Road traffic accidents compensation claims

Securing a settlement for any serious injury, including that suffered in a car, motorcycle, cycling or road-based horse riding incident, is often a long process.

It can take years to secure a final settlement, but we may be able to quickly secure interim payments to help with costs and losses until while the claim is settled in full.

It’s important not to rush to a final settlement because every aspect of the injury needs to be understood and its long term implications assessed in order to ensure the claim accounts for the full costs and losses involved, now and in the future.

Being involved in a serious road traffic incident is very traumatic and you may find yourself being worried about things you may have said in the early days following the incident. It is important to be honest with your solicitor so they can help guide you on next steps.

Road traffic incidents often carry criminal investigations with them. As criminal law is very different to civil law it is possible that you may still be able to make a successful compensation claim even if the Crown Prosecution Service has decided to not pursue or discontinue their investigations. If the criminal case goes to court and the party you consider liable for the incident is not found guilty you may still be able to claim compensation through a civil claim. The two legal systems are very different and have a different threshold of what needs to be evidenced and proven. We advise all victims to talk to us as early as possible and despite any ongoing criminal investigation as there are strict limits of when you can bring a compensation claim and are not linked to any criminal proceedings.

There are lots of different factors that can affect the level of compensation you receive but some of the main ones include:

1. what happened and if the person you feel is at fault accepts responsibility or if we have to prove they were partly or fully responsible
2. what injuries you suffered and how likely they are to have a progressive or long term impact on you that will prevent you from being able to work, affect your everyday activities or mean you will require significant support in the future in form of therapies, rehabilitation or even adaptations to your home / vehicle to help you continue your life to as close to as possible to what it would have been had the incident not happened.

Your solicitor will listen to what happened and then liaise with any third parties to be able to gather the needed evidence on your behalf. That may include CCTV or dash cam footage, working with the police or even appointing accident reconstruction experts to be able to prove what happened.

A personal injury solicitor can advise you on the best course of action for your specific situation. They can help navigate the claim process with the Motor Insurers’ Bureau (MIB) or your insurance company and fight for fair compensation. The MIB is supports the victims of uninsured or hit and run victims access compensation and support. Your solicitor will be able to advise you on next steps and help secure the right amount of compensation to meet your needs.

The compensation that you receive will not be subject to tax.

You should speak to a personal injury solicitor that can advice you on next steps. Having the right legal advice and an expert in your corner can make a big difference. We sometimes see cases where our client’s insurance company jumps the gun and accepts liability for incidents we are in a position to prove were not our clients’ fault. We have experience bringing such claims but would need to speak with you as soon as possible after the incident happened to be able to help.

Yes. The criminal and civil legal procedures are very different and an unsuccessful or discontinued criminal case does not mean you can not claim compensation through a civil claim. If you think you may have a claim contact us today to have a free, confidential discussion about the ways we may be able to help you. You have nothing to lose and everything to gain.