Security systems

Call us today on     01204 584062 PPI Dept. Direct Line     01204 556480

Road Traffic Accidents (RTA)

Road traffic accidents are the unfortunate cause of thousands of potentially serious injuries each year. It is the most common accident-related cause of personal injury, most commonly resulting in whiplash but also with the potential to result in various other injuries, such as broken bones, brain damage and spinal injuries. These injuries can restrict a person’s ability to work or carry out every day tasks in the home.

Of course, not all road traffic accidents cause debilitating injuries, but almost all result in vehicle damage that inconvenience a person and their family and can be very costly in terms of the repairs or loss of the vehicle and hiring a replacement vehicle.

Who can make a compensation claim for an RTA?

You may be legally entitled to make a compensation claim if you were involved in a road traffic accident in the last 3 years that was not caused through any fault on your part as any of the following parties:

♦    The driver of a vehicle

    A motorcyclist

    A passenger in a vehicle or on a motorcycle

    A cyclist

Drivers

All drivers, whether their vehicle is a car, taxi or HGV, have a legal duty to drive with due skill, care and attention in order to protect other road users.

Unfortunately, many people do not drive with the necessary competency and several thousand accidents each year are caused by simply poor driving.

If you are the driver of a vehicle involved in a road traffic accident in the last 3 years that was not your fault, you may be able make a claim for personal injuries sustained and/or vehicle damage and related financial losses.

Motorcyclists

Motorbikes are a popular mode of transport for many people.

Unfortunately, the diminutive and agile nature of a motorbike that makes it fun to ride also means that if a driver of a larger vehicle is not monitoring their mirrors as often or as diligently as is required, they could collide with a motorbike, causing personal injury to the motorcyclist and damage to the motorcycle.

Road traffic accidents involving motorcycles can result in serious injuries and high vehicle repair or replacement costs, so if you have been involved in such an accident in the last 3 years that was not your fault, you could be entitled to make a compensation claim.

Passengers

The front seat passengers in all types of vehicle may sustain injuries in a road traffic accident in the same way that a vehicle driver might, whether that is colliding with the windscreen of a vehicle or sustaining injury due to an airbag malfunction.

Back seat passengers, especially children, may suffer injury due to the fact that there are seats in front of them that they may collide with.

If you were a passenger in a vehicle involved in a road traffic accident in the last 3 years, you may be legally entitled to make a claim for compensation with regards to injuries you have suffered as a result of the accident.

Cyclists

The success of British cyclists, such as Sir Chris Hoy, in the Olympic Games of recent years, particularly as a result of the 2012 London Olympic Games and the recent consecutive Tour de France wins for the British riders Sir Bradley Wiggins and Chris Froome has popularised the sport of cycling to such an extent that more people than ever are regularly cycling on roads in the UK.

While this is generally positive, unfortunately most British roads are not as safe for cyclists as they are for motor vehicle users, particularly because of the lack of protection that a bicycle provides for a cyclist. This means that more and more cyclists are suffering injuries and damage to the bicycle in road traffic accidents each year.

If you are a cyclist who has been involved in a road traffic accident while cycling in the last 3 years that was not your fault, you could be able to claim compensation for the injuries and property damage that resulted from the accident.

What if I don’t know who was to blame?

All road users, from HGV drivers to cyclists, owe a duty to take reasonable care when using the roads to other road users, but sometimes it is not clear what this duty entails.

If you have been involved in a road traffic accident in the last 3 years but are unsure who was to blame, get in touch with us and one of our specialist RTA advisors will be more than willing to discuss this with you in the hope of advising you of the best course of action.

What may I be entitled to claim for?

If you were involved in a road traffic accident in the last 3 years that was not your fault, you may be able to claim for the following things:

Damaged vehicle storage

If your vehicle has been damaged in a road traffic accident, it may need to be stored, the costs for which can be included in your compensation claim.

Replacement vehicle hire for SDP and taxi purposes

You may require a hired vehicle to be able to carry out the important errands and functions you would have normally, such as going shopping for the family or travelling to work.

The cost of this vehicle hire can be included in your claim for compensation so that you are not financially punished after an accident that was not your fault.

Loss of vehicle use

 If you have lost the use of a vehicle due to the fact that it is being repaired or if it has been written off, as well as claiming the cost of vehicle hire, you may also be able to claim compensation for the daily loss of use of the vehicle in question.

Pain, suffering and loss of amenity

This consists of compensation for the injury aspect of your road traffic accident claim and the impact of those injuries on your past, present and future domestic and social activities.

Treatment costs

Long NHS waiting lists may mean that free treatment for the injuries you may have sustained in a road traffic accident is not available within a reasonable time frame.

Where this is the case, you may need to get specialist private treatment in order that your treatment may commence as soon as possible to speed up your recovery. Private care can be costly, but your claim for compensation can include the cost of all private treatment so you will not be set back because of your injuries.

Moreover, if you have topurchase painkilling medication or other aids to help your recovery, the cost of these can be recovered as part of your claim for compensation.

Future treatment costs

The cost of all treatment that you require in the future that is a direct result of the injuries you have sustained in the road traffic accident maybe included in your claim so you can rely on private medical treatment with no cost to you, instead of being on a long NHS waiting list for free treatment.

