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Road Traffic Accident Compensation Claims
If you have had a road traffic accident that was not your fault, either as a driver or passenger, you are entitled to pursue a compensation claim. The expert solicitors at JMW will deal with the entire process for you, offering an excellent legal service that lets you get on with what's really important - making a full recovery from your accident.
For comprehensive yet easy-to-understand advice on this area of law, and to get your claim started, don't hesitate to get in touch. Do so by calling 0800 054 6570 or by completing our online enquiry form and we will give you a call back.
What Our Clients Say
Motoring accidents can take a variety of forms, from rear end shunts to dramatic head-on collisions. This means therefore, that injuries sustained can range from whiplash and slight bruising to serious, life-changing injuries, including damage to the head and spine. If you have been injured in a road traffic accident that was not your fault, you will be in a position to make a claim for compensation.
Your claim would be made against the insurance company of whoever was responsible for the collision. If you were a passenger in a vehicle involved in a crash, this may or may not be the driver of your vehicle. If you were the driver, or if you were a cyclist, pedestrian or motorcyclist and were hit by a third party, it would be made against the insurance company of the individual driving the vehicle that hit you.
There are a plethora of injuries that can be sustained as a result of a motor accident. Some of the most common types of car accident injuries we have dealt with include:
- Whiplash - caused by the sudden movement of the head and neck, which can result in muscle or ligament damage
- Back injury - which can result in limited mobility and ongoing pain and discomfort
- Broken bones - varying from minor fractures to full abrasions
- Brain and head injury - which can vary in severity but is always likely to require specialist attention
Bus and Coach Accidents
If you have been involved in a bus or coach accident that wasn’t your fault, you are entitled to make a claim for compensation. For more information, visit our dedicated page.
Whether you are a driver, a passenger, a cyclist or a pedestrian involved in a car accident that wasn’t your fault, then you are entitled to make a claim for compensation. Any compensation claim will be made up of two types of funds, which are as follows:
- General damages - this is a sum for the injuries you sustained during the car accident, the severity and your recovery time. The overall figure is determined using personal injury guidelines and previous similar cases. For an estimation of the compensation you could receive, take a look at our compensation calculator.
- Special damages - this sum is for any financial losses that you have incurred as a result of the car accident. This can include:
- Loss of earnings
- Medical expenses, such as physiotherapy
- Travel costs
- Care and assistance
- Damage to a vehicle or bicycle
Overall compensation sums will vary from claim to claim, simply as no two accidents are the same, and no two sets of individual circumstances are the same. The goal with any claim is to put you back in the position you would have been in, were it not for the accident, so it is important that we are able to understand your circumstances before the accident, and how your injuries have impacted them. We would advise that you retain any receipts and other documents for purchases made as a direct result of the accident, as these can be used as evidence to strengthen your case.
Hit and Run Accidents
Visit our hit and run drivers page for more information on making a claim if you’ve been injured in this type of accident.
If you been injured in an accident involving a motorcycle that was caused by somebody else’s negligence, visit our motorcycle accidents page to make a claim for compensation.
If you’re a pedestrian that has been involved in a road traffic accident that wasn’t your fault, visit our dedicated page to make a claim for compensation.
In the immediate aftermath of a collision and once you are safe and any immediate medical needs you have are seen to, there are certain steps you should take to support a potential compensation claim. These measures can help to prove that another person was responsible for the incident and help to ensure your claim is a success.
You should take down the following information from anyone who witnessed the incident:
- Telephone number/email address
If the witnesses consent to provide one, a statement of their version of events can be hugely supportive in any claim you make.
Remember to also take photographs of the scene of the incident if you are able to. You should contact the police and report the incident immediately if the other driver:
- Has no valid insurance
- Flees the scene
Dealing with Insurance Companies After a Road Traffic Accident
According to statistics the Law Society obtained from the Financial Services Authority, 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.*
Insurance companies are often keen to offer injured parties an out of court settlement straight away, either once they’ve been contacted by a road traffic accident victim with a need to get their vehicle repaired, or once they have word that a claim is being made against the party they represent. They do this because it saves them money both in legal fees and in paying higher compensation amounts to the victims of accidents.
