How To Make A Road Traffic Accident Claim

‘How to make a road traffic accident claim’ is a question that our Head of Accident & Personal Injury, Gemma Hicks, is regularly presented with.

Combined with the fact that at this time of year the winter weather can make driving even more dangerous, it’s definitely the right time to talk you through the process of making an RTA claim.

The process of making a Road Traffic Accident claim

If you have been injured in a road traffic accident which wasn’t your fault then you may be able to claim personal injuries. Where your injuries and losses are worth less than £25,000 but your injuries are worth over £1,000 at the time of writing (January2021) you are able to submit your claim through the online portal system which is designed to expedite lower value personal injury claims.

The general process involves submitting the application giving details of injuries and parties involved through the online portal before awaiting a response from the relevant vehicle insurer.

If liability is admitted, the matter remains within the portal, medical evidence and evidence of losses is gathered before being sent through the portal to the other side with an offer of settlement. Negotiations can ensue and generally, they lead to a successful settlement.

If settlement is not agreed following negotiations, you are able to ask the court to provide a decision on the value of the claim by way of either a face-to-face hearing in court or, by a review of the papers.

If liability is not admitted, then the matter will fall out of the online portal system and the onus is on the Claimant to provide evidence to support the claim. In any claim for personal injuries, it is the Claimant who must prove that the injuries were caused by the Defendant’s negligence. Once evidence has been gathered and your solicitor is satisfied that prospects of success are sufficient to continue then you would again go through the process of gathering all relevant evidence in relation to the value of the claim including medical reports and details of expenses and losses before inviting the Defendants to put forward offers of settlement.

If the case is not settled, it is possible to issue court proceedings which invites the court to note that the parties have been unable to agree between themselves and asks the court to provide directions to push the matter through ultimately to a final hearing.

What information does someone need to provide to their solicitor when making a road traffic accident claim?

Generally, the more information that is provided to your solicitor when making a road traffic accident claim, the better. The very minimum of information will include your full details: name, address, date of birth, national insurance number; alongside details of any vehicle you were driving or a passenger in and details of the third party vehicle and third party contact details.

Your solicitor will need to know where the accident happened and how the accident happened alongside details of the injuries you have sustained.

If you have any other information which may be of use about either the circumstances of the accident, any witnesses or your injuries then this will be gladly received by your solicitor.

Do you have to be the driver of the car to make a road traffic accident claim?

It is not necessary to be the driver of the car to make a road traffic accident claim. Whether you were the driver or a passenger, if you have been injured as a result of a road traffic accident which was not your fault, you may be able to bring a claim against the driver of the vehicle which caused the accident. Indeed, many of the claims that we receive are from cyclists or pedestrians who have been hit by vehicles causing injury.

You should be aware however, that if you are the driver of a car, it is possible that any third party can allege that you were also at fault and if this is the case and a counter claim is brought against you, then your insurers will deal with defending that on your behalf.

Are there any time limits on making a road traffic accident claim?

Limitation in road traffic accident claims which happen in England and Wales runs for three years from the date of the accident. We would always suggest that you do not leave any claim until the last minute as, there are lots of steps that should ideally be taken before the need to issue proceedings due to limitation.

Generally, if you have suffered injuries that are significant enough to allow a claim to be made then, it would be prudent to obtain the advice of a solicitor or make your claim sooner rather than later. This way, all of the information will be fresh in your mind and this will assist your solicitor in being satisfied that information is contemporaneous and accurate.

If you fail to issue proceedings prior to the three-year anniversary of the accident then, your claim will be statute barred. This means you will have no automatic right of action and you will have to rely upon the court allowing discretion under the Limitation Act1980, which is rather difficult to obtain.

How can a solicitor help a client access medical rehabilitation?

The Rehabilitation Code is in place to assist those injured in accidents. The Rehabilitation Code encourages insurers to be proactive in offering rehabilitation to those who have been injured in accidents.

The majority of insurers are signatories to the Rehabilitation Code and your solicitor will inevitably make a request for cooperation under that code when a claim is submitted.

You must be aware that any records that are produced as a result of rehabilitation under the Rehabilitation Code, can be seen by both the Defendants and your own solicitors. However, this is not generally an issue as the rehabilitation is there to assist you to recover from your injuries and get you back on your feet as quickly as possible, which is ultimately what we would all like to see. 

Jordans Solicitors – Expert Accident & Personal Injury Solicitors

If you have been in a Road Traffic Accident and wish to make a claim, please do not hesitate to get in touch with Gemma Hicks.

Just contact any one of our branches in Dewsbury, Wakefield, Horsforth, Selby, Wetherby and Penistone on 033 0300 1103 to speak to a member of the Accident & Personal Injury team.