Here you can find some examples of road traffic accident claims, our advice on whether we think the claim has a good chance of success and what to do next.
Road Traffic Accident Claims – Your Questions Answered
43 questions have been answered below
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Comments & Questions
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3 years ago on the 24th October 2014 my brother was hit by a car whilst on his motorcycle. This was a hit and run incident. The police found the car owner responsible and charged them to go to court which resulted that the defendant has been found guilty for failure to nominate the hit and run driver and therefore they are liable for the incident which resulted to 6 points penalty being deducted of their license and a hefty fine was to be paid.
My brother has sustained multiple of physical injuries, fracture on the leg and mental diagnosis of PTSD and Delusional Disorder. This is what the doctor who had assessed my brother said on the independent medical report.
But his current lawyer disbelieves the independent medical doctor’s findings due to the fact that 4 months prior to the accident my brother received sick notes by his GP for stress related problems regarding immigration and domestic matters. Which the lawyer finds it difficult to understand that there are no relation between the two.
He also doesn’t understand that my brother did claim employment and support allowance therefore he is permitted to work part time which comes under the permitted work section and it’s legal under the department for work and pension.
But his current lawyer insisted that the medical legal report was contradictory to the GP’s report but weirdly he is still determined to claim a maximum of £20,000 against the defendant for the injuries that I have mentioned above. He’s explanation is that he wants to play it safe and he doesn’t want to take it in front of the court and rather settle via the online claims court.
We just believe that this amount is too little for my brother’s futures care package and for the pain and suffering that has been caused. The medical legal doctor has said that my brother will not be able to get back to work for 5-10 years even longer due to the hit and run incident and he also needs a full time carer etc.
The current lawyers have had this case for three years but an extension was submitted to the courts for additional 4 months period for a submission for a claim is made.
The defendant are still not claiming liability.
If you can help can you please explain how and maybe we can agree to transfer this case to a proper lawyer who knows how to handle a case this important. Many thanks.
We are not in a position to question the current Solicitors actions on this matter without full sight of the file of papers in relation to his ongoing claim. We can say that the Solicitor will be acting in the best interests of your brother and will be using expert medical evidence and the instructions of an expert Counsel to from the basis of any claim he is to present in court.
Of course, you may not be happy with the outcome of the medical report or the interpretation of it by the Counsel and Solicitor. It may be wise at this stage to raise your concerns with the Solicitor firm in question via their complaints procedure. That way you could get the file and matter reviewed by another Solicitor and see if their view remains the same.
I was in a car accident about 18 months ago, I was pregnant at the time with my then unborn son. I was a passenger and in the accident I hurt my shoulder, knees, foot and damaged my back. I’ve been self medicating since then and found that I have largely had to stop going out because of the injuries. I’ve got a claim ongoing and they want to settle it. Do you think I will be able to claim properly for my injuries? I have spoken with my Dr about 2 times only but its concerning me.
You should not settle the claim without having undergone a medical assessment of your injuries with an expert appointed by your Solicitor. The assessment will enable a qualified Doctor to write a report for your Solicitor after they have seen you, discussed your injuries, the accident and the ongoing symptoms. If the Doctor is happy to link the symptoms you present with to the index incident (the car accident), then you ought to be able to seek compensation for all of the injuries sustained. Medical assessments are arranged for you by a Solicitor and you don’t have to pay for them. Of course, it would have been helpful to your claim if you had seen the Doctor specifically about your injuries as this would provide a strong level of medical evidence in your favour.
Self employed delivery driver hit by forklift truck at the Excel centre. Who is at fault and who are the liable parties for compensation?
If the driver of the forklift was responsible for the accident through negligence (not looking where they were going or driving outside of a prescribed area), then the Excel Centre will be liable and any claim could be made against their public liability insurance cover.
It is important that the details of the accident are entered in to the accident book at the Excel Centre. If that has not been done as yet, make contact with them by email to make a report of the incident and any injuries sustained.
As a self-employed worker, if the accident has caused a loss of income, making a claim for compensation would allow you to seek a settlement for the injuries sustained, but importantly recover any lost income and incurred costs caused in the accident.
We would happily take this matter further for you.
I had an accident just under 2 years ago, a lorry hit from the rear completely out of the blue at 3am. Liability accepted within three days.
