Have you been in a road traffic accident that wasn’t your fault? Did someone else’s negligence cause you pain and suffering? Are you dealing with the consequences physically, emotionally and financially? If so, our guide on how to sue for a road traffic accident could help.
No matter how minor or severe your injury was, if the accident wasn’t your fault, you could claim compensation. Our guide on making a personal injury claim can provide more detail on the process of claiming compensation. However, if you still have questions after reading, you can call our advisors for more information.
Our advisors can provide you with free legal advice on any questions you might have. For example, you may have questions along the lines of ‘are there any road traffic accident solicitors near me?’
For more information, call us on 0800 408 7827. Otherwise, continue reading about how to sue someone for a road traffic accident.
About Suing For A Road Traffic Accident
- A Guide On How to Sue For A Road Traffic Accident
- What Is A Lawsuit For A Road Traffic Accident?
- What Injuries Caused By A Road Traffic Accident Could I Claim Compensation For?
- Who Could I Sue For Road Traffic Accident Injuries?
- What Documents And Evidence Do I Need To Sue For A Road Traffic Accident?
- Do You Need To Visit A Hospital Or Doctor To Sue For Your Injuries?
- Work Out How Much You Could Sue For After A Road Traffic Accident
- When To Accept A Settlement Offer
- Do You Need A Solicitor To Claim Compensation?
- How To Sue For A Road Traffic Accident With A No Win No Fee Solicitor
- Ask Our Team About Suing For Road Accident Compensation
- Get Free Legal Advice
- Resources
A Guide On How to Sue For A Road Traffic Accident
Accidents can happen when we least expect them to and aren’t uncommon. According to a report from the Department for Transport, there were 132,063 casualties of all severities caused by an accident on the road recorded in Great Britain in 2023. If you’re someone who’s suffering the consequences of this type of accident, our guide could help.
We’ll be taking a detailed look at what a No Win No Fee agreement is and the benefits of using a solicitor. Also, we’ll look at the duty of care you’re owed as a road user and when someone might be liable.
Additionally, we’ll be answering some common questions regarding the road traffic accident claim procedure. For example, ‘how much compensation will I get for a car accident injury?’ And, ‘do road users have a duty of care?’
You might be wondering how long does a road accident claim take? Well, the process can vary depending on how severe your injuries are, whether liability is clear and if the case needs to go to court.
If you’re worried about whether you have enough time to claim, there is usually a time limit. Generally, you have three years from the date of the accident to start the claim. This applies by law under the Limitation Act 1980. There are exceptions to this.
If someone you know has suffered serious injuries, you may be able to claim on their behalf by acting as a litigation friend. However, this is only possible if the injured party is a child or lacks the mental capacity to make decisions independently.
For more information on time limitations and claiming for someone else, contact our team, and they can help.
What Is A Lawsuit For A Road Traffic Accident?
If you’ve been involved in a car accident, you might be wondering what you should do. There are a few important steps you can follow.
Firstly, you should seek medical aid to ensure you receive proper treatment for any injuries you’ve sustained. Additionally, you should collect contact and insurance details from anyone involved in the accident. If you were driving a vehicle or riding a motorcycle when the accident took place, you should also contact your insurance provider about it as soon as possible.
There are many types of accidents that you could experience as a road user and multiple ways they can be caused. For example, the following factors could impact the safety of the roads:
- Stopping Distance
- Type of vehicle used, e.g. car, motorbike, bicycle, bus
- Attitudes and attentiveness of road users
- Weather affecting the condition of the roads
Taking legal action means making a civil claim against the party you hold responsible. To be able to make a personal injury claim after a road traffic accident you first must prove that you are not wholly responsible for the incident. You must then establish whether the party you hold responsible owed you a duty of care in which was breached. Moreover, this negligence will have caused your injury.
What Injuries Caused By A Road Traffic Accident Could I Claim Compensation For?
Although there are various injuries you could suffer as a road user in an accident, some are more commonly reported. The Department for Transport’s 2023 summary of reported road casualties in Great Britain shows how often different injuries were reported during that year:
- Fatal injuries: 1,645
- Serious injuries: 27,998
- Slight injuries: 102,420
- Total injuries suffered: 132,063
A car accident lawsuit could be made on the basis of many different injuries, such as:
- A broken nose, as well as other facial injuries, like a broken cheekbone or facial disfigurement.
