Can I Make a Road Traffic Accident Claim?

You may be able to make a road traffic accident claim if another person was wholly or partly responsible for the accident and you suffered an injury as a result.

Claims are not limited to injured drivers. You may also be able to claim compensation if you were:

• A passenger in a vehicle involved in the accident
• Riding a motorcycle or bicycle
• A pedestrian
• Travelling in a taxi, bus or another form of road transport
• Injured by an uninsured or untraced driver

A passenger can potentially bring a claim even if the driver of the vehicle they were travelling in caused the accident. The claim would normally be pursued against the insurer of the person who was responsible.

You should not rule yourself out simply because responsibility is disputed or because you think you may have contributed to what happened. Shared responsibility does not always prevent an injury claim, although it can affect the amount of compensation awarded.

If you are unsure whether you have grounds to make a claim, get in touch. Our personal injury solicitors can review the circumstances and explain your options.

What Types of Road Traffic Accident Claims Do Clough & Willis Handle?

Road traffic accident claims can arise from many different situations. Clough & Willis can advise on claims involving:

• Car accidents, including collisions at junctions, roundabouts and traffic lights
• Passenger injuries, whether the driver of your vehicle or another road user was responsible
• Motorbike accidents, including collisions involving cars, vans and other vehicles
• Cycling accidents, including cases where a cyclist is hit by a vehicle or injured because of another road user's actions
• Pedestrian accidents, including people struck while crossing or walking near a road
• Commercial vehicles, such as vans, lorries, taxis and buses
• Hit and run accidents, where the responsible driver leaves the scene
• Uninsured driver claims, where the person responsible does not have valid motor insurance

The details of the specific traffic accident will determine who the claim should be made against and what evidence is needed. Our road accident solicitors will investigate liability and identify the appropriate route for pursuing compensation.

What Injuries Can I Claim Compensation For?

A road traffic accident can result in anything from a minor injury that improves within weeks to severe, life-changing injuries that require long-term treatment and support.

Common injuries sustained in road traffic accidents include:

• Whiplash injuries and other soft tissue damage
• Back, neck and shoulder injuries
• Broken bones and fractures
• Head injuries
• Cuts and scarring
• Psychological injuries, including anxiety following the accident
• Multiple injuries affecting different parts of the body
• Serious spinal or neurological injuries

Symptoms are not always immediately apparent. Pain, stiffness and other problems can develop after the initial shock of the accident has passed. Seeking medical attention can protect your health and also creates a medical record of the injuries sustained.

Whiplash claims are subject to specific rules in England and Wales. Road traffic accident-related whiplash injuries lasting up to two years are generally valued using a fixed statutory tariff.

Other injuries are valued separately according to their nature, severity and effect on your life.

If an injury has had a significant impact on your work, independence or family life, the claim may also need to take into account future care, treatment and financial losses.

Who Is Responsible for a Road Traffic Accident?

Liability means deciding who was legally responsible for causing the accident. In a straightforward case, another road user may accept responsibility and their insurance company can then deal with the compensation claim.

Other cases are less clear. Drivers may give different accounts of what happened, an insurer may dispute fault, or several people may share responsibility.

Evidence can be used to establish how the accident was caused. This may include photographs, dashcam footage, witness statements, vehicle damage, police records and information about the road layout.

You may still be able to claim it if you were partly responsible. This is known as contributory negligence. Where both sides contributed to the accident or the extent of the injuries, compensation can be reduced to reflect the claimant's share of responsibility.

For example, not wearing a seatbelt does not automatically prevent a road accident claim. However, if wearing one would have prevented or reduced the injuries, it may affect the final compensation figure.

The road traffic accident solicitors at Clough and Willis will assess the available evidence and deal with arguments about liability with the insurer on your behalf.

What Evidence Can Help With a Road Traffic Accident Claim?

You do not need to have every possible piece of evidence before speaking to a solicitor. However, gathering as much evidence as you reasonably can may make it easier to establish what happened and calculate your losses.

Useful evidence includes:

• Photographs or video of the accident scene
• Dashcam or CCTV footage
• The registration numbers and insurance details of the vehicles involved
• Names and contact details for witnesses
• A police incident or reference number, where the police attended or the accident was reported
• Photographs of vehicle damage and visible injuries
• Medical records and details of medical treatment
• Witness statements
• Payslips or employment records showing lost earnings
• Receipts for travel, medication, treatment, care or replacement items

Your health should always come first. Seek medical attention if you are injured, even if the symptoms initially appear minor. Medical evidence is also an important part of the claims process because it helps establish the nature of the injury, the likely recovery period and whether further treatment may be required.

For more information on gathering evidence, read our guide on the steps to take following a road traffic accident.

How Does the Road Traffic Accident Claims Process Work?

The exact claims process depends on the circumstances, but most road traffic accident cases follow several common stages.

1. Initial consultation

A solicitor will discuss the accident with you, consider how it happened and assess whether there appears to be a viable personal injury claim. You can also raise questions about funding, legal costs and what information will be needed.

2. Gathering evidence

The legal team will gather the evidence needed to support the claim. This can include accident records, witness statements, photographs, insurance details and medical information.

3. Contacting the responsible party

The claim is then presented to the person or organisation believed to be responsible, usually through their insurance company. The insurer will investigate liability and respond.

