There are significantly more cars on the roads than ever before and life does sometimes feel time pressured with people often rushing around. It is therefore no wonder that there are so many road traffic accidents.
If you are involved in an accident some simple points to be aware of:
- Take a note of or ideally a photograph on your phone of the other person’s registration number and the make and model of their car
- If possible, obtain the other person’s full name, address, contact number and their insurance company name and policy number
- Make a note of the description of the other driver and how many passengers they have in their vehicle.
- Obtain the name, address and contact number of any witnesses.
- Report the matter to the police and obtain a crime reference number. Often, unless there is a visible serious personal injury, the police are unlikely to attend the scene
- Report the accident to your own insurers
- Contact RJT Solicitors as soon as you as you can after your accident. Motor insurers will often try and settle your injury claim directly with you, which can mean that you come away with less compensation than you are entitled to.
- If you have suffered personal injury as a result of the accident go to your GP or local walk-in-centre for advice and/or treatment. It is not always the case that you experience symptoms immediately after your accident, not least as you may be in shock.
How long do I have to claim after a road traffic accident?
Court proceedings must be issued within 3 years of the date of the accident. However, there are some exceptions:-
- Children- a claim can be made at any time on behalf of your child until they are 18. After that, they can make their own claim provided that court proceedings have been issued before they turn 21.
- Road traffic accidents abroad- time limits can be shorter than in the UK. However, even if your accident was not in the UK it may still be possible to make a claim under UK law.
- Mental Capacity- if a loved one lacks the mental capacity to make a claim themselves, there is no time limit for making a claim on their behalf.
- Criminal Injuries- in situations where your injuries have been sustained as a direct result of a deliberate act, a claim can be made through the Criminal Injuries Compensation Authority. However, in such cases, the time limit for submitting a claim is 2 years from the date of the incident.
Can I still make a claim if the accident was my fault?
This will depend on the circumstances of your accident. You may be able to claim even if you were partly responsible for the collision or you were not wearing a seatbelt (known as contributory negligence.) In such circumstances, however, the amount of compensation you do receive will be reduced to reflect that you were partly to blame for the accident.
How long do road traffic accident claims take?
The time it takes for a claim to be concluded depends on a number of factors such as whether liability for the accident is accepted early on or whether the driver is denying liability for the accident and the severity of your injuries. In a straight forward claim, the case can be concluded within 4-6months from the time you instruct us. In more complicated cases, the length of time can be much longer.
How much compensation will I receive?
The amount of compensation you receive depends on the nature and severity of your injuries and the length of time you are likely to take to make a full recovery. A report from a doctor experienced in dealing with medical-legal claims will provide a report based on your injuries which will assist us in valuing your claim. In addition, you can claim for other losses incurred as a direct result of the accident, for example, loss of earnings, travelling expenses, prescription charges, private medical expenses to name but a few. Always keep receipts in support of such expenses as proof of your outlay.
No Win no Fee
Our road traffic claims are handled on a no win no fee basis. This means that there are no upfront costs and if your claim is unsuccessful then you have nothing to pay. If you win your claim, then our fixed costs are paid by the other side’s insurers with the success fee being deducted from your compensation at the end of the claim.
Give RJT Solicitors a call on 01942 409154 to discuss your accident claim in more detail.