Making A Claim After A Road Traffic Accident

Making a claim after a road traffic accident

Unfortunately road traffic accidents (RTAs) are a daily occurrence on Britain’s roads. If you’ve been unfortunate enough to be involved in one yourself, which wasn’t your fault, you may be entitled to make a compensation claim for personal injury.

Who do I make my claim against?

Insurance companies will always be at the centre of any personal injury compensation claim following a road traffic accident, as all drivers are required by law to be covered by insurance. However, the insurance company you make your claim against will always depend upon the nature of the accident and how your involvement occurred.

Passenger

If for example you are a passenger in a car, van, bus or coach which is involved in an accident you would make your claim against the insurance company of the individual who is responsible for the accident. This could be the driver of the vehicle you are in or a third party driver. In some circumstances they may both be at fault and could both find themselves subject to a compensation claim.¹

Directly involved in the collision

There is a possibility you may be involved in a road traffic accident as a driver, pedestrian, cyclist or motor cyclist; whereby another driver at fault collides with you. In this circumstance you would bring your personal injury claim against the insurance company of the driver.²

What is the most common injury I would make an insurance claim for?

Whiplash is the most common injury for which you would make a compensation claim for following a road traffic accident. However, with no accident being the same there are any number of injuries which could occur. Some extremely serious; others less so.

There may be other elements of your claim, not simply for the injury. You may not be able to work following the accident – if this is the case loss or earnings would make up a vital aspect of your compensation claim.

As much information as possible

As stated previously, no two RTAs are the same. Accordingly no two compensation claims will follow the exact same format. However, there are a few things you should always try and do, regardless of the nature of the crash.

• Take the details of the driver at fault
• Take photographs of the accident scene
• Take the names and contact details of any witnesses
• Have your injuries treated
• Inform your own insurance company
• Keep a diary of your physical and psychological injuries following the accident
• Keep a record of any expenses you may have incurred due to your injuries – include receipts

Is there a time limit to bring my claim?

Once the injured party reaches 18, a personal injury compensation claim following a road traffic accident must be brought within three years of the incident.³

¹Thompsons Law http://www.thompsons.law.co.uk/road-traffic-accidents/road-traffic-accident-compensation-claim.htm

²Thompsons Law http://www.thompsons.law.co.uk/road-traffic-accidents/road-traffic-accident-compensation-claim.htm

³Thompsons Law http://www.thompsons.law.co.uk/questions-answered/entitled-to-make-compensation-claim.htm#how_long_accident_compensation_claim