Road Traffic Accidents
The personal injury team at Clough & Willis Solicitors has a great deal of experience in dealing with road traffic accident compensation claims for drivers, passengers, bike riders and pedestrians.
Even if you have been in an incident caused by an uninsured or untraceable driver, we can help. You will be able to pursue a claim through the Motor Insurers' Bureau (MIB). All our personal injury claims are handled on a no win, no fee basis, meaning you only need to pay your fees to us if your claim is successful.
If you have been involved in a road traffic accident, call us with no costs or obligations on 0800 083 0815 as soon as possible, or use our to request a call back at your convenience.
What to Do After a Road Traffic Accident
Following an accident on the road, your number one priority should be your health and safety. We have put together a short guide to what you should and should not do following a road traffic accident. Follow the link for more information: read the Road Traffic Accident Guide.
Once you are safe and have been seen to by a medical professional, you should consider speaking to a road traffic accident lawyer.
Types of Road Traffic Accident Compensation Claims
Road traffic accidents encompass any accident that happens on the road, whether it involves vehicles or pedestrians. Examples of accidents you can claim for include, but are not restricted to:
- Injury to you or a passenger including whiplash
- Trauma or distress to you or a passenger
- Loss of potential earnings or income
- Damage to your car or bike
- Damage to or loss of personal property
- Cost of replacement vehicle hire
- Insurance excess
- Other costs including medical fees
How Much Compensation Can I Claim Following a Road Traffic Accident?
Every case is unique, and the compensation you are awarded will be based on the specifics of your injuries, the impact on your quality of life, and any financial losses incurred as a result of the accident. Your solicitor will thoroughly assess your case to ensure you receive the compensation you are entitled to.
Compensation amounts are typically split into two categories:
- General damages cover compensation for the pain, suffering, and loss of amenity you have experienced due to your injuries. This can include physical injuries and mental trauma.
- Special damages cover the financial impact of the accident.
More serious injuries will result in higher compensation. For instance, life-altering injuries such as spinal damage or head trauma will typically attract larger settlements compared to minor injuries.
If you were partly responsible for the accident, or if certain factors - such as not wearing a seatbelt - contributed to your injuries, your compensation may be reduced accordingly.
What Happens to My Compensation Claim if I Was Not Wearing My Seatbelt?
If you were injured in a road accident that was not your fault, but you were not wearing a seatbelt, it will almost certainly affect your personal injury compensation claim.
The law on this is very clear. If you are not wearing your seatbelt when you are injured, the amount of compensation you receive will be reduced:
- By 25% if your injuries would have been entirely avoided if you had been wearing a seatbelt
- By 15% if the seatbelt would have reduced the severity of your injuries
If the failure to wear your seatbelt made no difference to the injuries you sustained, the amount of compensation you receive should not be reduced.
Your insurance company may try to convince you that you could lose a bigger portion of your compensation than you actually will. For this reason, it is essential that you enlist the help of a personal injury solicitor who has a great deal of experience in handling this type of case.
How Long After a Road Accident Can I Claim?
In most cases, you will have three years from the date of the road traffic accident to make a compensation claim. However, if the injured person is under 18, or you were mentally incapacitated at the time of the accident, the time limit may be extended.
In cases where the accident involved an untraceable or uninsured driver, you can make a claim through the MIB, but you should seek legal advice as soon as possible to ensure you meet the required deadlines.
It is essential to act quickly and seek legal advice from a specialist solicitor to avoid missing the time limit. We can help you to understand how much time you have to make a road traffic accident compensation claim.
Who can claim road traffic accident compensation?
The following is a list of eligible parties for making a compensation claim:
- Drivers and passengers involved in the accident, regardless of whether the driver was at fault or not.
- Cyclists, motorcyclists, and pedestrians injured in a road traffic accident caused by another party.
- Individuals injured by uninsured or untraceable drivers - claims can be made through the MIB in such cases.
- Passengers in public transportation vehicles, such as buses or taxis, if they were injured due to a road traffic accident.
- Family members may be able to claim compensation if the accident led to a fatality and they are financially dependent on the deceased.
Even if you think you may be partially at fault for the accident, you could still be eligible for compensation, though it may be reduced depending on the circumstances. To get the best advice and maximise your chances of a successful claim, call us today.
FAQs for Our Road Traffic Accident Solicitors
What is the average compensation for road traffic accident claims?
Yes, under the Animals Act 1971, you can claim compensation if the dog’s keeper is proven liable. Contact us for guidance on how to proceed with your claim.
What happens if the dog owner is uninsured?
Compensation awarded for road traffic accident injuries varies significantly depending on the severity of the injuries and the specific circumstances of the case. Because of this, it is impossible to offer an average for how much you may expect to claim. We recommend calling our team today for a free consultation, and we will be able to advise further once we have an understanding of your situation.
Do I have to have a medical exam?
Yes, if you are making a road traffic accident compensation claim, you will likely need to undergo a medical exam. This is an essential part of the claims process, as it provides an independent assessment of your injuries and the impact they have had on your life. The medical report generated from this exam will be used to support your claim and ensure you receive the correct amount of compensation.
The exam will be conducted by a specialist chosen by your solicitor. The medical expert will assess both physical and psychological injuries, depending on your case. You may be asked some difficult questions about the incident and its effects on you - we understand this, and will support you every step of the way.
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Find out more about making a personal injury compensation claim by getting in touch with Clough & Willis today. Our offices in Bury and Bolton are easily accessible, and we are ready to provide you with the easy-to-understand advice and high-quality representation you need.
Give our personal injury lawyers a call on 0800 083 0815 or fill in our and a member of the team will be in touch.
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Clough & Willis Solicitors is a highly respected and forward-thinking full-service law firm, delivering high-quality legal advice on a wide range of personal and commercial matters. From our offices in Bolton and Bury, we provide friendly, approachable and comprehensive legal guidance to individuals and business clients across England and Wales.
For more information about any of our services, please complete the online form or call 0800 083 0815 to speak with a member of our friendly team.
