Road Accident Injury Claims & RTA Lawyers.

A road traffic accident (RTA) is any incident involving vehicles on a public road that results in injury, damage to property, or both. These accidents can occur between cars, motorcycles, bicycles, pedestrians, or other vehicles like buses and trucks. Road traffic accidents can range from minor bumps to severe collisions resulting in serious injuries or even fatalities. When someone is injured or suffers losses due to an RTA that was not their fault, they may be entitled to claim compensation for their injuries, medical costs, lost earnings, and other related damages.

• Driver error or negligence is a major cause of road traffic accidents, including speeding, driver fatigue, driving while distracted, and driving under the influence of alcohol or drugs.
• Poor road conditions can occur due to the weather, for example rain or snow can make roads slippery and reduce visibility. Additionally, poorly maintained roads with potholes or missing signage can cause drivers to lose control or make poor decisions.
• Vehicle defects or failures such as mechanical issues like brake failures, tyre blowouts, engine or steering problems, can impair a driver’s ability to control their vehicle, resulting in accidents.
• Other road users including pedestrians, cyclists, and motorcyclists can contribute to accidents if they act unpredictably or don’t make themselves visible in poor conditions, for example fog and darkness.
• Environmental factors like poor lighting or road obstructions increase accident risks. Dark roads make it difficult to see hazards, while debris or objects on the road can cause drivers to swerve or stop suddenly, resulting in collisions.

Road traffic accidents can result in a variety of injuries, ranging from mild to severe. One of the most common injuries is whiplash, which occurs when the neck is jolted suddenly, causing pain and stiffness. Fractures and broken bones are also frequent, especially in high-impact collisions, affecting arms, legs, ribs, or even facial bones. Head injuries, such as concussions or traumatic brain injuries, can have long-term effects, including cognitive impairment and memory loss. More serious accidents may result in spinal cord injuries, which can lead to partial or complete paralysis. In addition to physical injuries, victims often experience psychological trauma, such as anxiety or post-traumatic stress disorder (PTSD), further impacting their recovery. These injuries can significantly affect a person’s quality of life, ability to work, and their mental health, making compensation claims vital for their long-term care and rehabilitation.

After a road traffic accident, your immediate priority should be your safety and wellbeing. First, ensure that you, your passengers, and anyone else involved in the accident are safe. If there are injuries, even minor ones, seek medical attention as soon as possible. Sometimes injuries may not be immediately apparent, so it’s important to get checked by a healthcare professional. Once safety is secured, gather essential information from the other party involved, including their contact details, vehicle registration number, and insurance information. This will be crucial if you decide to make a claim.

Next, collect as much evidence as possible. Take photographs of the accident scene, vehicle damage, road conditions, and any other relevant factors. If there are witnesses, try to obtain their contact details as they may be able to provide statements to support your claim. It is also important to report the accident to the police, particularly if there are injuries, or if the other party refuses to provide their details. A police report can serve as valuable evidence in any future legal proceedings.

Finally, contact a solicitor who specialises in road traffic accident claims to discuss your rights and the potential for making a compensation claim. They will be able to guide you through the legal process and advise on the best course of action based on the specifics of your case.

Road traffic accident injury claims in England and Wales are subject to strict time limits. In most cases, legal proceedings must be initiated within three years of the date of the accident. However, there are exceptions to this rule:

• If you were unaware of the full extent of your injury until a later date, you may be able to begin your claim within three years from the date of knowledge, i.e. when you first realised the severity of the injury.
• If the injured party is under 18, they can make a claim at any point before their 18th birthday. After turning 18, they have a further three years to start legal proceedings.
• If the injured party lacks mental capacity, the three year time limit does not apply until they are granted mental capacity. They have up to three years from that date to begin a claim.

Extensions to the time limit are rarely granted, and it is important to begin the claims process before the deadline expires. This is not just a time limit for seeking legal advice, the actual process of making a claim must be started within this period. If you’re uncertain about your claim, contact our specialist personal injury solicitors today for guidance.

Yes, you can still make a road traffic accident claim if the driver was uninsured. The Motor Insurers’ Bureau (MIB) is an organisation that provides compensation to victims of accidents caused by uninsured drivers. If the responsible driver lacks valid insurance, the MIB steps in to cover both general damages (for injuries, pain, and suffering) and special damages (for financial losses such as vehicle repairs, medical costs, and lost earnings).

Additionally, the MIB also helps in cases involving foreign drivers, ensuring that victims of accidents caused by vehicles registered overseas are not left without recourse. While MIB claims may be more complex and can take longer to process, an experienced solicitor can help guide you through the process, ensuring all necessary evidence is collected and that you receive the compensation you are entitled to. The MIB ensures that even in challenging situations, victims are not left without financial support.

If you are certain that the accident was entirely your fault, you typically cannot make a claim for compensation. However, we still recommend contacting us to discuss your situation, as there may be factors you haven’t considered. In cases where liability is shared, known as split liability, you might still be able to claim a percentage of compensation based on the other party’s fault in the accident. It’s important to have a thorough assessment of the circumstances to determine the best course of action.