I have been stuck with a bad solicitor firm who have wasted my time and after 2 years I am in an absolute mess and have decided to change firms.
I got two problems: my first firm was free of charge and I didn’t had to pay a penny from my compensation now looking at a new firm will most likely take away the best part of 25% of my cheque. How can I avoid this? Although I had legal cover with my insurance policy when it was bought.
Secondly, it will probably take another year or however long to get things in motion forwards and backwards until I am in agreement with the new firm and things have been passed on to TPI.
My question, can I just speak to the TPI directly without any solicitor and try to reach an agreement with them that will save me time and helps me out of a bad financial situation? Are there any consequences I should be aware of?
As a result I couldn’t work for 6 months and I had to pay bills and expenses via borrowing from family and friends. I had to pay 6 months car finance £260 and commercial insurance £290 a month even though I couldn’t work and didn’t earn a penny? I asked my current firm to raise out of pocket expenses just for insurance and finance but they are adamant that I can only claim for loss of earnings and compensation as car finance and insurance are personal agreements which needs to be honoured regardless.
I have subsequently been ordered by the court to hand the vehicle over as I couldn’t keep up the repayment anymore after I had exhausted all borrowings. I had the vehicle for work and it was commercial insurance although the car wasn’t on business lease it was on hire purchase yet my primary use was for work 80% of the time.
What can I do to be able to add this on my claim and this is another reason why I am nervous to find a new firm as they too might waste my time but without adding this head of claim for out of pocket expenses?
Apologies for the long email, just my frustrations and desperation trying to explain my point as well and clear as possible.
Any new Solicitor will (if they are a bonifide legitimate firm acting professionally and within the law) act under the LASPO Act 2012 and deduct 25% from any awarded compensation you receive. This is a legal requirement that came in to effect in April 2013.
You can liaise directly with the defendant insurers and reach a settlement in this matter. There is nothing to stop you from doing so. However, we are of the view that you will end up with a settlement value that is far below the amount that you would likely receive if you had a specialist Solicitor acting for you. When liaising directly with an insurer, how will you know if an offer of compensation is fair and reasonable? The insurers will be acting on legal advice and if they know that you do not have the same, they will play hardball and work to ensure that you settle the claim for far below the appropriate value.
Hello, thank you very much for your response. Can you please shed some light on the out of pocket expenses I wish to claim as part of my case? Is there any way I can add commercial insurance and car finance which I had paid during the six months I could not work?
I had an RTC on the M62 and I’m at fault. My employers have got rid of me but I have hurt my back in this accident. I can’t move or walk. Can I still claim?
If you were at fault for the accident, you cannot make a claim for personal injury compensation. Therefore, if you have admitted liability in this accident, we will not be able to pursue a claim on your behalf. If you believe that you were not responsible for the accident, you can make a claim.
Hi, i’ve been given some advice recently and not sure were I stand. I was involved in a very bad RTA driving a wagon 14 years ago that wasn’t my fault. The police & ministry of transport were involved and said no blame was on me. The insurance paid out for the damage to 10 cars & 100ft of fencing, the wagon and rescue crews to the total of £250,000. I had a solicitor that failed me after 3 years waiting he said he’d ran out of time. I had major head injuries, back injuries, broken sternum, rushed by ambulance to Whiston A&E in Liverpool. I nearly died, had 3 months off work.
I have just been informed that Watson Solicitors were negligent in my claim.
As you will appreciate, our speciality is in Personal Injury and as such, we can only really advise on that issue. However, in your situation you may have a right to make a claim against the Solicitors who have allegedly acted negligently in the handling of your claim. It would be interesting to know who has advised you that the former Solicitors were negligent?
If a Solicitor is found to have been negligent and in doing so caused a claim to fail or for their clients best interests to not be served, the failed client can pursue a claim against the firm for negligence and in theory, recover the damages you may otherwise have obtained if you had been correctly represented in the first place.
Hello am 26 and had a paper round from the age of 12 till I was 17, I was injured at 13 while delivering, a moped hit me while being chased by police plowing straight into me and sliced my full arm open and trapped a nerve in my back, I haven’t been the same since with sever back pains daily, I don’t know we’re to go or what to do, I haven’t been on disability hopping that one day I could work again.