Care

If a person sustains injuries in a road traffic accident, they may require assistance in carrying out of normal, everyday tasks. For example, if a person has a broken leg and requires a cast, climbing stairs and getting dressed can become extremely difficult to do.

Such situations may lead to family and friends sacrificing their time and employment in order to care for the injured person.

A compensation claim for injuries pertaining to a road traffic accident can include the cost of care expenses in order to reimburse the losses suffered by friends and family through their kindness.

Loss of earnings

Injuries that result from a road traffic accident can often result in the injured person being unable to work.

This could result in the injured person losing part of their salary, overtime pay and bonuses having missed work. They may even be forced to return to work on a reduced number of hours or quit their employment altogether.

If this applies to you, your loss of earnings can be calculated and be added as part of your claim for compensation.

Loss of congenial employment

If it is the case that you were injured in a road traffic accident and cannot return to your pre-accident employment, especially if you had trained to be part of that profession for many years and at cost, part of your claim can include a claim for compensation for having to relinquish participation in your chosen career and maybe having to retrain to work in alternative employment.

Pension loss

If injuries mean a person cannot return to their pre-accident employment, it can also mean that they are unable to benefit from their pension, whether that is a work pension or a private pension.
Where this is a factor, a claim for compensation can include a claim for the cost of the pension loss suffered by an individual.

Disadvantage on the open labour market

Persistent injuries or a long spell away from employment while recovering after a road traffic accident can make a person an unattractive prospect for potential employers.

If this is an unfortunate by-product of injuries caused in a road traffic accident, a claim for compensation related to this disadvantage may be included.

Damage to personal property

Road traffic accidents in particular have a knack of causing damage to personal property, such as mobile phones or clothes.

The cost of repairing damage to such items or the cost or replacing them can be included in your claim for compensation.

Travel expenses

Injuries and property damage often require a person to make trips to various places in order to see to these matters.

Expenses for travel to and from the hospital, GP’s practice or a mechanics can be included in your compensation claim.

What if the driver at fault is uninsured or unidentified?

While it is easier to deal with the party at fault for a road traffic accident through their insurers, where this is not possible, we can still take on your claim in an attempt to act on your behalf to recover the compensation you deserve.

It may be difficult to track an untraceable driver down, but if we are provided with the relevant information, we will do all we can to deal with your claim effectively in order that you may receive the compensation award which you are entitled to.

Who has to pay the compensation for a successful RTA claim?

Motor insurance policies protect the thousands of people that require compensation each year because of injury or financial loss suffered as a result of road traffic accidents.

It is not the party at fault who must pay out when a claim for compensation is successful; instead, it is their insurance company who pay the compensation award as they are the party that is legally responsible due to the insurance policy.

It is very important that the insurance details of the party at fault for the road traffic accident in which you suffered injury or loss are obtained as soon as possible after the time of the accident in order that a claim may be progressed as quickly and effectively as possible to maximise the chance that it is successful.

Uninsured drivers

If a driver is uninsured, the Motor Insurers Bureau (MIB) will act as their insurer if they are at fault for a motor accident, so in these cases it would be the MIB who pays out the compensation for injury and financial loss thanks to their Uninsured Drivers Agreement scheme.

What if a family member caused the accident?

If you have suffered injury or financial loss due to a road traffic accident in the last 3 years that was not your fault but the fault of a family member, you may still be able to make a compensation claim.

An example of how this situation may arise is if you are a passenger in a car being driven by a family member that is then involved in a road traffic accident that is deemed as being caused by that family member and you sustain injuries.

If such a circumstance arises, don’t worry; you do not have to feel guilty for making a claim as it will not be made against your family member but against their insurance policy, so it is their insurer that pays out if your claim is successful, not they themselves.

It is important that the family member driving the car had a valid UK driver’s license and was either insured on it or the car itself had an insurance policy covering drivers of it.

If the vehicle was not insured, a claim may be pursued against the MIB, on their Uninsured Drivers Agreement scheme.

Quantum Legal’s No Win No Fee* Service

The Quantum Legal RTA Team operate a No Win No Fee* scheme for road traffic accident claims. This means that you will not be liable for our fees if we do not succeed in obtaining compensation on your behalf for personal injury and/or associated financial losses; if we are successful in making a claim on your behalf, we shall look to the negligent party’s insurers for payment of our fees. You will also not need to pay anything up front or even before the conclusion of your claim; payment of our fees is only due once you have received the financial benefit of your claim from the third party in full and final settlement of your claim. Please call us on 08455 191919 if you require more information.

Here at Quantum Legal, we pride ourselves in putting the interests of our clients first in every service we provide.

The expertise and experience among our RTA Team mean that they are perfectly placed to deal with your road traffic accident related personal injury and financial losses claim by acting on your behalf to obtain the compensation that you deserve.

Our dedicated team of RTA specialists will aim to successfully conclude your claim in the shortest time frame available and our friendly and knowledgeable staff will keep you informed of all key developments along the way.

So if you have been injured and have suffered financial losses in the last 3 years as a result of a road traffic accident that was not your fault, call the Quantum Legal RTA Team on 08455 191919 to speak to one of our specialists and start your claim today!