Not wearing a seatbelt at the time of the accident does not automatically disqualify you from making a compensation claim; however, it may impact the amount of compensation you receive. In some cases, not wearing a seatbelt can be considered ‘contributory negligent’, which means your compensation could be reduced. If a medical expert determines that wearing a seatbelt would not have changed the severity of your injuries, your compensation may not be affected. Ultimately, the impact on your claim will depend on the specific circumstances of your case. It’s advisable to discuss your situation with a solicitor to better understand how this factor might influence your claim.

In most cases, you will not need to go to court to make a claim for compensation after a road traffic accident. The majority of personal injury claims are settled out of court through negotiations between your solicitor and the insurance company of the at-fault driver. This process often involves discussions regarding liability, the extent of your injuries, and the amount of compensation you should receive.

However, there are situations where court proceedings may become necessary. If the insurance company disputes liability or offers an amount of compensation that you and your solicitor believe is insufficient, you may need to initiate court action to pursue a fair settlement. Court proceedings can also be required if the other party refuses to accept responsibility for the accident or if there are complex legal issues involved in your case.

If your case does go to court, your solicitor will represent you throughout the process, guiding you through each step and helping you prepare for what to expect. While the thought of going to court can be daunting, it’s important to remember that the vast majority of claims are resolved without the need for litigation. Your solicitor will work diligently to negotiate a fair settlement on your behalf, allowing you to focus on your recovery while ensuring that your rights are protected.

Yes, a medical examination is usually required as part of the personal injury claim process. This examination provides an objective, independent assessment of your injuries, helping to establish both their extent and their impact on your daily life. A medical expert will document their findings and prepare a report that serves as evidence to support your claim. This report is crucial for determining the appropriate level of compensation and establishing the link between your injuries and the accident. Whilst the process may seem daunting, it is a standard procedure, and your solicitor will guide you through it, ensuring you understand what to expect. Overall, the medical examination is a vital step in securing the compensation you deserve, so it is in your best interests to cooperate.

Yes, you can claim compensation after a hit and run accident, even if the responsible driver is unidentified and untraceable. In England and Wales, the Motor Insurers’ Bureau (MIB) assists victims of such incidents by providing a route to compensation for injuries caused by uninsured or untraceable drivers. To make a claim, you need to gather evidence, such as police reports and witness statements, demonstrating that the accident was not your fault. Reporting the hit and run to the police promptly will strengthen your claim, and consulting with a solicitor experienced in MIB claims can help you to navigate the process and maximise your potential compensation.

The Ministry of Justice has launched the Official Injury Claim (OIC) Portal in 2021 in an attempt to reduce the legal costs of claims and insurance premiums as a result of minor RTA injuries. Road users can now claim up to £5,000 through the portal, with the exception of vulnerable users such as cyclists and motorcyclists, who can only submit claims for up to £1,000.

Whiplash and minor soft tissue injuries have been the focus of the new system, however complex injury claims could also technically be made. The new portal has received mixed feedback from both claimants and legal professionals, who can both lack the protocols and guidelines to make or respond to claims effectively. If you have suffered minor injuries following a traffic accident, and are looking to claim below £5,000 for soft tissue damage, you may claim through the OIC as a litigant in person. However, this process may cause your claim’s settlement to be undervalued, so it’s best to speak to an experienced personal injury solicitor for advice.

The duration of a road traffic accident claim can vary greatly depending on the complexity of the case. For relatively straightforward claims, where liability is clear and the third party admits fault, the process can be completed within a few months to a year. However, more complex cases, such as those involving disputed liability, severe injuries, or extensive medical treatment, may require longer, often taking up to three years, especially if court proceedings are necessary. At Lanyon Bowdler, our priority is to ensure that you receive the compensation you deserve, no matter how long the process takes. We are committed to providing clear communication and keeping you informed every step of the way, ensuring full transparency as your claim progresses. Our goal is to achieve justice for you, without compromising on the quality of your representation.

Your road traffic accident compensation is typically divided into two categories: general damages and special damages. General damages compensate you for the pain, suffering, and impact of the injury itself. The amount awarded depends on the severity of your injury and its effect on your life. Lawyers use the Judicial College Guidelines as a reference to calculate this part of your claim. These guidelines provide a range of compensation amounts based on the type and seriousness of your injury, helping your solicitor assess the appropriate level of compensation you are entitled to.

Special damages, on the other hand, cover the financial losses and expenses you have incurred as a direct result of the accident. This includes reimbursement for damage to your vehicle or personal property, such as clothing or equipment. If your vehicle requires repair or replacement, special damages can cover hire car charges as well as the cost of repairs, or the market value of the vehicle if it is written off. Additionally, any loss of earnings due to time off work, as well as future loss of income if the injury affects your ability to work in the short or long term, will be included in this category. Private medical costs, including physiotherapy or rehabilitation fees, can also be claimed under special damages, as can any care costs if you require assistance during recovery.

Other expenses, such as policy excess or travel costs for medical appointments, are also covered, ensuring that you are not at a financial disadvantage due to the accident. By claiming both general and special damages, the compensation awarded ensures that you are fully supported, covering both the physical and financial impacts of your road traffic accident.