Road traffic accidents: How to claim compensation for car and motorcycle injuries

Understanding road traffic accident compensation

Road traffic accidents can be life-changing events, causing physical, emotional, and financial hardship. Whether you’ve been injured in a car accident or a motorcycle accident, understanding how to claim compensation is crucial. This guide provides a step-by-step approach to bringing a successful road traffic accident compensation claim, ensuring you receive the support you deserve.

Common injuries sustained in road traffic accidents

Road traffic accidents can result in a wide range of injuries, from minor bruises to life-threatening conditions. Common injuries include:

• Whiplash and other soft tissue injuries.
• Fractures and broken bones.
• Spinal cord injuries.
• Head and brain injuries.
• Psychological trauma, such as post-traumatic stress disorder (PTSD).

Injuries like these often require extensive medical care and rehabilitation, further highlighting the importance of seeking compensation.

Who can make a road traffic accident compensation claim?

You may be eligible to make a claim if:

• You were a driver, passenger, motorcyclist, or pedestrian injured in an accident caused by someone else’s negligence.
• You were partially responsible for the accident but suffered significant injuries.
• The accident involved an uninsured or untraceable driver (through the Motor Insurers’ Bureau).

Seeking legal advice for road accidents can help determine your eligibility and strengthen your case.

Steps to claim compensation after a road traffic accident

1. Gather evidence: Evidence is critical in proving your claim. Start by documenting the accident scene with photos, noting the position of vehicles, road conditions, and any visible injuries. Obtain witness statements and request a copy of the police report, if applicable.

2. Seek Medical Attention: Even if your injuries seem minor, consult a medical professional immediately. Medical records serve as essential evidence and ensure you receive proper treatment.

3. Report the accident: Notify your insurer and, if necessary, the police. Accurate records of the incident help establish timelines and responsibility.

4. Consult a personal injury solicitor: Working with an experienced solicitor simplifies the car accident injury claim or motorcycle accident compensation process. They will evaluate your case, negotiate with insurers, and represent you in court, if required.

5. Bring your claim: Submit your compensation claim with all supporting evidence. Claims can include expenses such as medical bills, lost income, and rehabilitation costs.

Time limits for bringing a claim

In most cases, you have three years from the date of the accident to bring a claim. Exceptions may apply, such as when the injured party is under 18 or lacks mental capacity. Prompt action ensures critical evidence is preserved and deadlines are met.

How compensation is calculated

Compensation for a road traffic accident typically consists of two components:

General damages

This compensates for the pain, suffering, and loss of amenity caused by your injuries.

Special damages

This covers financial losses such as medical expenses, travel costs, and loss of earnings.

Every case is unique, and the amount you receive depends on the severity of your injuries and their impact on your life.

Frequently asked questions about road traffic accident claims

1. Do I need a solicitor to make a claim?

While you can bring a claim independently, a solicitor ensures your claim is handled professionally, maximising your compensation.

2. What if the other driver is uninsured?

If the at-fault driver is uninsured or untraceable, you can still claim through the Motor Insurers’ Bureau (MIB). Learn more from their official website.

3. How long does the process take?

The duration varies depending on the complexity of the case. Straightforward claims may be resolved in a few months, while complex cases could take longer.

Benefits of working with a personal injury solicitor

Enlisting the help of a solicitor provides numerous advantages, including:

• Expert guidance through the legal process.
• Accurate valuation of your claim.
• Negotiation with insurers for fair compensation.
• Peace of mind, allowing you to focus on recovery.

For more information, visit our page on Personal Injury Solicitors.

Our road traffic accident specialists

We understand being injured in a road traffic accident can have significant and in some cases life-changing consequences for those involved and those close to them. Our road traffic claim experts have vast experience in supporting clients with a claim when somebody else is at fault, or partly to blame for an incident on a road or pavement. Helping them to obtain compensation to support potential loss of income or the required after-care support for life after their accident.

We understand you will want to know how we can assist, so we offer a free of charge no obligation first meeting or chat, which we follow up with a full letter of advice. If you are in any doubt as to whether you have a claim, please do contact us, again completely without obligation.

We are also able to discuss how you can cover the cost of a claim, including through a ‘no win no fee’ agreement. Contact us for more information.

Case Studies

• Fosters Solicitors secure £100,000 settlement for road crash client.
• Insurers dishonesty claims rebuffed.

This article was produced on the 22nd January 2025 for information purposes only and should not be construed or relied upon as specific legal advice.