Accidents involving vehicles can result in life-changing injuries. We examine who could be eligible to begin a road traffic accident compensation claim in this guide. You will find information regarding the duty of care owed by road users to each other, with example scenarios of how a breach of this duty can result in a road traffic accident.

Being hit by an uninsured or unidentified driver can cause significant distress. That’s why we have taken the time to explain how you can still make a claim for compensation if you were injured by an uninsured driver or in a hit-and-run incident by claiming through the Motor Insurers Bureau.

We also include a list of possible evidence that could be used to support personal injury claims, such as medical evidence, and we explain how specialist road traffic accident claim solicitors could support you in acquiring evidence for your case. 

The final section of this road traffic accident claims guide explores how a solicitor from our expert panel could take on your case under a specific No Win No Fee agreement, and what advantages this has for claimants.

Our advisory team are available to take your questions 24/7 free of charge. They can also provide a free assessment of eligibility for road traffic accident claims. Get in touch today by:

• To learn about the road traffic accident claims process fill in our Claim Online form. Our advisors will assess your claim for free and can get you ready to start your road accident claim. If a solicitor from our panel takes on your case for road traffic accident injuries, they will do so under a No Win No Fee agreement. 

Jump To A Section

1. When Am I Eligible To Claim Road Traffic Accident Compensation?
2. Can I Claim Compensation If The Other Driver Is Uninsured Or Doesn’t Stop?
3. What Could My Road Traffic Accident Injury Be Worth?
4. What Do I Need To Make A Personal Injury Claim?
5. How Long Do I Have To Claim Road Traffic Accident Compensation?
6. Can I Make A No Win No Fee Road Traffic Accident Claim?
7. Learn More About Making A Road Traffic Accident Compensation Claim

When Am I Eligible To Claim Road Traffic Accident Compensation?

Drivers who navigate the roads in a negligent manner can put other road users at serious risk of injury, contravening the duty of care owed by all road users to prevent one another from sustaining harm. By failing to adhere to the rules set out by the Road Traffic Act 1988 and the Highway Code, road users put themselves and others at risk of potentially serious injury.

The eligibility criteria to begin a personal injury claim following a road traffic accident are:

1. You were owed a duty of care by another road user.
2. That road user breached this duty
3. This breach caused a road traffic accident in which you were injured.

Examples of Driver Negligence That Could Lead To Road Traffic Accident Claims

• A van travelling in the wrong direction along a one-way street, resulting in a head-on collision with your vehicle. You suffered multiple serious injuries, including a head injury, leg injury and shoulder injury resulting in permanent disability. 
• You were cycling along a main road when a car pulled out of a driveway without due care and attention. The collision knocked you from your bicycle, causing very serious injuries such as a badly broken leg and neck injury.
• You were hit by a speeding car when crossing a street. The collision caused serious damage to your spine as well as breaking a number of other bones.

Our advisory team have considerable experience in assessing road traffic accident claims. To get your particular circumstances assessed for free, or to ask any questions you may have about claiming compensation following a road traffic accident, get in touch today. You can reach our team 24/7 using the contact given above.

Can I Claim Compensation If The Other Driver Is Uninsured Or Doesn’t Stop?

Under the Road Traffic Act, exchanging insurance information as well as contact details for all drivers involved must take place if damage or injury is caused in a road traffic collision. Being hit by an uninsured driver or in a hit-and-run incident can make the claims process more challenging because a claim cannot be made through an insurance company, but you can still make a claim.

The Motor Insurer’s Bureau (MIB) provided a mechanism for victims of accidents caused by uninsured or untraceable drivers. Road users involved in accidents with uninsured or untraceable drivers make their claims through the Motor Insurers Bureau, but only if the uninsured driver is at fault for the accident. Instead of being compensated by the negligent driver’s insurance, you are compensated by the MIB.

You will still need to show that the other driver was negligent in the road accident in order to claim through the MIB. Our advisory team can assist you in this regard. Get in touch today using the information given above.

What Could My Road Traffic Accident Injury Be Worth?