It is such a pity that you were not advised to make a claim earlier in your life. UK personal injury law applies a strict claim limitation period. In your case, as you were 13 at the time of your accident, you could have made a claim at any stage between the date of your accident and your 21st birthday. Once this period had passed, you would have become statute barred and unable to pursue any action.
Hi I was in a RTA in 1988. I suffered horrific injury. ONE been my right arm. It was wrapped up for many months, when the bandages came off I had a gaping hole in the back of my arm. I was unable to lift my arm up. They said it would get better. It’s now 2019 and I’m still unable to use my right arm. It’s obvious to everyone and my GP has said the arm is abnormal. IS there anything I can do. It has ruined my life. I’m right handed. I can’t do things I love to do.
Sadly there is nothing that you can do despite the obvious severe injury you sustained and the massive impact it has had on your day-to-day life. The UK legal system applies a strict claim limitation period on claimants that requires that ANY claim is made within 3 years from the date of an accident for those over the age of 18 years and until the 21st birthday for those aged under 18 at the time of the injury.
Hi I have accident at work. I’m working in hospital as environmental porter and I was working in the compound area sorting out rubbish where there are skips for scrap electric and metal. There is public access to those skips, they are not behind close gate or fence. Scrap people comes in the white van try to steal scrap. My colleague approached the driver to tell them not to take anything but driver grabbed him by throat. He managed to free himself and the driver speeds off and hit me by the van and he never stopped it was hit and run. I’ve been advised by the solicitors that I can claim as road traffic accident. But that was during my work and at my work place. So the question I have is: Can I claim as road accident from van driver insurance and as accident at work from my employer? Or I can claim only once? Many thanks
You can only claim once and cannot make both a claim against the van driver and employer. In this case, the claim is not against your employer but against the van driver – if you have their details. To pursue your claim, you’ll need to have reported the incident to the Police and sought medical attention.
If you do not have the van driver’s details (or if it transpires that the van was not insured) you could still pursue a claim via the Motor Insurers Bureau (MIB) scheme for the victims of uninsured or untraced drivers. Whilst you don’t need to instruct a Solicitor to act for you on a claim via the MIB scheme, you may prefer to instruct one of our specialist Solicitors to act for you as you would then be certain that your legal rights were fully upheld and that your injuries and losses were comprehensively demonstrated and that your settlement reflected the same.
Had rta in 2013, was hit by a van side on with trailer full of wet concrete covered in plastic. I hurt my neck and back but went back to work a week later as time went i was getting worse with the pain. I had operation in 2014 because of bulging discs L4L5. Since my operation i haven’t returned to my job because of the pain, I’m also awaiting a spinal cord stimulater to be put in my back and also still getting treatment on my neck. Now i had 1 or 2 episodes of pain in my back before the crash in 2010 and some other time i was lifting a grill at work and basically sprained my lower back but was giving difene tabs from doctor and was back in work 4 days later, i was never out of work b4 with my back long term or my neck. My job is or was a fitter of rollershutters and steel doors, so involves alot of lifting. Should i be worried about anything regarding my claim? Just to note they have admitted liability and are looking for my medical records. It’s going on 6 years now and it’s been very hard.
As liability is admitted you should not worry. Clearly you sustained painful and serious injuries and in such cases, where a claim is ongoing it is not uncommon for the process to be lengthy whilst the two parties negotiate a reasonable and fair settlement based on medical evidence and prognosis reports.
Hi Ian, thanks for reply again. I am just worried about the pre-existing side of things as insurance companies tend to use that card all the time. I did nothing wrong and I could have been killed along with my colleague that was in the van with me. Will they try and lower the settlement because of pre-existing issues with my back? I have never had issues with my neck. I am now awaiting for spinal cord stimulant to be put into my spine as well.
You should not let your concerns about pre-existing health conditions from stopping you from pursuing your legal right to make a claim for personal injury compensation.
