Road traffic accident claims: the basics

In Road Traffic Accidents

Who can make a road accident claim? When people think of a road traffic accident, their first thought is often of a car accident. But it is important to state that any road user who is injured in an accident can make a personal injury claim, whether they are traveling in a motorised vehicle or not.

Motorbike riders, cyclists, pedestrians and even horse riders are also within their right to make a claim in the event of an accident that wasn’t their fault. In fact, it is often vulnerable road users such as pedestrians who are hurt the most as a result of someone else’s mistake.

What can I claim for?

A road accident can cause a number of issues for a victim involved in a collision. Injuries can range from the minor to life-threatening, including whiplash, lacerations, loss of limbs, anxiety or depression.

compensation claim cannot repair the damage done but it can help cover the cost of necessary medical treatments or expenses. More serious injuries can result in time spent off work, loss of earnings and a prolonged rehabilitation process that can add to the financial burden. If you have been the victim of a road traffic accident, you are well within your rights to seek compensation for these costs from the other party’s insurers.

The cost of vehicle repairs and replacement vehicle hire charges may also be claimed as part of a compensation case, as can subsequent travel expenses and even the cost of depreciation to your vehicle associated with a crash in some cases.

 What do I need to make a claim?
To make a claim, you will need evidence to support both the circumstances of the collision and of any associated injuries. After an accident, you should always visit a doctor to check your health, treat injuries and take notes of your condition – this will become important as evidence during your claim.

If you are in a fit state to take photos and gain witness statements at the scene of the accident, this can also be valuable evidence in establishing that the other party was at fault. Always remember to notify the police of a road traffic accident, too, as this is a legal requirement where an injury accident occurs on a road.

Moving forward, it is best to gather as much proof as possible including doctors’ notes, proof of absence from work, witness details and any other evidence of associated expenditure that you feel you should be compensated for.

It is also important that you speak to a solicitor directly as soon as possible after the accident.  Informing your insurer almost always results in the loss of your no-claims bonus, even in the case of a non-fault accident.

What if both parties were at fault for the accident?
In some cases, it is possible that the fault for a road accident lies with more than one party. Under these circumstances, liability is shared between road users and each must pay a percentage of the claims through their insurance company.

Can passengers claim?
Absolutely. Passengers who have suffered injuries at the hands of another road user or their own driver may claim for compensation if they have suffered a personal injury.

If you have been affected by a road traffic accident and would like to pursue a claim with the help of an experienced legal service provider, answer a few short questions and start comparing legal experts now.

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