Road Traffic Accident Compensation Claims

23 questions have been answered below, why not ask your own?

We offer expert assistance with all Road Traffic Accident (RTA) claims, including the following:

Free replacement vehicle

At Direct 2 Compensation we realise you need to be back on the road as soon as possible and our expert solicitors have arrangements with leading hire companies to ensure this can and will happen if the accident was not your fault. You can be given a replacement vehicle of the same standard as your damaged vehicle literally within hours of your accident.

This is all done at no cost to yourself. If you are not liable for the accident, the costs of the replacement vehicle will be charged to the liable 3rd party driver and their insurance company.  In usual circumstances, a replacement vehicle can be provided within 24 hours of an accident and will be available to the non-fault driver until their damaged car is either repaired by an approved repairer and returned to them, or in the event that their own car is beyond repair, until they receive a settlement payment from the insurers for the value of their lost vehicle.

Specialist rehabilitation treatment for your injuries

If you have suffered injuries in a road traffic accident and feel that they are leaving you unfit to drive, we will inform our specialist solicitors as they may well be able to arrange for you to receive specialist private medical treatment such as physiotherapy or osteopathy for you.  At Direct2Compensation, we strive to make sure that your claim is about more than just money.  We believe that your compensation claim can also help your recovery as our solicitors will not only work to you get the personal injury compensation settlement you deserve, but also speedy and top notch medical treatment.

Any such treatment would be provided at no cost to you as it would be charged to the liable 3rd party on top of and above any injury compensation settlement.  They are not always provided and usually only available in cases where the road traffic accident has left you with serious injuries.  In less serious cases, you can personally pay for a course of private therapy, such as physiotherapy and retain the receipts in order that you can then reclaim the cost when your claim is settled.  Such expenses forms part of your special damages claim, which helps to form the overall value of your claim.

How long do I have to make a road traffic accident claim?

Whilst someone claiming personal injury compensation can rely on the statue claim limitation periods (see how long do I have to make a compensation claim?) which generally allow an injured party up to 3 years in which they must make their claim,  we advise that it’s best to make the claim as quickly as possible.  The reason I say it’s important to make a claim as quickly as possible is because this provides your solicitor with the optimum chance to win your claim as quickly as possible as the evidence that will support your claim for road traffic accident injuries is fresh and available and for injuries such as whiplash, expert medical assessments can be obtained.

Whilst an individual has three years from the date of an accident to make a claim for compensation, it is likely that at least 6 months of that period will need to be outstanding in order for a claim to be made successfully.  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. If you are in any doubt, please call us, email us, or complete our online claim form, and we will be in touch with you shortly to give advice.

There is no obligation for any person speaking with us to pursue their claim with us and certainly no charges at any stage for assessing, managing or pursuing your claim, so you have nothing to lose and much to gain if you can make a successful claim.

How much compensation will I receive for my injuries?

Every claim is different. However, there are guidelines issued by the courts for solicitors. Our solicitors are experts in handling RTA claims and know how to use these guidelines to ensure you receive the right amount of compensation for your injuries. You will be advised once initial evidence has been collected as to the likely level of the award of compensation for your road accident.

What other compensation will I receive?

In addition to the award for your injuries, you will also receive compensation for all other losses and expenses reasonably incurred as a result of the accident. Your solicitor will advise you what expenses you can claim but these are likely to include some or all of the following:

  • Lost earnings if you have been away from work as a result of the accident
  • Car hire
  • Car repairs
  • Treatment for your injuries
  • Miscellaneous expenses (bus fares, painkillers etc)

The fully compliant No Win No Fee claims service offered to you by Direct2Compensation guarantees that you are never liable for any costs whatsoever should your claim fail to succeed. To find out more about your compensation rights or to start your injury claim today, call us on 01225 430285 or if you prefer, we can call you back.

23 questions have been answered below, why not ask your own?

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Questions & Answers


  1. Gurpreet

    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?

    Reply
    • Ian Morris

      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.

      Reply
      • Gurpreet

        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?

        Reply
        • Ian Morris

          Have you checked whether the firm are still open (due to the Coronavirus pandemic)? 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.

          Reply
          • Gurpreet

            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.

          • Ian Morris

            Did you hear further from them?

  2. Anonymous A

    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?

    Reply
    • Ian Morris

      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.

      Reply
      • Anonymous A

        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.

        Reply
        • Ian Morris

          Were you injured in the accident? If you were, our Solicitors could help by commencing a claim for personal injury compensation.

          Reply
  3. Alexe

    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.

    Reply
    • Ian Morris

      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.

      Reply
  4. Santosh

    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?

    Reply
    • Ian Morris

      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.

      Reply
  5. Faisal

    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.

    Reply
    • Ian Morris

      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.

      Reply
      • Faisal

        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?

        Reply
  6. John Crow

    Self employed delivery driver hit by forklift truck at the Excel centre. Who is at fault and who are the liable parties for compensation?

    Reply
    • Ian Morris

      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.

      Reply
  7. Donna

    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.

    Reply
    • Ian Morris

      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.

      Reply
  8. Abdullah Mohamed

    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.

    Reply
    • Ian Morris

      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.

      Reply
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