Personal injury compensation is made up of two different heads of claim. Your physical as well as psychological injuries are compensated under general damages. Financial losses stemming from those injuries are compensated under special damages.

While calculating a potential figure for general damages in your claim, reference can be made to the Judicial College Guidelines (JCG). This is a publication from the Judicial College that details various types of injury with guideline compensation brackets for each.

You can view a selection of JCG brackets for possible road traffic accident injuries below. The first entry was not taken from the JCG figures, and the last two entries are from the Whiplash Injury Regulations 2021.

Compensation Table

This table has been included to act as a guide only.

Injury	Severity	Guideline Amount	Notes
Multiple Severe Injuries And Special Damages	Severe	Up to £1,000,000+	Compensation for multiple severe injuries along with lost earnings, care costs and other special damages.
Paralysis	Tetraplegia (a)	£324,600 to £403,990	Paralysis of the upper and lower body. Cases where the injured person has full awareness, is not in pain and has a life expectancy of at least 25 years will attract an award in the middle of this bracket.
	Paraplegia (b)	£219,070 to £284,260	Lower body paralysis. Awards are influenced by the level of independence, extent of pain, life expectancy and any related psychological problems.
Brain Damage	Very Severe (a)	£282,010 to £403,990	The injured person will have little environmental response, no language function double incontinence and require full time nursing care.
	Moderate (c)(i)	£150,110 to £219,070	Moderate to severe intellectual deficit, personality change, impact on the senses and significant epilepsy risk.
Back Injuries	Severe (a)(i)	£91,090 to £160,980	Damages of both the nerve roots and spinal cord causing severe pain and disabilities such as paralysis and impaired bladder and sexual function.
Epilepsy	Established Grand Mal (b)	£102,000 to £150,110	Awards for epilepsy depend on the impact on work and social interactions, related behavioural problems, the prognosis and whether medication is successful in controlling attacks.
Leg Injuries	Severe (b)(ii)	£54,830 to £87,890	Cases involving multiple fractures that have taken years to heal resulting in lifelong mobility problems necessitating crutches or other aids.
Shoulder Injuries	Serious (b)	£12,770 to £19,200	Dislocated shoulder with lower brachial plexus damage resulting in a weakness of grip, aching in the elbow and sensory symptoms in the forearm and hand.
Whiplash	One or more whiplash injuries with minor psychological injury	£4,345	At least one whiplash injuries with one or more minor psychological injuries lasting between 18 and 24 months
	One or more whiplash injuries	£4,215	One or more whiplash injuries lasting more than 18 months, but not more than 24 months.

Special Damages

Monetary losses associated with your injuries can be reimbursed as part of special damages. We have detailed some possible costs you could be compensated for in a personal injury claim after a road traffic accident here:

• Lost earnings from time taken off work to recover from your injuries.
• Medical expenses you have to pay out of pocket, such as prescriptions or physiotherapy.
• Travel expenses to and from work if your injuries have rendered you unable to drive.
• Care or assistance within the home with food preparation or cleaning if you are unable to carry out these duties safely by yourself.

Retain copies of any receipts, payslips, travel tickets and other documentation that demonstrates you suffered financial losses as a result of your injuries. 

How Do I Claim For Whiplash and Soft Tissue Injuries?

The Whiplash Reform Programme altered the way in which minor injuries and soft tissue injuries such as whiplash are claimed for in road traffic accident claims. Road traffic accident compensation for whiplash is now valued in accordance with the fixed tariff from the Whiplash Injury Regulations 2021. 

Adult passengers and drivers who have sustained injuries in road accidents valued at £5,000 or less will need to make their claims through a different method. Injured persons whose claims are valued at above £5,000, or if claiming on behalf of a child, will make their claim through the traditional avenue, although the new whiplash tariffs will apply. 

Speak to our advisors to learn more about how to claim for whiplash. They can also provide a more detailed estimate of how much compensation you could receive. Our dedicated team is available 24 hours a day via the contact details given below.

