How to claim personal injury following a road traffic accident

A guide to making a compensation claim for personal injury following a road traffic accident - includes an explanation of what a compensation claim actually is, how long you have to start your claim and how to have all your questions answered online by a legal expert.

What is a road traffic accident compensation claim?

It is a claim for compensation for personal injury and financial loss caused by a motor vehicle travelling on a road or public highway.

It can involve two motor vehicles or a motor vehicle and pedestrian or cyclist.

How do you know if a driver is at fault?

For your compensation claim to be successful the driver who caused your injury must be shown to be at fault.

It is generally quite simple to show which driver is at fault - the road user who has broken the Highway Code will normally be responsible for your accident.

Who do you make your road traffic accident compensation claim against?

You make your compensation claim against the driver who was responsible for your accident.

Who pays your road traffic accident compensation?

For a motor vehicle to be used legally on a public road - the driver must have in place a valid form of motor insurance which must allow for payment of compensation for any injuries caused to other road users.

It is therefore the motor insurers who will pay your road traffic accident compensation.

Who pays if the driver responsible for your accident was not insured?

You will be relieved to hear that you can still claim compensation if the driver responsible for your accident was not properly insured.

An organisation known as the Motor Insurers Bureau will pay your claim for compensation following a road traffic accident if the guilty driver was not insured or untraced — such as in a hit and run.

You must make sure you inform the police of your accident immediately so that you can prove to the Motor Insurers Bureau that your accident happened in the way you describe.

What types of compensation can you claim as part of your road traffic accident?

You can claim the following types of compensation:

1. Personal injury — both physical injuries, such as whiplash, and psychological injury, such as post traumatic stress.

2. Financial losses – losses that you have directly incurred as a result of your accident, such as lost income, prescription expenses, vehicle repair expense, etc.

3. Interest — you are entitled to claim interest on the above sums.

4. Legal costs — in England and Wales you are entitled to claim your legal expenses in pursuing your claim so long as your personal injuries are worth over 1000.

How long do you have to start a claim for compensation following a road traffic accident?

In Great Britain you have three years from the date of your accident to start your claim for compensation at court.

There are some exceptions to this rule, for example: if you were a child at the time of your accident you have until your 21st birthday to start your claim.

You now know all the important considerations you should take into account before deciding whether to make a claim for compensation following a road traffic accident — it is not suggested you make this claim yourself. I recommend you always seek the help of a specialist personal injury solicitor to make your claim.

Visit the following link to find out all you need to know about making a road traffic accident compensation claim. Road traffic accident claim UK