Road Traffic Accident Claims Solicitors

Making a road traffic accident claim

Our team of specialist personal injury lawyers have helped thousands of people like yourselves to make road traffic accident claims.

We will always seek to get you the best possible outcome, whilst ensuring that the process of making a claim is as straightforward and stress-free as possible.

The support we offer includes all of the following:

• Obtaining compensation
• Advice regarding access to government benefits such as help with housing, transport and essential living costs
• Accessing rehabilitation

How long after a road traffic accident can you claim?

We recommend that you contact us as soon as possible after an accident and we’ll be happy to discuss the possibility of you making a claim.

There are limits as to how long you can leave it before you make a claim. Typically you have three years from the date of the accident or the date you realised your injuries were as a result of the accident.

There are exceptions to these rules if the injured person was under 18 or doesn’t have full mental capacity to make a claim themselves.

No win, no fee road traffic accident claims

We believe that everyone should have access to the best service possible, which is why we represent most of our clients who are pursuing a road traffic accident claim on a no win, no fee basis.

More formally known as known as a ‘conditional fee agreement’, the advantage of this funding strategy is that it means there is no upfront cost for you to start a claim.

You will only be required to contribute towards our legal fees after we have secured compensation for you, so if your claim does not succeed, you will not owe us anything.

With a no win, no fee road traffic accident claim, you can therefore pursue compensation without taking a financial risk.

Rest assured; we will provide you with full details about the funding of your claim before you enter into an agreement with us.

We’re here to help, so if you want to find out if you could make a no win no fee road traffic accident compensation claim, you can contact us for free and impartial advice.

How much compensation could I receive for a road traffic accident?

A road traffic accident resulting in relatively minor injuries might be settled for a few thousand pounds, but for the most serious injuries, the compensation could be in the millions of pounds.

If you’ve been involved in a road traffic accident, the amount of compensation you might receive will depend on a number of factors including:

• The types and severity of the injuries you have sustained
• Loss of earnings
• Medical and travel expenses
• Cost of care and support
• Modifications made to your home
• The cost of mobility aids
• Pain and suffering endured as a result of the accident

What is the average payout for whiplash claims?

‘Whiplash’ is the term commonly used to describe soft tissue damage to the neck and back as a result of a traffic accident. There is a fixed tariff for compensation in respect of whiplash claims.

If you were the driver or passenger in a vehicle and sustained whiplash injuries, please see our guide to claiming whiplash through the official injury claim portal.

You do not necessarily need a solicitor to make a claim in this circumstance. In such claims you will be awarded damages on the basis of a tariff system and will not recover any legal costs. This process does not apply to other road users including cyclists, pedestrians, motorcyclists and horse riders who continue to recover their legal costs and to whom the tariff does not apply.

This new initiative is designed to reduce the overall costs and number of fraudulent, false or exaggerated claims and potentially reduce the price of motor insurance premiums for road users and drivers.

How much compensation could I receive for a road traffic accident claim?

As every case is different, compensation payouts for road traffic accident claims need to be calculated on a case-by-case basis.

The amount of compensation you will receive for your road traffic accident will be based on calculations for the following:

• The physical pain and mental suffering that resulted from the accident.
• Financial loss or expenses resulting directly from the accident. This typically includes loss of earnings, medical fees and other related costs.

The table below provides examples compensation amounts for illustrative purposes. These are taken from the Judicial College Guidelines (JCG), which help judges, solicitors, and insurers determine appropriate compensation for pain, suffering, and loss of amenity. They are used in all types of personal injury claims.

The figures above are intended for general guidance and the total amount of compensation people receive is usually much higher when factoring in other losses and costs that are incurred as a result of the injury.

If you’ve had a road traffic accident and are looking for a more detailed assessment of your claim, get in touch with our team and we’ll provide you with a much more detailed assessment.

How long does a road traffic accident claim take?

It is difficult to predict how long a road traffic accident claim will take to process, as no two claims are ever exactly alike. The length of the claims process will largely depend on two things:

• How serious your injuries are
• Whether or not your opponent admits responsibility for the accident

If the defendant admits fault straightaway, it may be possible to obtain compensation for you within a few months, especially if your injuries are only minor.