Whilst it is of course the case that a pre-existing condition will be taken in to account by a defendant to reduce their liabilities, it does not mean that the defendant gets away without making settlement. A specialist Solicitor would ensure that all ‘new’ injuries were compensated fully and that any pre-existing conditions that have been worsened or exacerbated in an accident are assessed by a medical expert with relevant knowledge. The experts report will be able to provide evidence as to the extent of the worsening of symptoms and further damage done in the index incident at the heart of the claim. This should ensure that you are fairly compensated for both the new injuries as well as the worsening of pre-existing conditions.
Thanks so much for your reply ian i feel much better now, thanks again.
We appreciate that making a claim or even having to consider making a claim for compensation is a daunting prospect. We are here to help our claimants understand their rights and ensure that they feel confident in the claims process.
I had an rtc on the 8th of jan 2020. A bmw swerved into me causing me whiplash and two blood clots in my lung. It was a 40mph road i was driving uphill he was driving downhill. I have a witness that saw the incident and given a statement that the car has hit mine first. They are not accepting liability and because I was third party only no one gives a damn. What can I do, he destroyed my pride and joy i’ve been working on for years. I still can’t come to terms with what happened and I’m traumatised by the whole experience. My car is still in the police impound, my insurance and broker are telling me different things. Will I ever get my car back or the hard earned money?
As long as the witness who appears to have confirmed your version of events is willing to state the same to the insurers and authorities, you should have no problem in obtaining settlement for the damages and out of pocket expenses as well as succeeding with a claim for personal and psychological trauma.
Thank you for fast reply, my insurance was only third party though and my witness confirmed the same story of events but the third party is still denying or not accepting liability. Apparently they have 15 days but what about my car? My monthly payments should of been on hold and I should still get my 1 year ncb as I have been told by haven claims.. but I’m still getting letters regarding missing payments. Ive Never been in an accident like this and i don’t know what to do my mental health is deteriorating and no one seems to help.
Were you injured in the accident? If you were, our Solicitors could help by commencing a claim for personal injury compensation.
Hi. Was in RTC where a taxi driver hit us in the back of a stationary vehicle. I decided to make a claim and it is within the 3 year period. My sister was the driver and I was a passenger sitting in the rear of the car. My sister made a claim at the time of the accident. So when I decided to make a claim two years later I went to the same solicitors firm that my sister used. When I called them I asked them to who would be paying their costs and I was told all their fees would be covered by the 3rd party. So I continued with the same company. I have not been happy with the company as they have not kept me in the loop and I have had to contact them so many times. Then I made it clear that I did not want them to access all my medical records and I only wanted them to have the records relevant to my accident. They asked my doctor for all my records. Luckily the doctors surgery contacted me and I made sure then that they only got the records relevant to my accident. I got a call almost 4 weeks ago telling me that I had an offer and that the solicitors dealing with my claim would be deducting 25% of my claim. I told them
I was not happy about this and that I want to speak to someone else as I was not happy and that I would not be happy with them taking 25% and I was told their fees would be paid by the 3rd party. I have rang numerous times and no one is giving me details of the third party, I asked for all the details that they have on me and they have refused to give me this information and would not give me details of how to make a complaint. Can the solicitors firm take 25% of my claim if they have not told me before hand and I was told their fees would be paid by the 3rd party. Also, can you tell me the offer that was made how long is it valid, as no one is getting back to me. I have told them that I was willing to give them 5% of my claim and that was all due to the way I have been treated. No one is getting back to me. what should I do?
Much will depend on what agreement you signed to formally instruct your chosen Solicitor at the outset of your claim. If you signed a standard Conditional Fee Agreement and it was signed post 1st April 2013, UK law will allow your Solicitor to deduct up to 25% of any agreed compensation settlement, including loss of income and special damages (except for any future loss of income or future medical costs).
If you believe that your Solicitor failed to make you aware that there was the possibility of a 25% deduction upon success and you were led to believe that it was simply No Win No Fee with zero deduction if you succeeded, you’ll need to formally complain to your Solicitor to see if they can ‘prove’ that they did explain the terms of the Conditional Fee Agreement with you. If they cannot prove it, you may be in a position to prevent them from taking any deduction. If the outcome of the complaint leaves you in the same position as you are now, you may wish to escalate it to the Solicitors Regulatory Authority or the Legal Ombudsman Service.
Thank you for your reply.
I did not get any paperwork to sign to say that they would be taking any sort of fee whatsoever.