- Broken ribs and other chest injuries.
- Back, pelvis and hip pain.
- Brain damage.
- Leg or arm injuries, ranging from sprains and fractures to amputation.
- Whiplash.
For more information on compensation and what you can seek a payout for in a road traffic accident claim, call our team on the number above.
Who Could I Sue For Road Traffic Accident Injuries?
Do road users have a duty of care? Who is responsible for road safety? What is the standard of care of a driver? These are all questions which we’ll be exploring in this section.
Every road user has a duty of care to do everything reasonably possible to keep other road users safe. Duty of care can vary for each group. However, the Road Traffic Act 1988 sets out rules and regulations for all road users to follow. To keep each other safe road users should
- Follow speed limits and pay attention to signs.
- Be aware and considerate of other vulnerable road users such as pedestrians, cyclists and motorcyclists.
- Have the correct license and insurance
- Ensure your vehicle is safe for the road
- Cross at designated crossing areas
If someone has breached their duty of care to you, they could be liable for your accident. However, determining liability isn’t always straightforward.
For example, if your accident happened because the local council failed to keep the roads safe, then liability could fall to them. Additionally, if you’re involved in a hit and run accident, the person liable for the accident might be untraceable.
If your accident is caused by a vehicle user who is untraceable or uninsured, then a claim can be sent to the Motor Insurers’ Bureau (MIB).
As liability can be difficult to prove sometimes, it’s important to have evidence to support your claim. See below for examples of what evidence could be useful to you.
What Documents And Evidence Do I Need To Sue For A Road Traffic Accident?
In order to claim compensation successfully, evidence is important. Different types of evidence could come in handy. For example, evidence to prove the accident happened, such as:
- Witness statements
- CCTV or dashcam footage or footage from traffic cameras
- Pictures of the accident scene or cause of the accident, if possible
- Police reports
- Statement or diary describing your injuries
- Medical records
Additionally, you might require further evidence to prove any financial losses. For example:
- Payslips for loss of earnings
- Receipts for care, travel or medical expenses
Furthermore, you’ll need evidence to prove your injuries. See below for the type of medical evidence you might need to obtain.
Do You Need To Visit A Hospital Or Doctor To Sue For Your Injuries?
As mentioned above, medical evidence is important in supporting your claim. It can help to prove the injuries you sustained were caused by the accident you’re claiming for.
If you were in an accident, it’s important to seek relevant medical attention for any injuries. This initial assessment can form the basis of your medical evidence. A discharge letter and other notes related to this assessment could be collected by you or your hired solicitor.
Additionally, your solicitor may arrange an Independent Medical Assessment (IMA). This will provide an unbiased opinion from an independent medical professional on the state of your injuries.
If you have any questions regarding the evidence you need for a personal injury claim, call our team for more information. They can talk you through how to sue for a road traffic accident.
Work Out How Much You Could Sue For After A Road Traffic Accident
We’ve discussed how to sue for a road traffic accident, but you may also be interested in how much personal injury compensation you could receive.
Your compensation payout is not predetermined. Each case is different and your solicitor will push to get you the best possible outcome. The final figure can potentially be formed of two ‘heads of loss’, or parts for different effects of the accident. These are:
- General damages, which compensate for your physical harm and mental distress.
- Special damages, which, if you qualify, account for financial losses inflicted as a direct result of your injuries.
You will need evidence of your loss to seek a payment under special damages. The general damages element is calculated during the case. Those responsible for arriving at a number might check your medical evidence to consider the severity and impact of the injuries, as they are factors in the decision.
The Judicial College Guidelines (JCG), a document detailing guideline compensation brackets for injuries, is also a possible option for valuing claims. However, it should be noted that it is only a guide.
The process works differently if whiplash injuries are involved because of the Whiplash Injury Regulations 2021. The legislation lays out a tariff of payments for physical and mental harm caused by whiplash which are set amounts. You won’t claim through the traditional route if the value of your injuries is £5,000 or less. While you can claim normally if the value is above £5,000, any whiplash injuries still receive the set tariff payment.