In cases where the defendant denies liability or where you experienced more serious injuries, the claim may take much longer to settle.

It is important that the full extent of your injuries is realised, and their long-term impact on your life established, before the amount of compensation is agreed.

If your opponent disputes any criminal charges being brought against them and refuses to accept liability, you may have to wait for the criminal case to be settled before the compensation claim is resolved.

Your claim may also take longer if you were involved in a hit and run accident, and the police or insurance companies were unable to locate the driver.

What are the time limits for road traffic accident claims?

Following a road traffic accident, you generally have three years to make a claim for compensation.

However, in some circumstances, the deadline is longer:

• If the claimant lacks the mental capacity to make a claim due to a serious head or brain injury, there is no time limit to make the claim.
• Should the claimant regain their mental capacity, the 3-year time limit will then apply, even if they were to lose their capacity again later.
• If you were under 18 at the time of the accident, the three-year time limit to make a claim starts on your 18th birthday.

We always recommend that you get in touch as soon as possible following an accident. However, even if a significant amount of time has passed since the accident, we still suggest that you contact us and speak to one of our experts about your case.

Can I make a road traffic accident claim for someone else?

You can make a road traffic accident claim on behalf of someone else if the person involved in the accident was under the age of 18.  In this case it is usually the parent or legal guardian of the child who takes on this role and is appointed as their ‘litigation friend’.

You may also claim on behalf of another person if they do not have the mental capacity to make the claim themselves, for example due to a brain injury sustained in the accident, or in the following circumstances:

• The claimant has Alzheimer’s or Dementia
• The claimant has a mental illness or learning difficulties

If the person involved in the accident was killed then a claim can be made by the estate’s legal representatives or by a family member.

The road traffic accident claims process

We understand that having a road traffic accident can greatly affect your life, and you may have to deal with both the physical and mental consequences for many years to come.

We can’t change what’s happened to you, but we will do our best to ensure that the process of making a claim for compensation is as straightforward and stress free as possible.

Our skill and expertise in making road traffic accident claims means that our focus will always be on negotiating an out-of-court settlement wherever possible, meaning you won’t have to go to court.

The process begins with a free, no obligation consultation, during which time you’ll speak with one of our expert team about the details of your case.

Shortly after this discussion, we’ll let you know if we think you potentially have a case and inform you of next steps

How does the road traffic accident claims process work?

Each road traffic accident claim is different and therefore the process of making a claim can vary depending on the circumstances.

However, the list below details the basic information that we’ll need you to provide us with so that we can make a proper assessment of your case and decide if we think you have a good chance of making a successful claim.

This includes:

• The date and location of the accident
• How the accident happened
• Who else was involved
• The injuries you suffered
• How your injuries have affected you
• Whether there were any witnesses to the accident
• Once we’ve obtained this information from you, and our experts have had the opportunity to fully consider the details of your case, we’ll be able to provide a realistic evaluation of whether we believe your claim is likely to succeed.

You’ll then be in a position to make an informed decision as to whether you would like to go ahead with your claim and instruct us to help you in this matter.

Can I access early payments (interim payments) while my road traffic accident claim is in progress?

At this time of great stress following a road traffic accident, you will still have bills to pay as well as additional expenses as a result of the accident itself.

To help elevate money worries at this time, we will do everything we can to secure early compensation payments for you, especially if your injuries will be long term.

What are early compensation payments?

Early compensation, or interim payments are taken from your final settlement, and can be used to cover any of the following:

• Mortgage or rental costs
• Household bills
• Any medical or other expenses incurred in dealing with the effects of your accident.

A member of our expert team will discuss the process of obtaining interim payments with you and let you know how you might qualify for them.

Will I have to go to court for a road traffic accident claim?

The majority of road traffic accident compensation claims are settled out-of-court by negotiating a settlement with the defendant, so it’s highly unlikely you will ever personally need to attend a court yourself.

Out-of-court settlements for road traffic accidents

If your claim is valued up to £25,000, we can normally deal with it through the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. This is a government-approved procedure for streamlining the claims process, which typically allows straightforward claims to be resolved without the need for court proceedings.

