Road traffic accident claims
If you're a pedestrian, cyclist or motorcyclist and you've been injured in a road traffic accident that wasn’t your fault, then you may be entitled to compensation from the responsible party. Please get in touch with us today.
If you’re a driver or passenger in a motor vehicle please read on about the best way to make a personal injury claim.
Even if the motorist involved in the accident was uninsured or untraced, we may still be able to help you.
I've been in a road traffic accident. How do I make a claim?
If you have been involved in a road traffic accident as a driver or passenger that occurred after 31st May 2021 you can submit your claim for personal injury directly through the Official Injury Claim website at https://www.officialinjuryclaim.org.uk/.
You will need the third party drivers name, vehicle registration and insurance details.
Your claim will be considered and the insurers will liaise with you through the portal.
Any compensation awarded is based on a strict tariff scheme.
This portal is for personal injury claims with a value up to £5k and allows claimants to recover compensation without using a solicitor.
If you have suffered injuries that are quite severe you may wish to contact us in the first instance for an informal discussion. We will advise whether your claim is suitable for the portal or not.
If we agree to take your case on, we will then:
- Establish the correct insurer who is liable for the accident.
- Gather evidence so that we can assess the value of your claim.
- Discuss the way the claim is funded on a “no win no fee basis”.
Who is liable for your claim?
Establishing liability is usually straightforward, but if there is any dispute then we have a team of experienced solicitors who specialise in this area. They have an excellent track record of success.
What's your claim worth?
Once we've established who is liable, we need to assess the value of the claim and agree it with the insurers. The value of the claim is known as 'Quantum' and comes in two parts - general and special damages.
General damages
This is compensation you receive for your injuries. We will arrange for an independent medical expert to examine you and provide a detailed report on your injuries.
They may recommend that another specialist diagnoses or treats you and we'll arrange this for you on a private basis. This means you get the treatment you need, quickly.
You may need to see a number of experts covering both the physical and psychological injuries sustained in the accident.
Special damages
This compensation covers the losses or expenses you have suffered as a result of the accident or your injuries.
Special damages include loss of earnings, insurance excess, vehicle repairs, vehicle hire, prescription costs and travelling expenses. We will assess your claim and seek advice from other experts if we need to.
The claims process
Most road traffic accident claims are straightforward and they are now dealt with via the Official Injury Claim website. It's a streamlined process that's designed to make a financial settlement easy for injured drivers or passengers in a motor vehicle to claim directly without using a solicitor.
Some claims are complicated - for example if no-one has admitted liability, or your injury is complex. In these situations we may deal with your claim outside the portal. The steps are the same but the process may take longer as further investigation is likely.
We can deal with claims when the driver involved was uninsured, untraced or registered abroad.
If you've been involved in a road traffic accident and want to discuss a claim, give our specialist car accident claims solicitors a call today on 0113 320 5000 for an informal chat or email ae@winstonsolicitors.co.uk.
Where liability is not in dispute, it is possible to arrange for an interim or early payment for certain losses e.g. loss of earnings. All interim payments are deducted from the final damages award.
You do not have to make a claim directly to the responsible party. We will take instructions from you as to the circumstances of the accident and the extent of your injuries. We will then submit your claim to the insurers on your behalf setting out your claim.
This depends on the type of claim. A simple claim can conclude within a year if liability is established early on. Only a very small proportion will ever make it to court. In the UK, less than 2% of claims actually reach a trial.
The value of your claim will be based on the medical evidence. No claim is settled without your specific authority to do so. This ensures that you keep absolute control of your claim. Compensation is generally divided into two parts:
General Damages
These are damages for pain and suffering including the loss of the ability to do certain tasks, hobbies etc. This award compensates you for the suffering you have encountered usually in its physical form e.g. whiplash, broken leg, strained muscles etc. However, it is also possible to be compensated for psychological distress and conditions such as Post Traumatic Stress Disorder.
Special Damages
You will also receive compensation for specific quantifiable losses attributable to the accident. These include loss of earnings, car hire expenses, care and services, extra expenses (e.g. travel costs incurred going to doctors, hospitals, etc,) damaged clothing, and prescription charges. All we ask is that you keep a note of any expenses, and preferably receipts so that when we eventually calculate your claim for special damages, we will be able to include all relevant items.
If the injuries were the result of a criminal attack then you might be able to claim from the Criminal Injuries Compensation Authority (CICA). We have devised a CICA calculator to give victims an idea as to how much compensation they could be entitled to.
If we do not win your case then we do not have any right to recover our fees from you. If we do win your case the insurers pay a fixed contribution towards the legal costs. You will also make a payment to us out of your compensation.