Road traffic accident compensation

Road traffic accident compensation

For getting your life back on track

Being involved in a road traffic accident can be a traumatic experience. The aftermath can leave you or a loved one dealing with injuries, emotional distress and questions about what to do next. The repercussions can affect your daily life, from dealing with physical pain and mental trauma to facing unexpected medical expenses or loss of income.

At Switalskis, we understand what you're going through. Specialising in road traffic accident claims, we can guide you during the process of making a compensation claim. Our expert team of road traffic accident solicitors is here to offer you compassionate, clear and concise advice, making sure you're well informed throughout.

Whether you've been in a car accident or any other road-related incident, we're here for you. We pride ourselves on cutting through the legal jargon and making every step of your claim transparent and understandable. When working with Switalskis by your side, you're partnering with a team invested in securing the best outcome for you.

To see if you are eligible for road traffic accident compensation, please call our Switalskis team
on 0800 138 0458, or get in touch with us through our website to find out more about how we can help.

How Switalskis can help

Road traffic accidents are unfortunately common and can happen in the blink of an eye. From minor bumps to high-speed collisions, the consequences can vary widely but are often serious.

Some of the most common injuries sustained from road traffic accidents include:

  • Whiplash: often resulting from rear-end collisions, this is a type of neck injury caused by a sudden movement of the head.
  • Broken bones: from simple fractures to compound breaks, the impact can cause various bone injuries.
  • Head and brain injuries: these can range from concussions to more severe traumatic brain injuries.
  • Spinal cord injuries: accidents can lead to partial or complete paralysis, significantly impacting one's quality of life.
  • Cuts and bruises: these might seem minor, but can lead to complications if not treated promptly.

Beyond the physical, the emotional toll of an accident shouldn't be underestimated. You may experience anxiety or (PTSD) following a serious accident. This can affect your ability to drive, as well as cause you distress elsewhere in your life.

Accidents can also cost you financially. Medical bills, therapy costs, vehicle repairs and lost wages due to time off work can quickly add up. Making a compensation claim can sometimes cover these losses, aiming to put you back in the financial position you were in before your accident.

At Switalskis, we care about understanding the full scope of how the accident has affected you, both physically and emotionally. Our approach is holistic, compassionate and clear. We're here to help you understand your rights and the potential compensation you could receive, and find the path forward.

Read what our clients had to say about the help they received from Switalskis

Making a road traffic accident claim

Making a compensation claim might seem daunting at first, but with the help of our legal professionals, it becomes more straightforward. Here's a clear and concise guide to help you understand the process.

Step 1: Initial consultation

When you call us, we'll discuss the details of your road traffic accident, assess the potential of your claim and outline the next steps to take.

Step 2: Establishing your claim

We'll begin collecting evidence. This can include medical records, photographs of the accident scene, witness accounts and any relevant police reports. We'll also determine if there were any breaches of road safety regulations or negligence by the other party.

Step 3: Notifying the defendant

Once we’ve compiled all the necessary evidence to make your claim as strong as possible, we'll draft and forward your claim to the responsible party and their insurance provider. We’ll handle any communications between you and the relevant party so you can avoid the confrontation.

Step 4: Negotiation

At this point, if the other party admits liability, the defendant’s insurance company will assess the claim. They might acknowledge fault and propose a settlement, or they could contest the claim. If liability is denied then we will advise you of the next steps. Either way, we will negotiate with the other party, seeking to get the best outcome for you.

Step 5: Court proceedings (where necessary)

If an agreeable settlement can’t be reached, it might be necessary to escalate the matter to court. Our solicitors are experienced in handling cases in court, so we’ll make sure your case is prepared for court, where we’ll represent and support you through the process.

Step 6: Settlement and compensation

Upon a successful claim, we'll make sure the compensation is paid to you.

What are the time limits for making a road traffic accident claim?

In most cases, you have three years from the date of the accident to start a claim. However, there are some exceptions:

Children

If the accident involves a child, the three-year limit starts from their 18th birthday.

Mental capacity

For people who lack the mental capacity to make a claim, there might be no time limit at all.

Death

If you’re claiming on behalf of someone who has died due to a road traffic accident, the time limit may begin from the date of death, or from when you became aware that the cause of their death was as a result of a road traffic accident.

Criminal injury claims

If the incident was caused by an intentional hit and run, you’ll need to make a claim through the Criminal Injuries Compensation Authority (CICA), which has different rules regarding personal injuries caused by criminal activity. We can help you navigate this process.

Motor Insurers Bureau (MIB)

The MIB is a government-funded scheme to compensate victims of uninsured and untraced drivers. The claim should be submitted to the MIB within three years of the accident. The MIB will not accept a claim outside of this timescale without very good reason, but as long as it receives the claim within time, no limitation deadlines apply.