Many victims feel relieved that the insurance company has admitted liability without a lengthy legal process and will accept the offer without thinking of the implications of settling and without fully understanding the long term impact of their injuries.
An accident victim can often receive an offer to settle their claim from the other party’s insurance company before even having a chance to seek proper medical advice, let alone legal advice. This is an all too familiar occurrence when it comes to injured individuals, with insurance companies seeking to resolve claims quickly and cheaply, with no regard for the injured victim.
Accepting an offer before an injury claim has been fully investigated can lead to problems further down the line.
What might seem like an appealing settlement at first might not be enough to cover your medical expenses, recover lost earnings or to care for your family should your injuries worsen, which many illnesses commonly sustained in road accidents do. And once you accept an offer to settle an injury claim, you cannot then re-open your case.
Always seek independent legal advice
The Law Society’s 2013 “Don’t get mugged by an insurer” campaign urged people to seek legal advice before accepting any offer from an insurance company. This is something that we at JMW Solicitors fully supported, and we would advise anyone considering making a claim to speak to a qualified legal professional.
Insurance companies want to avoid court as this will result in huge bills for them and potentially larger payouts. However, for innocent victims of accidents, a solicitor will remain impartial, working in your best interests. 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, even if this does mean a visit to court. They will ensure that you get objective medical advice if your injury requires it, and diligently gather evidence that supports your claim.
*Statistics used in the Law Society's 2013 "Don't get mugged by an insurer" campaign
Accessing immediate physiotherapy is often an important part of the recovery following a road traffic accident. At JMW we are able to offer such access to those who have been hurt in this type of accident and require physiotherapy treatment, helping to speed up the recovery process. For more information, click here.
Whiplash is one of the most common injuries suffered following a road traffic accident. If you have suffered whiplash in an accident that was not your fault, or would like to find out more about claims of this type, click here.
A rear-end collision, often referred to as a shunt, is a road traffic accident that involves a vehicle crashing into another vehicle in front of it. This can often cause the driver and any passengers in the front vehicle to violently jerk forward, resulting in a whiplash injury. These accidents are usually caused by drivers not paying attention, adverse road conditions or not leaving a long enough stopping distance.
If you have been injured in a rear-end collision that was caused by somebody else’s negligence, you are entitled to make a claim for compensation for your injuries and should speak to a solicitor as soon as possible.
What Financial Losses Can I Claim For?
Our team will help identify the financial losses you've experienced as part of your accident and ensure they are included as part of your claim. For example:
- Loss of earnings
- Policy excess or the value of your vehicle
- Hire car charges
- Medical treatment, rehabilitation and medication costs
- Property damage
- Costs of care and nursing, and any necessary aids and appliances
- Travel expenses
How Do I Arrange a Like-for-Like Replacement Vehicle?
We can also arrange for you to be provided with a like-for-like replacement courtesy car to ensure that while your own vehicle is off the road, your inconvenience is minimised.
How Do I Arrange a Vehicle Inspection?
We pride ourselves on going above and beyond the call of duty for our clients. If your vehicle has been damaged, we can make the necessary arrangements for it to be inspected by a qualified vehicle engineer with a view to either getting the insurers to pay for your repairs, or pay you for the written-off value of the car.
Can I Make a Claim Against an Uninsured Driver?
You can still claim compensation even if the driver of the other vehicle was not insured. This can be done through the Motor Insurers' Bureau (MIB), an organisation set up to compensate victims of uninsured or unidentified drivers. Whilst the team at JMW can still handle these claims on your behalf, certain conditions must be met in order for the MIB to deal with your claim. These are:
- Claims have to be registered with the MIB within nine months of the accident
- The incident should be reported to the police within five days
For more information on making a claim for an accident caused by an uninsured driver, visit our dedicated page.
Our team of experts will guide you through the whole procedure of making a road traffic accident compensation claim in a straightforward way. We aim to make your claim as stress-free a process as possible.
We operate on a no win, no fee basis, meaning that making a claim with us is a risk-free process. Our experts are knowledgeable and highly experienced in motor accident claims, so you can rest assured that making a claim with us will mean that you stand the best chance of seeing the compensation you deserve.