Even when dealing with more complex and high-value road traffic claims, we are still usually able to agree a settlement out-of-court by relying on our skills in negotiation and alternative dispute resolution.

Court proceedings for road traffic accident claims

If your claim is disputed, and a court appearance becomes necessary, you can rely on our highly experienced personal injury lawyers to guide and support you every step of the way.

You may be asked to provide evidence of your injuries, financial losses, and provide a personal account of the accident. Our expert team will help you prepare in advance should this situation arise.

As well as having our own expert team of solicitors, we also have strong links with barristers specialising in personal injury claims, as well as various independent medical experts and other advisers whose knowledge and skills we can call upon if required.

No matter how your claim proceeds, we can provide you with the highest level of representation and the advice and support you need to ensure the best possible outcome for your case.

What to do after a road traffic accident

If you are involved in a road traffic accident, there are certain legal obligations that you must adhere to in accordance with the Road Traffic Act of 1988.

• Remain at the scene of the accident for a reasonable amount of time. Failing to stop or driving away without giving the other party the opportunity to take your details would be committing an offence.
• Exchange contact, insurance and car ownership details with the other party, either at the scene or at a police station within 24 hours of the accident taking place.

As well as your legal obligations, we also advise that you do the following

• Take multiple photos or videos of the scene, where safe to do so, using a wide angle, so that its possible good sense of the scene.
• Take photos or video of all the vehicles involved, paying particular attention to any damage.
• Take the names and contact details of all of those involved and any witnesses.

Claiming compensation for a road traffic accident that was partly your fault.

If you were involved in traffic accident that you presume was your fault, we still recommend contacting us, our solicitors may be able to uncover evidence that puts at least some the blame on the other party involved. If we can prove you were only partly to blame for the accident, you could potentially still make a claim, although it is highly likely that any compensation you receive would be reduced to reflect this fact.

If we are to give you the best possible advice, it is important that you are totally transparent regarding all the details of your accident, when you speak to our team.

Do I have to have a medical examination as part of my road traffic accident claim?

It is a standard part of any personal injury claim, to be examined by a doctor, who will assess the extent of your injuries.

Even if you have a pre-existing condition, you can still claim.

The examination is vital part of the claim process, in that the compensation we seek to claim for you reflects the extent and longevity of your injuries.

Doctors will assess you to discover:

• How the car accident affected your overall health
• If it impacted any existing conditions, you may have been suffering from

If, for whatever reason, you do not make a claim until after the injuries you suffered in the accident have healed, we will still need to obtain a medical report.
We will of course only recommend trusted medical professionals who will produce the most accurate, unbiased report.

Types of road traffic accidents

Our dedicated team has many years of experience in handling all types of road traffic accident claims.

Not all of them involve a collision between two cars, and there are many other scenarios where our solicitors may be able to help you make a successful road traffic accident claim.

Other road traffic accident claims could be made by:

• Cyclists being knocked off their bike
• Pedestrians hit by other vehicles
• Passengers of the car that caused the accident
• Taxi passengers where the taxi they were in was at fault or they were hit by someone else
• Bus passengers when a bus is involved in an accident
• Mobility scooter users or people on e-scooters

Common causes of road traffic accident

Experiencing a car accident is an extremely distressing experience and the injuries suffered can disrupt every aspect of your life, potentially for years to come.

Car accidents can involve any other type of road user, not only other cars. The majority of car accidents are usually caused by one or more of the following:

• Driver error
• Excessive speed
• Distraction
• Recklessness
• Loss of control
• Intoxication
• Bad weather
• Poor road surfaces

Car accident compensation claims

At a time when you’re still recovering from your injuries, the idea of making a car accident compensation claim can seem daunting, but our expert team are here to advise and support you every step of the way.

Passenger accident compensation claims

In a road traffic accident, passengers can suffer injury in just the same way that the driver of the vehicle can.

Whether you are travelling in a taxi or in a privately owned vehicle such as a car or motorcycle, you may be able to make a claim for passenger accident compensation, if you are injured as a result of the negligence of the driver of your vehicle or another vehicle.

Pedestrian accident compensation claims

Being involved in a road accident can be a traumatic experience. As a pedestrian, serious injuries are always likely if you are hit by a vehicle, due to the lack of protection.

