, you may still be able to claim compensation through the Motor Insurers’ Bureau.

The claims process is different from a standard road traffic accident claim. Your solicitor can explain what information is needed and guide you through the process.

Q

How long does a road traffic accident claim take?

A

The time it takes to complete a road traffic accident claim depends on the circumstances. Relevant factors include the severity of the injuries, the medical evidence required and whether the other party accepts responsibility.

Some claims may be resolved in a shorter period. More complex claims can take longer. If the claim is likely to take more time, JMW will consider whether interim payments can be requested to help with treatment, rehabilitation or care while the claim continues.

Q

Do I have to go to court for my road traffic accident claim?

A

Most road traffic accident claims do not require a final court hearing. However, court proceedings may be needed if the other party disputes responsibility or if compensation cannot be agreed.

If court proceedings are needed, JMW will explain what this means. Your solicitor will prepare your claim and represent you throughout the legal process.

Q

What fees are associated with hiring a solicitor for a road traffic accident claim?

A

JMW handles many accepted road traffic accident claims on a No Win No Fee basis. This means you will not usually need to pay upfront legal fees to start your claim.

The specific terms of the fee agreement and any legal costs will be explained before your claim begins.

Q

Can I get access to physiotherapy immediately?

A

JMW understands the importance of accessing rehabilitation after a road traffic accident. We can help you explore whether physiotherapy may be arranged quickly as part of your claim.

The timing will depend on your circumstances. In some cases, access to physiotherapy can begin within days of the first assessment.

Physiotherapy can support recovery from road traffic accident injuries and help you return to day-to-day life.

Q

How do I arrange a vehicle inspection?

A

If your vehicle has been damaged in a road traffic accident, JMW can make arrangements for it to be inspected by a qualified vehicle engineer.

The inspection can help to establish the cost of repairs or the written-off value of the vehicle. This evidence can then be considered as part of the claim.

Q

How do I arrange a like-for-like replacement vehicle?

A

JMW will seek to ensure that you are provided with a like-for-like replacement vehicle while your own vehicle is off the road.

This can reduce disruption while your vehicle is being repaired or while the insurance company considers the vehicle damage.