Road Traffic Accidents

Road traffic accident claims fall under personal injury law, where the law states that in the majority of cases you must issue Court proceedings within three years of the date of the accident. 

However, as there are protocols to be completed before proceedings are issued, such as investigating liability for the accident, collecting police reports, witness statements alongside medical evidence and evidence of any other losses it is important that if you have suffered an injury as a result of an accident, you should seek advice as soon as possible. 

There are certain circumstances where this time limit may differ, such as those involving children or those with a mental illness which means they are unable to deal with a claim on their own behalf. 

There are also cases where three year time period can be extended at the discretion of the Court, however, it is very difficult to obtain this discretion. Our lawyers will be able to advise you on the time limits for your individual circumstances.

Following an accident the most important thing is to ensure that you and your family are OK. You must, of course, exchange insurance details and seek any medical attention to ensure that any injuries you sustain are properly treated. Once you feel able to, you should then seek road accident claims advice from our expert lawyers, who will advise on the prospects of success of your case. If it is felt that you do have sufficient prospects of success further investigations will be carried out including the circumstances of the accident, details of your injuries and any expenses and losses that have been incurred which will all form part of the claim. Claims for injuries and losses which are worth less than £25,000.00 are dealt with via a Claims Portal system. However, if injuries are worth in excess of £25,000.00 then an alternative procedure is to ensure that the severity of the injuries and complexity of the case is appropriately managed. The majority of road traffic accident claims are settled out of court. If this is not possible, your case will go before the courts.

To make a successful road accident claim, you need to prove that any injuries sustained were due to another person’s failure to drive their vehicle at the standard of a reasonably competent driver in the same circumstances. Your claim may need to be against an individual or an organisation (such as the local council) who should all have insurance to cover any claim.

Every personal injury or accident claim is different, meaning the total compensation paid out will vary on a case-by-case basis. Some of the main factors that affect the amount of your personal injury compensation include the severity of your injuries, loss of earnings as a result of your injuries and any other financial damages.

The length of time your road traffic accident claim will take depends on various factors. These factors include the type and complexity of injuries you have sustained, whether the driver at fault admits they are at fault and whether they co-operate in the claims process. Simple cases can take six to twelve months but more complex cases may go on for longer.

Financing an accident or personal injury claim can be a major concern for those who may be entitled to compensation, with many people put off by the potential costs. 

At Jordans, we do take cases on under a Conditional Fee Agreement, also known as a No Win, No Fee Agreement. At your initial consultation, our team will advise whether you qualify for a No Win, No Fee service. 

In brief, as long as you provide truthful instructions and co-operate with us during the personal injury claims process, your claim will be dealt with under a No Win No Fee Agreement. 

Should your claim be unsuccessful then you will not be charged for the work we do. If your personal injury or accident claim is successful, the Government rules now state that part of the costs of the case – the ‘success fee’ – can be deducted from any damages you receive. The success fee deduction is calculated with reference to the risks of your case but the deduction is always capped at a maximum of 25% of any compensation you receive. 

It may be that it is recommended for you to take out an insurance policy to cover the cost of various expenses during the life of your case (such as the cost of medical reports and Court fees). This insurance policy must also be paid from any successful compensation. During your consultation, this will all be explained in full so that you know what to expect.