What Do I Need To Make A Personal Injury Claim

Assembling a thorough body of supporting evidence will form a key part of the personal injury claim process. Some examples of what evidence is needed in a personal injury claim include:

• It is always recommended to seek medical attention following an accident. This is beneficial for your well-being, but this will produce medical evidence showing what harm you sustained.
• You should also keep a diary, with a particular focus on the medical care you received and your symptoms, during your treatment.
• CCTV footage or footage from a dashcam or similar device can be very useful in showing the accident taking place.
• Photograph the scene of the accident and your injuries. 
• Any potential witness could be asked to give a statement, so be sure you take their contact information so they can give their statement during the claims process. 

It may be beneficial to work with a legal expert as they will help in the collecting of evidence for your road traffic accident claim as part of the service they offer. Our advisors can assess your eligibility to begin a claim, and they could connect you with one of the personal injury solicitors from our panel who could provide free legal advice.

A solicitor could help you collect a strong body of evidence in addition to making sure your road accident claim is brought within the relevant time limit.

Get a free assessment of your eligibility to begin a claim today by calling the number below and speaking to our road accident claims team. 

How Long Do I Have To Claim Road Traffic Accident Compensation?

The time limit to begin a personal injury claim is contained within the Limitation Act 1980. In most cases, personal injury claims are subject to a limitation period of 3 years from the accident date in order to initiate court proceedings. This means you have up to three years to start an injury claim in most cases. 

However, certain exceptions can apply to this. For example, if the injured person was a minor at the time of the accident, the 3-year limit is counted from their 18th birthday. Injured persons who lack the mental capacity to pursue the claim themselves have the time limit frozen indefinitely. In cases where the injured person recovers their capacity, the 3-year limit is counted from the recovery date.

In both of these circumstances, a suitable adult can apply to act as a litigation friend and pursue the claim on the injured person’s behalf. You can learn more about how long after a car accident you could begin legal action, as well as find out if any exceptions apply to your potential claim for road traffic accident compensation by speaking to our advisors. Talk to our team today via the contact information given above.

Can I Make A No Win No Fee Road Traffic Accident Compensation Claim?

When making a claim for road traffic accident compensation against the other driver’s insurance company, you may want to seek legal advice or representation from road traffic accident solicitors. Our team of advisors can assess your potential claim for free, and a solicitor from our panel could offer to take up your case. We always advise seeking legal advice before starting a claim. 

Our panel of road traffic solicitors can offer their services under a Conditional Fee Agreement (CFA). This type of No Win No Fee contract provides key benefits and protections to claimants seeking legal representation under these terms, including: 

• Not paying an initial fee for the solicitor to start work on your case.
• No fees for this work during the actual claims process.
• No fees if your case is unsuccessful.

You will receive personal injury compensation upon your claim’s success. The solicitor will take a percentage of this compensation as their success fee. The Conditional Fee Agreements Order imposes a cap on the maximum percentage that can be charged as a success fee. What this means is you will keep most of any awarded compensation.

Our advisory team are available to take your questions 24/7 free of charge. They can also provide a free assessment of your eligibility to begin a claim at no additional cost. Get in touch today by:

• To learn about the road traffic accident claims process fill in our Claim Online form. Our advisors will assess your claim for free and can get you ready to start your road accident claim. If a solicitor from our panel takes on your case for road traffic accident injuries, they will do so under a No Win No Fee agreement. 

Learn More About Making A Road Traffic Accident Claim

Read some of our other road traffic accident claims guides for further guidance on this topic:

• Learn about when you could make a claim after suffering a serious brain injury in a road accident.
• Find out more about claiming after a rear-end collision that causes injuries.
• Pedestrians are road users as per the Highway Code. Read more about pedestrian accident claims here.

We have also included some relevant external resources you may find useful:

• Read the latest motorcycling campaign from THINK! 
• Administering first aid after an incident can be critical in saving an injured road user’s life. Read the NHS guidance here.
• You can find out more about your entitlement to statutory sick pay on the Government website. 

We appreciate you reading this guide to claiming road traffic accident compensation. Our advisors can explain the process of making claims for road traffic accidents further, as well as provide a free assessment of your eligibility to claim compensation. You can speak to a member of our helpful team at any time using the contact information given above.