Road Traffic Accidents
If you have been involved in a car accident or other road traffic accident through no fault of your own, our expert personal injury lawyers can make claiming compensation simple.
Wolferstans’ road traffic accident claims team offer friendly, expert advice backed by decades of experience. We handle everything from straightforward, car accident claims to the most serious, high value and complex claims. With a strong track record of success, we have earned a reputation for always going the extra mile for our clients.
If you were the driver or passenger in a vehicle and sustained whiplash injuries in an accident on or after 31 May 2021 please click here for further information. 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.
When you are dealing with the stress of being involved in an accident, we understand that you want the claims process to be as straightforward and stress-free as it can be. By focusing on negotiation and alternative dispute resolution wherever possible, we can usually agree an out-of-court settlement for most claims, making things easier on you.
We offer a free initial no obligation consultation where we will be able to assess whether your claim justifies further investigation.
Our expertise in road traffic accident compensation claims
With decades of experience across our team, we combine exceptional specialist legal knowledge and skills with a friendly, pragmatic approach. We can therefore help you get the best available settlement while keeping the claims process straightforward and stress-free.
Our personal injury lawyers can secure substantial damages in relation to a wide range of road traffic accident claims, including:
- Car accident claims
- Cycling accident claims
- Motorcycle accident claims
- Hit and run claims
- Uninsured driver claims
- Car accidents abroad
We have particular expertise in relation to serious head injuries and spinal injuries sustained during road traffic accidents.
Craig Butler and Karen Walker are Directors of Headway Plymouth, the local branch of the national brain injury charity. Craig is also the South West Regional Co-ordinator for the Motor Accident Solicitors Society (MASS) and has worked with road safety charity Brake for a number of years.
How road traffic accident claims work
The exact process for making a claim will depend on the circumstances and we will always base our approach on your priorities and concerns to make sure we can handle your claim the right way for you.
The following covers some of the key issues you will typically need to be aware of when considering a road traffic accident claim, including what information you will need to give us.
Contacting our personal injury claims team
When you first contact us, we will take a few basic details to help us assess your claim.
- 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 have this information, we can provide a realistic evaluation of whether we believe your claim is likely to succeed. You can then make an informed decision about whether you wish to pursue a claim with our help.
No win, no fee road traffic accident claims
We represent most of our road traffic accident claims clients on a no win, no fee basis, which is more properly 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. Any deduction from your damages is capped at 25 per cent and in many cases the deduction is less than this. We will provide you with full details about the funding of your claim before you enter into an agreement with us.
With a no win, no fee road traffic accident claim, you can therefore pursue compensation without taking a financial risk.
Legal expenses insurance
If you have legal expenses insurance we can often act on the same basis as the solicitor that your insurer would refer you to.
Find out more about your options for funding a claim.
Out-of-court settlements for road traffic accidents
In the overwhelming majority of cases, we are able to secure compensation without the need for court action by negotiating a settlement with the defendant.
If your claim is valued between £1,000 and £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.
However, even 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
While it is rare for a road traffic accident claim to go to court, it does sometimes happen. Our personal injury lawyers are highly experienced in pursuing claims through the courts, so where court proceedings are required, we can ensure you have the best possible support and representation every step of the way.
As well as our own experience, 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 rely on.
Please be assured that, no matter how your claim proceeds, we can offer the clear, confident representation you need to secure the best available outcome.
Hit and run claims
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.
Road traffic accident claims abroad
If you were involved in a car accident anywhere in the EU or EEA (European Economic Area) and the other driver or drivers involved were from the EU or EEA, it is usually relatively straightforward to claim compensation.
EU insurers are required to appoint a representative in the UK to deal with claims brought by people living in the UK, so the claims process is usually no more complicated or time-consuming for you than claiming for an accident that occurred in the UK.
Time limits for claiming road traffic accident compensation
You will generally have 3 years from the date of the accident to make a claim. However, there are circumstances under which the time limit may be different or where we may be able to apply to have the deadline extended.
While we always recommend getting in touch as soon as possible after an accident, it is therefore still worth contacting us no matter how much time has passed.
Common questions about road traffic accident claims
Every claim is different, so the exact time to achieve compensation will depend on the circumstances. It is therefore impossible to accurately predict at the outset precisely how long a claim will take.
As a general guide, if the other party admits they were at fault, it is often possible to secure compensation within as little as 6 months. However, if the other party denies liability, or there are more complex issues involved or medical treatment such as physiotherapy is recommended, claims can take longer to settle.
In some situations, it is sometimes possible to secure interim payments from the other side before the claim has been resolved. This can help to ensure you are not left out of pocket due to any necessary costs incurred as a result of the accident and that you are not denied essential support, such as physiotherapy and care, due to lack of funds.
If you were the driver of, or passenger in, a vehicle involved in a car accident, you may have already been contacted by a solicitor instructed by your insurer. Many people are under the impression that they have to use their insurer’s choice of solicitor, but this is not the case.
You are free to choose your own solicitor and even if you have already accepted representation by your insurer’s choice of solicitor, you are free to change representation at any time.
If you have not yet chosen a solicitor or are unhappy with the service you have received from your existing solicitor, please get in touch and we will be happy to help.
Yes, we can make a claim for you through the Motor Insurers’ Bureau (MIB) under the Uninsured Drivers Agreement.
It is worth noting that refusal to provide insurance information following an accident is a criminal offence (s.154 Road Traffic Act 1988), so should be reported to the police as soon as possible.
Our road traffic accident claims success stories
We have a strong track record of success with everything from straightforward road traffic accident claims to the most complex and high-value cases, having secured substantial damages for a wide range of clients over the years.
To see what some of the people we have previously represented think of our claims service, please take a look at what our clients say.
Start a road traffic accident claim with us today
To arrange a free initial no obligation consultation and find out more about starting a road traffic accident claim, please contact:
The following may be helpful for anyone who has been involved in a road traffic accident.