I've been involved in a road traffic accident that wasn't my fault. How do I start a claim for compensation?

If you've been injured in a road traffic accident, the most important thing to do is ensure everyone involved is okay and seek medical attention if needed. When you feel able to speak to, you should contact a road traffic accident solicitor.

When you first contact a road traffic solicitor, they should discuss your case with you in detail, explaining the claim process and taking you through your options.

If your case is eligible for compensation, we will require evidence that supports your claim. As part of this, we'll arrange to get medical expert opinions on your injuries and any potential impact they may have in your life going forward.

Can I represent myself in a whiplash injury claim?

Since the updates to the Civil Liability Act 2018 and the introduction of whiplash reforms, it is no longer possible to recover legal costs from the parties at fault for claims valued at under £5,000. As a result, many law firms are no longer able to provide legal assistance with these claims.

Instead, the Ministry of Justice created the Official Injury Claim portal, allowing people to pursue whiplash claims themselves. This means that many more people are now representing themselves as a litigant in person, though this does present challenges of which you should be aware. You can read more about the challenges of representing yourself here.

It is possible to represent yourself as a litigant in person for any type of claim you may wish to bring. However, higher value claims usually indicate a much more complex case, potentially involving the need to consult with multiple experts, argue liability, and handle negotiations ensuring you achieve the full amount of compensation you deserve.

In these cases, it is strongly advised that you seek expert legal guidance from a specialist road traffic solicitor.

What evidence will I need to provide to support my claim?

If you were able to take evidence at the scene of the accident, we will ask you to share that evidence with us. That evidence may include:

• Details of the person at fault / the other driver
• Details of any witnesses
• Photographs of the accident scene
• Photographs of your injuries.

You may also be asked to provide details of any medical appointments you've attended and any medication prescribed to help with the treatment of your injuries. We will also need to send you for an independent medical appointment where a medical examiner will examine you and write a report based on your injuries.

How do I fund a claim for a road traffic accident?

On 31st May 2021, the UK government introduced changes in the legislation that determines how road traffic accident claims are handled.

It means that for any claims valued at less than £5,000, legal fees can no longer be recovered from the party at fault – which in turn means that most small value claims are no longer handled by law firms. However, these claims can be pursued without legal guidance, using the MoJ’s Official Injury Claim portal.

Most claims valued at over £5,000 are funded under a No Win No Fee agreement. Under this agreement, if your case is unsuccessful, you won't have to pay a penny which means they'll be no financial risk to you. Click here for more information on No Win No Fee claims.

Are you able to claim on behalf of someone who has died as a result of a road traffic accident?

If a loved one has passed away as a result of a road traffic accident, you may be able to claim on their behalf. If the deceased made a will, the executor of the estate is responsible for pursuing the claim on behalf of any dependents. If there is no will, only certain relations or family members are able to make a claim following the death of a loved one.

The people who are able to make a claim for compensation are prescribed by law and the list is extensive, but one of our experts in road traffic accidents will be able to advise whether or not you can make a claim. For more information on fatal injuries, please click here.

Can I make a compensation claim if I was injured in a road traffic accident but was not wearing a seatbelt?

If someone else was at fault for you being injured in a road traffic accident then you can make a claim for compensation. If it's found that not wearing your seatbelt made your injuries worse, then you will be found partially to blame for the accident and your compensation payment will be deducted to represent the percentage of your blame.

Can I claim compensation if I was injured in a road traffic accident in another country?

If you've been injured in a road traffic accident in another country, whether as a driver, cyclist, motorcyclist, passenger or pedestrian, you may still be able to make a claim for compensation.

Often in road traffic accidents which happen overseas, there can be conflicts in jurisdictions and law and in many European countries there are laws where fault doesn't need to be proved. This is why it's so important to ensure the law firm you choose has specialists in road traffic accidents abroad who understand the laws which apply and have a network of experts across the globe.