Road Traffic Accidents

Whether you have been involved in a road traffic accident as a motorist, passenger or pedestrian, you may have a claim provided that the accident was not solely your fault.

You may also be able to claim against the local authority if obstruction or road defects were responsible for the accident for example. You will still be able to make a claim if a friend or family member was responsible for your accident – remember that they will be insured through their motor insurance policy and so any compensation paid out to you will not come from their pockets but from the insurance company themselves.

Accidents that have been caused by an untraced or uninsured driver are dealt with slightly differently – please see the Motor Insurers Bureau claims section for further details.

Injury claims worth a figure of £25,000 or less will be pursued through the online RTA Portal  - this is a controlled site whereby a Claimant Solicitor is able to trace the relevant Defendant Insurers and thereafter deal with the claim in accordance with the online procedures with the Defendant insurers directly, swiftly and in line with the strict timetable set. Sometimes a minor injury claim will be capable of settlement without going through the process of obtaining copy medical records and having the Claimant examined by a Consultant.

Claims worth in excess of this figure will be dealt with outside of this Portal and may take a little longer to settle (depending upon the severity and extent of the injury sustained). These claims will always require copy medical records and an independent medical examination - this is simply to allow me to be able to prove that you have been injured and to prove the severity of your injury, which in turn helps me to accurately value your claim for compensation.

Case Study

In this case, the Claimant (C) was a motorcycle rider who sustained severe injuries after being thrown from his motorbike in a head on collision with a car. In the impact, his motorcycle helmet slipped off thereby leaving his head unprotected. As he fell, he landed onto his head and also fractured his wrist. C spent some time unconscious in the intensive care unit at the local hospital, and had to have an operation to remove blood clots from his brain.

C instructed a Firm of solicitors to take on his claim. They tried to get him to agree to take a 50% share of the blame for the accident. Unfortunately, C could not remember the accident and so could not say whether he was also at fault for the collision.

Through word of mouth, C transferred his claim to Karen Pointon. Karen was able to negotiate a full settlement, with the Defendant taking 100% of the blame for the accident.

The matter settled out of court for the sum of £57,000.

Important Points To Note

  • Take photographs of vehicles involved, also the scene of the accident, even using a mobile telephone if you have no camera with you. If you do print these photographs off at a later date, please remember to add the date that these were taken as far as you can recall on the back, also note who took them. If not printed off, make a note of when these were taken
  • Take photographs of the obstruction / road defect and measure this if possible in the event that this is later removed / repaired – again put the date and the person who took the photographs on the back – if not printed off, make a note of when these were taken
  • Ensure you get names, addresses and contact telephone numbers for all involved and any witnesses who saw the accident
  • Make sure you make a note of the date and time of the accident, the name/ number of the road, direction of travel, any nearby landmarks, weather conditions, road conditions, etc. Also note the number of passengers in the Defendant’s vehicle and your own vehicle. Note down all vehicle registration numbers.
  • Make sure you call the police if there have been serious injuries. Also telephone the police if the Defendant driver did not stop after the accident
  • After the accident, keep a diary of any symptoms and when they started, any GP / Hospital visits, along with details of any expenses / financial losses. Keep receipts where possible.
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