It’s essential that you start your claim as soon as possible to make sure you have the best chances of success. Contact our team as soon as you’re safe and able to, and we’ll help you to understand your options.

What will road traffic accident compensation cover? How much compensation can I claim?

Compensation aims to put you back in the position you'd have been in had the accident not happened. The type of compensation you’ll receive is divided into two categories:

  • General damages: these cover the pain, suffering and loss of amenity you’ve experienced as a result of the accident, including both physical injuries and psychological trauma.
  • Special damages: this covers any financial losses you’ve experienced due to your injuries. These may include:
    • Medical expenses: such as healthcare treatments, physiotherapy, counselling, or any other treatments linked to your injuries.
    • Loss of earnings: if you've had to take time off or are unable to work due to your injuries.
    • Travel expenses: any travel costs associated with your injuries, such as trips to and from medical appointments.
    • Care and assistance: help with daily activities or personal care due to your injuries.
    • Future losses: if your injury is likely to cause ongoing issues, future losses can be factored into your claim. This might include future loss of earnings, future medical expenses, or costs for ongoing care or assistance.

The exact amount of compensation you’ll be awarded for a successful claim varies based on the severity of the injury, the impact on your life, and specific financial losses.

To see if you are eligible for road traffic accident compensation, please call our Switalskis team
on 0800 138 0458, or get in touch with us through our website to find out more about how we can help.

How are road traffic accident claims funded?

The majority of our personal injury claims operate on a no win, no fee basis. If your claim isn't successful, you won't have to pay legal fees. If your claim is successful, your legal fees will be deducted from your compensation award. This will be agreed with you at the start of any claim..

Making a personal injury claim with Switalskis is safe and simple. We prioritise getting the best award for you without sacrificing your security.

What to remember when making a road traffic accident claim

Although you’re likely to be under a lot of stress following your accident, there are a number of steps you can and should take. These can help you to prepare for making a compensation claim:

  • Seek medical attention: before doing anything else, you should make sure you’ve been seen by a medical professional. You should do this even if your injuries appear minor, or you think you’re unharmed. Some symptoms may only appear later down the line, and they can be life-changing or even fatal.
  • Report the incident to the police: reporting your accident to the police creates an official record and can help to validate your claim.
  • Take photographs of your injury/scarring and the accident: clear photographs taken shortly after the incident and during the healing process can help demonstrate the extent of your injuries and the impact they’ve had on your life. They can also help the court to see the damage to your car and gain context about the accident, including when and where it happened.
  • Get the contact details of any witnesses: if there were any witnesses to the accident, make sure to get their contact details so your solicitor can reach out to them during the course of your claim.

Remember, a road traffic accident claim isn't just about securing compensation - it's about making sure that you have the resources and support to move forward and recover. With the right approach and guidance, you can navigate this journey with confidence.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 138 0458, or get in touch via our form.

Our road traffic accident compensation specialists

Image of Johanna Caine - Solicitor in our Personal Injury
Johanna CaineSolicitor
Photo of Diane Parker
Diane ParkerDirector and Solicitor
Image of John McQuater,Director and Solicitor Advocate and Head of the Personal Injury department.
John McQuaterDirector and Solicitor Advocate
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Why Switalskis?

Though claiming compensation might not be your first thought following an accident, making a claim can help you in more ways than you think. At Switalskis, our expert and compassionate solicitors will work on your behalf so you can focus on your recovery.

Clarity in complexity

Road traffic accident compensation claims can seem complicated, but understanding them doesn't need to be. We’re committed to unravelling complex legal jargon into clear, easy-to-understand language. We answer your queries, simplify what's complicated, and make sure you understand each stage of the process fully.

Empathy at every step

Our team is invested in understanding your unique circumstances. We listen to your worries, respect your feelings, and offer mindful advice for your specific situation. To us, you're not just a client; you're a person experiencing a tough time. We’re here to provide our unwavering support.

Expertise you can trust

When dealing with something as critical as a road traffic accident compensation claim, you need assurance that you're in trustworthy hands. Switalskis boasts decades of experience and a proven track record in handling road traffic accident compensation claims.

We're dedicated to advocating for your rights and working towards the most favourable outcome for you. Many of our solicitors are recognised specialists in their field, accredited by the Law Society .

Championing your rights

Our team is motivated to make your voice heard. We'll guide you at each step of the road traffic accident claim process, making sure you're well-informed and feel confident to make the right decisions. Trust us to turn a challenging situation into a journey towards justice and recovery.

FAQs about road traffic accidents

Can I claim if the accident was partially my fault?

Yes, you can still make a claim even if you were partially responsible for the accident. This situation is known as "contributory negligence." In cases of contributory negligence, your compensation may be reduced based on your level of responsibility for the accident. For example, if it’s determined that you were 25% at fault, your compensation might be reduced by 25%. Our experienced team will work closely with you to gather evidence and establish the facts of the case, to make sure your compensation reflects the other party's negligence as accurately as possible.

