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RTA Claims FAQ
Road Traffic Accidents, often referred to as ‘RTA’s’, can be extremely distressing and can have devastating effects on the victim and their loved ones. Our road traffic accident team have many years of experience representing drivers, passengers (including young children), pedestrians, users of public facilities, cyclists, and motorcyclists.
- 1 Common RTA Claim Types:
- 2 Choosing Smith Jones to Represent You
- 3 Frequently Asked Questions
- 3.1 Average Compensation For Road Traffic Accidents
- 3.2 Road Accident Claims – What You Need
- 3.3 An Insurer Has Offered To Settle Without The Need For Solicitors, Is That A Good Idea?
- 3.4 The Driver’s Insurance Tried To Put Me Through To A Firm Of Solicitors, Do I Have To Use Them?
- 3.5 I Was The Passenger In A Vehicle That Was At Fault For The Road Traffic Accident, But I Was Injured – Can I Claim?
- 3.6 I Was Involved In a Road Traffic Accident But I Was Not Wearing My Seatbelt, What Next?
- 3.7 The Driver That Caused The Accident Fled The Scene Before I Got Their Details. Can I Still Claim For My Injuries?
- 3.8 What Is The Process For Making A Road Traffic Accident Claim?
- 3.9 How Soon After A Road Traffic Accident Do I Need To Make A Claim?
By instructing us to act on your behalf, we will work to ensure that you receive compensation for any associated medical expenses, lost income, lost potential income and other related expenses that you incur as a result of being involved in an accident. We will also work to ensure that you receive the best possible care and rehabilitation for the injuries that you have sustained.
Average Compensation For Road Traffic Accidents
It is extremely difficult to put any sort of ‘value’ to it before we receive medical evidence. We do, however, have guidelines which may be able to give you an idea of what your claim for a road accident may be worth.
Our handy calculator is based on guidelines provided by past cases involving similar injuries. There are many factors which are taken into account when settling personal injury claims so the calculator should only be used as a rough guide.
Road Accident Claims – What You Need
To ensure that you are properly compensated for the accident you have been involved in, the more information you can provide to assist with your claim, the better.
When you receive a copy of the official police report, ensure that you retain this. This report will contain a number of important details about making personal injury claims. In some cases, this may also include the police officer’s opinion of who was responsible for the accident.
If you are able to, you should also make notes about the accident. These should contain as much detail as possible. Even if you think something is insignificant at the time, still include it, as it could prove useful to your claim.
If possible, be sure to also retain the following:
- Photographs of your injuries after the accident
- Prescriptions and receipts for any costs you have incurred relating to your medical treatment and medications
- Receipts for any costs you have incurred due to your injuries affecting your day-to-day life. These could include costs for taxis, childcare or holidays that you have had to cancel
- Letters from your employer which state the period of time that you have been unable to work and the income that you have lost as a result of this
- A daily diary, which records any details that are not covered by receipts. These details could include how you got to and from hospital appointments, how long you spent at the hospital, and the pain and discomfort that attending appointments caused
- A record of how you are feeling and the difficulties you face each day as a result of the injuries that you have suffered
An Insurer Has Offered To Settle Without The Need For Solicitors, Is That A Good Idea?
The ‘at fault’ party will have to notify their insurers of the accident which means that their insurance will be one of the first people to know about your accident. Some insurers will try to deter injured parties from starting a claim altogether and in some instances, they will try to settle the quickly in order to minimise the amount they have to pay out.
The Law Society recommends you instruct a solicitor to ensure that you are properly represented and the final amount you receive is not under-settled. Once you have accepted an amount in full and final settlement, you are not able to claim again. Remember, your injuries may worsen over time and it is likely that you will not have received the full compensation you are entitled to.
By instructing an independent personal injury claims specialist, you can be confident that the advice you receive will be entirely in your best interest as solicitors have a duty of care to their clients. You will also be protected by professional regulations imposed on all solicitors by the Solicitors Regulation Authority.
The Driver’s Insurance Tried To Put Me Through To A Firm Of Solicitors, Do I Have To Use Them?
Most coverage providers will try to put you through to one of their panel solicitors. This does not mean that you have to use their recommended firm. It is entirely your choice who you choose to represent you. We recommend you look at the firms’ credentials and choose somebody that you feel can best understand your situation to ensure the best outcome for you. It is important to remember that most insurers will want to pay out as little as possible.
Smith Jones is not affiliated with any insurance companies, we work directly with clients to secure the compensation they deserve.
I Was The Passenger In A Vehicle That Was At Fault For The Road Traffic Accident, But I Was Injured – Can I Claim?
As a passenger in the vehicle, you should be compensated for your injuries. If the driver of your vehicle was responsible for the accident, you would be making a claim against them (their insurers). This may seem uncomfortable if you know the driver, however, many people do choose to start a claim in this way if they have suffered injuries and other expenses which have left them out of the pocket.
As it is the insurance that would deal with most legal proceedings, there is likely to be little direct contact with the driver.
I Was Involved In a Road Traffic Accident But I Was Not Wearing My Seatbelt, What Next?
Yes, the fact that you were not wearing a seatbelt at the time of the accident does not remove your right to make a claim for compensation.
The law does take into account the fact that you should have been wearing a seatbelt (unless you are exempt) and so claims of this nature are classed as having an element of ‘contributory negligence’.
If the defendants prove contributory negligence, the amount you would receive could be reduced by up to 25%.
The Driver That Caused The Accident Fled The Scene Before I Got Their Details. Can I Still Claim For My Injuries?
The police may have been able to trace the driver of the vehicle responsible for your accident when the incident was reported. If this is the case, and the driver holds valid insurance, we should be able to help you with a personal injury claim in the usual way.
If the driver of the vehicle was traced but does not have insurance, we may be able to help you with a claim through the Motor Insurers’ Bureau (MIB) Uninsured driver scheme.
Should the driver remain untraced, we may still be able to conduct an ‘untraced driver’ claim on your behalf. We suggest you call our friendly team to discuss this in more detail as you are able to start a claim in this manner by yourself.
You can speak to a member of our specialist team on Freephone 0800 195 95 90 and they will be happy to advise you of your options.
What Is The Process For Making A Road Traffic Accident Claim?
The idea of bringing a claim can often be a daunting process, particularly if you do not know what to expect.
Whilst every accident claim is different, we have put together an overview of the general road traffic accident claim process to help put your mind at rest and provide you with some insight into what to expect when beginning your claim.
How Soon After A Road Traffic Accident Do I Need To Make A Claim?
The time limit within which you must bring your claim is known as the ‘limitation period’. In the UK this is 3 years but each country’s law is different. In some countries, you have as little as one year. We recommend you speak to a member of our team as soon as possible after the accident. It can be more difficult to make a claim if you leave it until a long while after the accident happened.