4. Medical examination

A medical examination by an independent expert will usually be arranged. The resulting medical evidence helps show what injuries you suffered, how long they are expected to last and whether treatment or rehabilitation is recommended.

For qualifying whiplash claims, settlement cannot be made without supporting medical evidence. 

5. Valuing the claim

Once there is enough medical and financial evidence, your solicitor can assess how much compensation the claim may be worth. This includes the injury itself and any past or future financial losses that can properly be included.

6. Negotiating compensation

If liability is accepted, the parties can usually negotiate over the amount of compensation. Your solicitor will explain any offer and advise whether it fairly reflects the injuries and losses sustained.

In serious injury cases, it may be possible to seek interim payments before the claim is finally settled. These can help with immediate needs such as treatment, rehabilitation, care or lost earnings while the full value of the claim is still being assessed.

Clough & Willis identifies interim payments as one of the forms of support that may be available in personal injury cases.

7. Court proceedings if necessary

Many accident claims are resolved without a final court hearing. If responsibility remains disputed or a fair settlement cannot be agreed, court proceedings may be required. Clough & Willis can prepare the case and represent you through the legal process.

How Much Compensation Could I Receive for a Road Traffic Accident Claim?

There is no standard amount of road traffic accident compensation. How much compensation you may receive depends on the injuries sustained, the effect they have had on your life and the financial losses caused by the accident.

Compensation is usually considered under two broad headings.

Compensation for your injuries

This reflects the pain, suffering and loss of amenity caused by the injury. Factors can include:

• The type and severity of the injury
• How long symptoms last
• Whether you make a full recovery
• Whether there is permanent disability or ongoing pain
• The impact on work, hobbies, independence and family life

Medical evidence is central to this assessment. For injuries outside the statutory whiplash tariff, solicitors and courts may also refer to previous cases and the Judicial College Guidelines when assessing general damages.

For qualifying whiplash injuries lasting up to two years, a statutory tariff applies. The Ministry of Justice's current whiplash guidance explains the tariff that applies according to the date of the accident and the expected duration of the injury.

Compensation for financial losses

A compensation claim can also take account of reasonable financial losses caused by the road traffic accident. Depending on the case, these may include:

• Lost earnings and loss of future earnings
• Private medical treatment or rehabilitation
• Travel expenses
• Care and assistance provided by others
• Medication and equipment
• Vehicle-related losses that can properly be included
• Future treatment, care or support needs

For someone dealing with severe injuries, these elements can be important in restoring financial security and making sure future needs are properly considered rather than focusing only on the immediate injury.

How Long Do I Have to Make a Road Traffic Accident Claim?

In most personal injury cases in England and Wales, court proceedings must normally be started within three years of the accident, or three years from the injured person's date of knowledge if that is later.

There are exceptions. Where the injured person is a child, the usual personal injury limitation period does not begin to run until they turn 18. Different rules can also apply where a person lacks the mental capacity required for limitation purposes.

The court also has discretion in some circumstances to allow a personal injury action to proceed outside the ordinary limitation period, but this should not be relied on as a reason to wait.

It is usually better to seek legal advice well before the deadline. Evidence can be easier to obtain closer to the accident, witnesses are more likely to remember what happened and there is more time to investigate any dispute about liability.

If you are approaching the time limit for a road traffic accident claim, speak to a solicitor promptly. Importantly, simply entering a claim on the relevant RTA portal does not count as starting court proceedings for limitation purposes.

Can I Claim if the Other Driver Was Uninsured or Cannot Be Found?

Yes. A road traffic accident claim may still be possible if the driver responsible was uninsured or cannot be traced.

The Motor Insurers' Bureau (MIB) operates schemes for people injured by uninsured and untraced drivers. This can include some hit and run accidents and cases where a driver has provided false details.

The process is different from an ordinary claim against an identified driver's insurance company, and separate scheme requirements and time limits may apply. It is therefore sensible to take advice promptly rather than waiting to see whether the driver can be found or whether valid insurance details emerge.

Can I Make a No Win No Fee Road Traffic Accident Claim?

Clough & Willis handles its personal injury claims on a no win, no fee basis through a conditional fee agreement.

This means you can start a road traffic accident claim without paying the firm's legal fees upfront. If the claim is unsuccessful, you will not have to pay Clough & Willis' legal fees. The team will explain how the conditional fee agreement works, including the position if the claim succeeds, before you decide to proceed.

A conditional fee agreement provides a way of accessing legal support without having to fund the solicitor's fees as the case progresses.

What Happens After I Instruct Clough & Willis?

Once you instruct Clough & Willis, your solicitor will take responsibility for progressing the legal side of the claim while keeping you informed about what is happening.

The team can:

• Review how the accident occurred and advise on liability
• Gather accident evidence and witness statements
• Obtain relevant medical records and arrange medical evidence
• Contact the insurance company and handle correspondence on your behalf
• Calculate past and future financial losses
• Consider whether rehabilitation or an interim payment may be appropriate
• Advise you on settlement offers
• Start court proceedings and represent you if the claim cannot be resolved by agreement

You should keep your solicitor updated about changes to your recovery, medical treatment, work and financial losses. This helps make sure the claim accurately reflects the ongoing effect of the accident.

Clough & Willis offer clear, practical legal support throughout the claim so that you understand what is happening and why each step is being taken.

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