Road Traffic Accident Compensation Claims

There is a three year time limit from the date you were injured to make road traffic accident claim,  though we advise that it’s best to make the claim as quickly as possible while the evidence you’ll need is still fresh.

However, in some circumstances the limitation period can be extended for an even longer period. For instance, if an injured party was not yet 18 years old at the time of the accident – they have until their 21st birthday to register their claim. Also, some serious brain or head injuries can allow for an extension.

First off, we’ll need to assess your case to see if you have a claim, then we can assign you a road traffic accident solicitor with expertise in your type of claim. They’ll take you through what needs to be done to ensure a successful outcome.

If you’re happy to go ahead, your solicitor will contact the party responsible for your car accident on your behalf and let them know you’ll be making a claim for your injuries and losses.

The legal process for a car accident claim largely depends on the value of the claim and whether the other party admits liability.

Small claims under £5,000

From June 2021, car accident personal injury claims for soft tissue injuries valued under £5000 are classed as a ‘small claim’, and you will not be able to recover legal costs. Therefore, you would not be able to instruct a solicitor and will have to follow a simplified online process to claim your compensation at a reduced rate due to the changes in law.

Fast track claims under £25,000

Claims of up to £25,000 are classed as fast track, or single track claims, and can be filed through the Claims Portal, an internet system overseen by the Ministry of Justice.

The claims portal aims to speedily deal with claims for relatively minor injuries. An acceptable compensation figure is negotiated between the solicitors and you are then paid your compensation.

The process of claiming stays in the portal unless liability is denied or disputed by the other party. Further negotiations usually resolve this, but a minority of cases may go to court. Fast track claims follow a fixed procedure however, and can usually be dealt with in a one-day trial where a judge decides the outcome.

Multi-track claims

Claims over £25,000 are handled outside of the Claims Portal and assigned to the multi-track process. They usually involve serious, life-changing injuries or fatal accidents.

If your claim is worth under £25,000 but its complexity means a verdict will take longer than a day, it may also be allocated to the multi-track.
In comparison to the fast track, there’s no set procedure for how claims go through the multi-track so it can take longer to receive your compensation.

You can claim injury compensation after a road accident without a solicitor by dealing with an insurer directly.

However, aside from the common issue of insurers dragging their heels, the problem with having no expert legal advice is that a claimant would have no idea what they could claim for, how to overcome denials of liability, what evidence they may need or what would equal a fair settlement for all injuries and losses.

We often have clients come to us after a month or two of dealing directly with an insurer, and upon working with a no win no fee solicitor they find they can more easily obtain evidence and a far larger settlement than they would have been offered.

Claims are made under a ‘no win, no fee’ arrangement, also referred to as a conditional fee agreement, between you and your no win, no fee solicitor. There are no upfront costs.

If your claim is successful, you’ll be required to pay some costs from your compensation settlement.

Usually this would include a success fee for your solicitor (around 25%) and any ‘after the event’ (ATE) insurance.

ATE insurance is there to protect you if the claim is unsuccessful and will pay for other party’s costs, but you should only pay for the ATE insurance if you get compensation.

If you don’t win your claim, it won’t cost you anything.

Road traffic accident compensation claims are amongst the fastest to process and settle. In most cases, people injured in road traffic accidents suffer short-term injuries that whilst painful, are not life changing. In these circumstances, a claim should usually be settled within a period of 3-9 months.

Claims for minor injuries such as whiplash can be submitted via the ‘Claims Portal’ and now settle in as little as 3 months or less, although it is wise to allow a period of 3-6 months in most cases.

However, in the event of serious or catastrophic injuries, the process of claiming can be far slower as it is vital that the full extent of the injuries and other losses are known and understood. This can often take months or years.

In the case of a hit and run or uninsured driver causing an accident, there is no insurer to claim from. Most people assume you can do nothing and will have to claim against their own comprehensive insurance for the damage to their vehicle. By doing this you will probably pay your excess and certainly can’t claim for injuries.

However, there is a body set up to provide access to compensation for just this kind of incident. They are the not-so-well known ‘Motor Insurers Bureau‘ or MIB. The MIB investigate these claims and where applicable, provide medical rehabilitation to injured claimants and compensation payments including loss of income etc.