Road Traffic Accidents

Road traffic accident claims must be brought within three years of the accident date. For children under 18, claims can be brought until their 21st birthday. If injuries weren’t immediately apparent, time may run from when you realised the full extent of injuries.

Three years sounds like a long time, but investigating claims, gathering medical evidence, and negotiating settlements takes months or years. We recommend starting claims as soon as possible after accidents to ensure important evidence like dashcam footage or witness memories remain available.

You can still claim even if you were partly at fault. Compensation is reduced by your percentage of fault under contributory negligence rules. If contributory negligence applies, your compensation is reduced by the percentage you’re found to be at fault.

Insurers often allege contributory negligence to reduce settlements. We challenge unfair allegations and ensure any fault apportionment accurately reflects actual circumstances. Many cases involve no contributory negligence despite insurers’ initial assertions.

Compensation covers pain and suffering from injuries, medical treatment costs, physiotherapy, travel expenses to medical appointments, vehicle damage, lost earnings during recovery, care and assistance, and any other losses caused by the accident.

Serious injury claims also cover future losses including ongoing treatment costs, reduced earning capacity, care needs, and impact on quality of life. We appoint medical experts to quantify the full extent of injuries and ensure all financial losses are accounted for ensuring comprehensive compensation.

If negligent drivers are uninsured, you claim against the Motor Insurers’ Bureau (MIB), which compensates victims of uninsured and untraced drivers. MIB claims follow similar processes to insurer claims but have stricter requirements including reporting accidents to police.

MIB claims can be more complex than standard insurance claims and the MIB may investigate more thoroughly. However, compensation levels are the same. We handle all MIB procedures ensuring you receive appropriate compensation despite drivers lacking insurance.

No, insurers’ initial offers are often below claims’ true value. Insurers try to settle quickly and cheaply before claimants understand the full injury extent or obtain legal advice. You’re not obligated to accept any offer and can negotiate or proceed to court if necessary.

We review insurers’ offers, appoint medical experts to establish true injury value, and negotiate appropriate settlements. Most cases settle for significantly more than insurers’ initial offers once we’re instructed and obtain proper medical evidence.

Important evidence includes police accident reports, photographs of accident scenes and vehicle damage, witness contact details, dashcam footage, medical records documenting injuries and treatment, and records of lost earnings and expenses. The more evidence available, the stronger your claim.

Gather evidence quickly as dashcam footage may be overwritten and witnesses’ memories fade. However, don’t worry if you lack evidence, as we can obtain police reports, CCTV footage, and other evidence during claim investigation.

The time to settle a claim depends on the severity of your injuries, whether liability is disputed, and other factors. We’ll give you a realistic indication of timescales for your particular case. Claims can’t settle until injuries stabilise and prognosis is clear.

We can obtain interim payments for lost earnings and treatment costs while claims proceed. Most claims settle through negotiation without court proceedings. If insurers dispute liability or make inadequate offers, court proceedings extend timescales but ensure fair compensation.

Cycling accidents occur in various circumstances, but the majority are when a cyclist is knocked off their bicycle by a vehicle, hits a pothole in a road, or where a piece of equipment such as a helmet or bicycle frame fails. Cycling accidents range from the relatively straightforward to the most complex. Whatever the case, Fosters Solicitors have the experience to provide you with the best support and advice.