If you were struck by any sort of vehicle whilst walking on the pavement, crossing the road or using a pedestrian crossing, you may be entitled to make a claim for compensation as a pedestrian.

It’s not uncommon for both parties to be at fault for an accident, so we strongly advise you to get in touch and discus your situation with one of our experts if you have been involved in an accident.
You can still possibly make a claim even if you were partially at fault.

Cycling accident compensation claims

Cyclists are incredibly vulnerable on the busy roads, and injuries sustained in an accident, even when travelling at low speeds, can be extremely serious. Car drivers are sometimes guilty of not paying cyclists the appropriate amount attention and potholes pose an ever-increasing risk on British roads.

Whether your cycling accident was caused by a negligent driver or a poorly maintained road surface, you may be able to claim compensation for a cycling accident if the accident wasn’t your fault, or even if it was only partly your fault.

The most common bicycle accidents are caused by:

• A collision with a vehicle
• Potholes or cracks in the road
• A faulty bike or defective equipment e.g. helmets

Motorcycle accidents

The convenience of motorcycles is one of the reasons they’re such a common sight on our roads, but as riders are more exposed than car drivers, they are much more vulnerable to injury if involved in an accident.

In 2022, nearly 17,000 injuries to motorcyclists were reported.

Making a motorcycle accident claim may not be the first thing on your mind after a motorbike accident, but the compensation you receive can help support you as you recover and move forward.

If you’ve been involved in a motorcycle accident that wasn’t your fault, or you were only partly to blame, you may be entitled to claim compensation.

Hit and run claims

A “hit and run” refers to any road traffic accident where one or more parties leave the scene without providing their details to the other individuals involved.

Being involved in any sort of road traffic accident can be devastating, but without knowledge of the other parties involved, you can be left confused and unsure as to how to move forward.

All hit and run accidents should also be reported to the police. Motorists who have been hit by another vehicle should also inform their insurance company that they have been involved in an accident.

If you were involved in a hit and run accident where the other driver has not been traced, we can make a claim for you through the Motor Insurers’ Bureau (MIB) using their Untraced Drivers Agreement.

This means that, even if the motorist responsible for your accident is never found, you can still secure fair compensation for any injuries you sustained.

Uninsured driver claims

Being involved in an accident is an extremely stressful experience, but to find out later that the other driver isn’t insured can be understandably concerning.

Drivers without insurance are statistically much more likely to leave the scene of an accident without identifying themselves for fear of prosecution or disqualification.

It is estimated that there are around a million uninsured drivers on the roads in the UK.

If you have suffered an injury at the fault of an uninsured driver, we can make a claim for you through the Motor Insurers’ Bureau (MIB) under the Uninsured Drivers Agreement.

The MIB is a government organisation that was established in 1946, specifically with the purpose of compensating victims of uninsured and untraced drivers.

Why choose Wolferstans to handle your road traffic accident claim

At Wolferstans, we understand how disruptive and life-changing road traffic accidents can be, which is why we’re dedicated to offering not only expert legal representation but also the empathy and support you need to navigate this challenging time.

Here’s just some of thing we’re able to offer when you choose us to help you make a claim:

• Our road traffic accident claims team brings decades of collective experience, making us experts in handling everything from straightforward car accidents to the most complex and high-value claims.
• We believe that everyone deserves access to the best legal support without worrying about upfront costs. That’s why most of our claims are handled on a no win, no fee basis, meaning you don’t pay a penny unless we win your case.
• We’ll do everything in our power to make your claim process as smooth as possible. Our team helps you with everything from accessing early compensation payments to advising on housing, transport, and rehabilitation benefits.
• We understand that the idea of court can be intimidating, which is why we focus on achieving out-of-court settlements through expert negotiation. However, if a trial becomes necessary, you can count on us to guide you through the process, ensuring you feel supported and prepared every step of the way.
• We’re proud of the results we’ve achieved for our clients. Our team has a strong track record of success, having helped thousands of people make successful claims and secure the compensation they’re entitled to.

When you choose Wolferstans, you’re not just choosing expert legal advice, you’re choosing a partner who will strive to obtain the most compensation available to you and who also genuinely cares about your recovery and wellbeing.