Unfortunately, road traffic accidents happen often in the UK with resulting injuries ranging from minor to life-changing or even fatal. If you have been involved in one, you may be asking yourself “How do I make a road traffic accident claim?”.

If you’re the victim of a road traffic accident we can help you to secure compensation for your injuries and any loss suffered as a result.

Tips For Making A Road Traffic Accident Claim

Road traffic accidents can happen whether you are a motorist, motorcyclist, cyclist or pedestrian – and the claims process is similar if the accident was caused by the other party’s negligence or by a defect in the road.

If you are injured on the road because of another road user, you should:

1. If needed and you’re able to, call for an ambulance or the police if there are casualties or any vehicles are blocking the road following the accident.
2. If possible, obtain the details of the motorist involved in the accident. Details include registration number, make and model of the vehicle, and insurance information.
3. Take photos of the accident scene and damage to the vehicles or surrounding area. If you’re unable to take photos, make notes on the location and damage incurred.
4. Find any witnesses and obtain their contact details.
5. Check to see if there is any CCTV nearby or if any of the witnesses have dashcam footage. You may also have dashcam footage you can use as evidence.

If you are injured on the road because of a defect in the road, you should:

1. If needed and you’re able to, call for an ambulance or the police if you need medical assistance or your vehicle is blocking the road following the accident.
2. Take photos of the accident scene and damage to your vehicle or surrounding area. If you’re unable to take photos, make notes on the location and damage incurred.
3. Find any witnesses and obtain their contact details.
4. Check to see if there is any CCTV nearby or if any of the witnesses have dashcam footage. You may also have dashcam footage you can use as evidence.

How We Can Help You With Your Road Traffic Accident Claim

At Bartletts, we have the experience together with a professional, considered and sensitive approach to assist with a wide range of road traffic accident claims – from minor injuries suffered by pedestrians crossing the road through to severe injuries caused by cars knocking cyclists off their bikes.

Our personal injury solicitors will work hard to secure the compensation you deserve for any injuries you’ve suffered as well as for medical expenses, vehicle repairs, loss of earnings, physiotherapy treatment, and any other associated costs you’ve incurred.

We will take the time to fully understand the circumstances of your road traffic accident, and ensure you have the evidence you need to help us secure the compensation you deserve.

To speak to one of our specialist solicitors about making a road traffic accident, contact us on  01244 405 399 or 0800 988 3674 or email advice@bartletts.co.uk

On 31st May 2021, a new regime came into force for road traffic accident victims, with the small claims limit for RTA claims increasing from £1,000 to £5,000. This means that legal costs for personal injury claims with a value of under £5,000 can no longer be recovered. Instead, unrepresented claimants will have to run their own claim via the Official Injury Claim online service.

The controversial new system will be run by the Motor Insurers’ Bureau (MIB) on behalf of the Ministry of Justice, with the reforms expected to save insurers £1.2 billion or £35 for every motorist, savings which the government and insurance industry promise will be passed on to motor insurance policyholders.

The government is aiming to reduce the ‘unacceptably high’ number of whiplash claims made in the UK every year, which the Lord Chancellor Robert Buckland QC has condemned as ‘greedy opportunism’. It is targeting the so-called ambulance chasing claims management companies and lawyers who are seen as assisting dishonest whiplash claimants.

For obvious reasons, road traffic accident lawyers (including Bartletts Solicitors) strongly disapprove of the new system, feeling that innocent victims will not get the compensation they deserve. Claimants will receive significantly less compensation than before due the new fixed tariff for whiplash injuries, while the 64 page guide to making a claim under the new guidelines has led to concerns about whether they will be able to navigate the portal and handle a claim in their own best interest.

There are also serious doubts as to whether the savings from the reforms will actually result in lower premiums for ‘honest’ policyholders. The system was designed and will be operated by the MIB, an organization that essentially represents the interests of its member insurers. Fundamentally, victims of road traffic accidents caused by the carelessness and negligence of a third party have the same right to legal advice and compensation as any other claimant. This can therefore be viewed as a human rights issue.

There are two exceptions to the new rules. Children and ‘protected parties’ are exempt from the new small claims limit for whiplash claims arising from road accidents, while for ‘vulnerable road users’ (or those whose claims have other complicating factors), the small claims limit for personal injury claims arising from road accidents remains at £1,000. Children and protected parties are also classed as vulnerable road users for the purposes of this second exception, where there is no whiplash injury. Both categories of claimants will still be able to recover the cost of legal advice and representation. Specifically, these are:

Exception one:

Children aged under 18 at the date they make their claim
Others unable to manage their legal affairs (protected parties)

Exception two:

Vulnerable road users (because a collision with a car is likely to cause more serious injuries):

Motorcyclists
Pillion/sidecar passengers
Pedal cyclists
Pedestrians
Horse riders
Mobility scooter users
Children and protected parties

If you have suffered a car accident with multiple injuries, including whiplash, contact Bartletts Solicitors for free legal advice and to get started making a No Win No Fee car accident claim.

In the unfortunate event you’re involved in a road traffic accident, it’s important to establish who was at fault – something that isn’t always easy without the video footage a dash cam could provide.

For straightforward cases where one or other of the drivers admits liability, you often don’t even need a witness to support your innocence. However, in situations where liability is disputed and there is no witness, you will need to provide further evidence that the car accident wasn’t your fault as, ultimately, it is just your word against the other driver’s.

When this happens, the insurers of the vehicles may suggest each driver split the blame as there is no concrete evidence of liability, which is understandably unsatisfying for the innocent party – and in cases like these, having a dash cam could provide the evidence you need to support your car accident claim.

What Is A Dash Cam?

A dash cam is a compact camera that fastens to your front windscreen and films all that happens in the road ahead when you drive.

As a dash cam records the sights and sounds of the road, including how fast vehicles are travelling, it can quickly show what happened if you’re unfortunate enough to be involved in an accident.

It is for this reason that dash cams are beginning to play a key role in road accident claims.

What Are The Benefits Of A Dash Cam?

The benefits of having a dash cam and the video footage they could provide if you’re involved in an accident or witness an accident, include:

• Assisting with a road accident claim by confirming the cause
• Capturing images of the vehicle at fault in a hit-and-run accident
• Proving a driver was not using a mobile phone whilst driving
• Achieving a discount in insurance premiums as some firms are offering this if a dash cam is installed in your vehicle
• Protecting drivers who are victims of fraudulent claims by so-called crash-for-cash drivers

What Happens If Your Dash Cam Records An Accident?

If your dash cam records an accident you’re involved in, have a look at the footage and keep it for evidence – your insurance company and solicitors will want to see this.

If your dash cam records an accident involving other vehicles, you should offer your details to the drivers at the scene and upload the footage to a police portal afterwards so it can be used as evidence if a car accident claim is made by one or other party.

How We Can Help You Make A Car Accident Claim

Our specialist car accident solicitors have the experience to help with a range of road traffic claims, and will support you throughout the process if you decide to make a claim.

Once we understand the full details of your accident, we will be able to advise you on what evidence you need to provide in order to reinforce your claim. Working closely with you and assisting with your claim, we will ensure you achieve the best possible outcome.

To speak to one of our specialist solicitors about making a road accident claim, contact us on 0800 988 3674 or at our Chester office on 01244 405 399 or our Wrexham office on 01978 360056 or email advice@bartletts.co.uk