With that in mind, we’ve put together a table below that incorporates JCG brackets as well as set whiplash tariff figures. The top entry is from neither.
| Injury | Severity | Average compensation amount |
|---|---|---|
| Multiple Serious Injuries Plus Significant Financial Loss | Severe | Up to £1,000,000+ |
| Head | Very Severe | £344,150 to £493,000 |
| Head | Moderate (iii) | £52,550 to £110,720 |
| Leg | Below-Knee Amputation of One Leg | £119,570 to £162,290 |
| Foot | Very Severe | £102,470 to £133,810 |
| Hip | Severe (ii) | £75,550 to £95,680 |
| Arm | Substantial Disablement | £47,810 to £73,050 |
| Elbow | Severely Disabling | £47,810 to £66,920 |
| Wrist | Permanent disability | £29,900 to £47,870 |
| Knee | Moderate (i) | £18,110 to £31,960 |
| Whiplash | Physical and Mental Harm Lasting 18-24 Months | £4,345 |
| Whiplash | Physical and Mental Harm Lasting 15-18 Months | £3,700 |
When To Accept A Settlement Offer
If you’re unsure when to accept an offer of compensation, a solicitor can advise on the best course of action to take. However, it’s important to note that you aren’t required to take the first offer.
A solicitor you’ve hired to support your case can advise on any settlement offers made to you. However, the final decision on whether to accept an offer will always be yours to make.
Do You Need A Solicitor To Claim Compensation?
Although you could claim road accident compensation without a solicitor, it can be beneficial to have a solicitor advising you through the process. A personal injury claim can take time, and a solicitor can support you through the legal process.
Furthermore, a solicitor can value your claim more accurately. They’ll use the JCG alongside a report from the Independent Medical Assessment if you’re solicitor has arranged one.
How To Sue For A Road Traffic Accident With A No Win No Fee Solicitor
We understand that accidents can add financial strain. In turn, this may impact your decision to use a solicitor to support your claim. However, you could choose to claim with a solicitor on a No Win No Fee basis.
This essentially means that if your solicitor is unsuccessful, you won’t pay your solicitor’s legal fees. If your solicitor does win the case, you’ll pay a success fee. To cover their fee, your solicitor will take a percentage of your compensation as payment. The percentage they can take is legally capped.
Another benefit of a No Win No Fee agreement is that you can avoid paying any upfront costs and any costs incurred over the course of the claim.
For more information on how you can connect with a solicitor, call us now or use our online contact form.
Ask Our Team About Suing For Road Accident Compensation
If you still have questions after reading our guide, our advisors can provide you with free legal advice. Additionally, they can help provide an estimate of how much road accident compensation you could claim. They will take into account:
- The severity of your injury
- Where it happened
- How it happened
- Evidence obtained
Once they have these details, they can provide a more precise estimate than a personal injury calculator, which doesn’t always consider the above. See below for our contact details so you can get in touch with us for more information.
Get Free Legal Advice
Our advisors can answer any questions you still have on car accident claims. We can cover details such as:
- No Win No Fee agreements
- Claiming with a solicitor
- Time limitations and claiming for someone else
- Duty of care
Additionally, they can connect you with a personal injury solicitor when you’re ready to claim. For more information, contact us on the following:
- Telephone number – 0800 408 7827
- Live chat at the bottom of the page
- Contact us using our enquiry form, and we’ll contact you at the time you specify
Resources
For more information on road safety, see the Highway Code, which provides further guidance on the different rules for different road users.
How To Sue Your Local Council For Compensation
Did the local council cause your road traffic accident? If so, our guide on how to sue your local council could help.
How To Sue Your Employer For Compensation
Perhaps you had an accident at work? This guide explains how you may be able to sue your employer if they have acted negligently.
How To Sue For A Broken Nose Caused By A Road Traffic Accident
This guide offers guidance on how you can claim specifically for a broken nose injury caused by a road traffic accident.
In this guide, we discuss how you may be able to sue if you are harmed by negligence while receiving care from a hospital.
We hope you found our guide on how to sue for a road traffic accident useful. Thank you for reading.