What evidence is needed to support my claim?

The success of your road traffic accident claim often depends on the quality of the evidence you can provide. It’s crucial to collect as much evidence as possible to demonstrate the other party’s negligence and the extent of your injuries. Key evidence includes:

  • Photographs of the accident scene, damage to vehicles, and any visible injuries.
  • Witness statements or contact details of anyone who saw the accident occur.
  • Police reports, if law enforcement agencies were involved.
  • Medical records detailing your injuries and any treatments received (including hospital visits, GP appointments, and prescriptions).
  • Financial records that show any costs incurred as a result of the accident, such as vehicle repair bills, medical expenses, and loss of earnings due to time off work. 

Collecting and organising this evidence early on can significantly strengthen your case and improve the likelihood of a successful claim.

Will I have to go to court?

It’s understandable to be concerned about going to court, but in the vast majority of road traffic accident cases, it won’t be necessary. Most claims are settled out of court through negotiation with the other party’s insurer, which often results in quicker and less stressful resolutions. However, if a settlement cannot be reached, or if the other party disputes their liability, it may be necessary to take the claim to court. If your case goes to court, our legal experts will fully prepare you for what to expect, represent you in all proceedings, and present your case as effectively as possible. We’ll be with you every step of the way to reduce stress and deliver a fair outcome.

What if the other driver is uninsured or untraceable?

If the other driver involved in your accident is uninsured or cannot be identified (such as in a hit-and-run situation), you can still pursue a claim through the Motor Insurers’ Bureau (MIB). The MIB is a government-backed organisation that compensates victims of road traffic accidents caused by uninsured or untraceable drivers. The process for making a claim through the MIB can be slightly different from a typical claim, but we will guide you through it and ensure that all necessary documentation is provided. Even though the situation may seem complicated, you are still entitled to seek compensation for your injuries, financial losses, and any vehicle damage caused.

How does no win, no fee work?

Our “no win, no fee” arrangement, also known as a conditional fee agreement, allows you to pursue your claim without worrying about legal fees upfront. If your case is unsuccessful, you won’t have to pay any legal fees. If you win, our fees will be deducted from your compensation as a pre-agreed percentage. This arrangement ensures that there’s no financial risk to you, as you only pay if your claim is successful. Before starting your case, we’ll clearly explain the terms of the agreement so that you fully understand what’s involved and what to expect regarding costs.

How long do road traffic accident claims take?

The time it takes to settle a road traffic accident claim varies depending on the complexity of the case. For straightforward claims, where liability is clear and injuries are relatively minor, a settlement may be reached within 6 to 12 months. However, if the case involves serious injuries, complex medical evidence, or disputes over liability, it could take longer - sometimes up to 18-24 months or more.

Rest assured, we will work diligently to progress your case as quickly as possible, while making sure that we secure the maximum compensation available for your circumstances. Throughout the process, we will keep you informed of any updates and next steps.

What will road traffic accident compensation cover?

Road traffic accident compensation is designed to cover both the financial losses you’ve incurred and the impact the accident has had on your quality of life. This includes:

  • Medical expenses, including any treatments, medications, rehabilitation, or surgeries required due to the accident.
  • Loss of earnings, if you are unable to work as a result of your injuries, either temporarily or permanently.
  • Future care and rehabilitation costs, especially if long-term medical support or home care is needed.
  • Vehicle repair or replacement costs, if your car was damaged in the accident.
  • Pain and suffering, which compensates for the physical pain and emotional distress caused by the accident.

Loss of amenity , if your injuries have affected your ability to engage in hobbies, activities, or day-to-day life in the way you did before the accident. The aim of compensation is to put you back in the position you were in before the accident, as much as possible, both financially and in terms of quality of life.

How much is compensation for road traffic accidents?

The amount of compensation you may receive for a road traffic accident depends on various factors, including the severity of your injuries, the impact on your ability to work, and any financial losses you have incurred. Compensation for minor injuries may be in the range of a few thousand pounds, while more serious injuries, such as life-changing disabilities, could result in much higher amounts - sometimes hundreds of thousands of pounds or more. Our solicitors will assess the specific details of your case, including medical reports and the long-term prognosis of your injuries, to give you a clearer idea of how much compensation you could be entitled to.

What are the types of personal injury claims?

Personal injury claims come in various shapes and sizes, each with its own set of rules, challenges and considerations. At Switalskis, we've got the expertise to handle a wide range of personal injury claims. Here's a quick rundown of the various types of personal injury claims we can help you with:

Find out how Switalskis can help you

Experiencing injury due to a road traffic accident can leave you feeling traumatised and worried about your future. With the right legal support, you can be confident that your future is secured.

Reach out to Switalskis today by calling 0800 138 0458 , or get in touch with us via our website to discuss your concerns confidentially with a legal specialist.

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