I have written a complaint but no one is getting back to me.
Also how long is the offer from the 3rd party valid?
Have you checked whether the firm are still open? Most firms have set up remote working and although some service is disrupted, they should be able to get back to you.
The offer from the defendant should remain active for a while yet – but only if your firm is in contact with them in a reasonable time.
Thank you for your reply.
The firm are open and are working remotely. I get through to my case handler who keeps telling me she is waiting for the director to get back to her and that they will call me but no one calls. I have been waiting 2 weeks. I have written a complaint email to them. They won’t even give me their complaints policy or procedure details. I have proposed to give them 5% of my claim and that is it. They did initially say on this occasion they would accept 15% and I proposed 5% and no has contacted me since.
Did you hear further from them?
Hello
I had a car accident last January, third party has admitted fault. After my medical record to prove my injuries was sent to third party with the request to come up with an offer to settle, third party came back (after 6 weeks wait) with an offer to settle which is lower than what my solicitor has valued. My solicitor has suggested to initiate court proceedings to push the third party solicitor to make a higher offer which hopefully will be closer to the value my solicitor calculated. Is this normal practice? Why not simply reject the offer and say what we would expect, and if the third party disagrees than you issue court proceedings?
thank you
Sometimes, the best course of action is to issue proceedings. This can then force the defendant to take swift action to resolve matters before any hearing. Your Solicitor can easily cancel any court action if the defendant makes an appropriate offer.
I was involved in a rta in October 2018 and was hit from behind at traffic light. The woman who hit me admitted fault straight away. I have whiplash, back pain and also really bad travel anxiety resulting from the accident. I have received physio and also cbt which did not help my anxiety but the insurers have sent their first offer which has been rejected but my solicitor tells me they have 20 days to come back with a 2nd offer, it has now been 42 days and my solicitor tells me to stop being so impatient and if I carry on emailing for an update they will take longer to reply to me. My solicitor used to reply to my emails by the end of the day but is now telling me he will now take 4 days to get back to me. I feel like he is punishing me and making me wait longer. Surely if the insurers have a set number of days to respond they should of by now made their final offer?
Whilst your frustrations are understandable, your Solicitor is acting correctly and although the insurers have an agreed timescale to return, the timelines are not strictly enforceable and are guidelines. Further, given the fact that many office based staff are again being asked to work from home, it has caused across the board delays and this is likely the reason that your Solicitor now can’t be as proactive with their responses as they would like – or you were used to.
Your Solicitor will chase the defendants accordingly and should they need to issue court proceedings to force further action from the defendant, they will do so at the correct time.
Hi, someone reversed their car into me in the motorway as we were in stand still traffic, I was beeping my horn at her the whole time, she then got out of the car and took pictures of my vehicle and got back in the car. She wouldn’t come out of her car after that so I took some pictures of the scene and I also spoke to a person who’s registration number I have taken a picture of who witnessed the incident. Both of our vehicles have no damage on the picture and I thought she was just panicking but it turns out she reported the incident to her insurance and they have contacted me. what should I do?
You should make sure that the other drivers insurers are given the correct version of events and you should contact your own insurers to make an allegation of fraud against the other driver. You should provide your insurers with photographs of the vehicles at the scene with no damage and if you have the details of the witness, provide the same.
Hello I was in a road traffic accident at the start of the week and since then I have had to be seen by paramedics at home due to being dismissed at the accident scene. I have been left with whiplash bruised ribs and muscle spasms aswell as swelling, the police said if a ambulance was called they would just feel me and say I am fine although I was complaining of back pain on scene. I was also left by myself in pain shacking, crying next to my cracked car while police and passers by just turned their attention and helped the third party involved in the crash that had no injuries at all was talking and having a giggle with the people around her while again I was left by myself!! Police breathalysed me and I don’t remember the third party getting the same treatment as I was given. I believe I was dismissed and judged because I’m a young driver and the way I was treated was horrible I’m now left with injuries and had to take off work any help will be so appreciated
If you were the non-fault party in the car accident (i.e, the other driver caused the crash), we can help you to recover compensation for the pain and discomfort you have sustained. The symptoms you suggest are common in road traffic accidents and often do not manifest until 12-48 hours post accident, which seems to be the case here.