Road Traffic Accident Claims

You may be able to make a claim if you were injured in a road traffic accident that was caused by someone else’s fault or negligence. This could include another driver, an uninsured driver, or another party responsible for the accident. A solicitor can review your circumstances and explain your options.

Evidence may include photographic and video evidence, witness details, police reports, insurance information, medical records and proof of financial losses. Do not worry if you do not have everything at the start. Our solicitors can guide you on what may be required. It is useful for you to keep a careful record of all expenses incurred by you because of the accident.  This can include invoices for vehicle repairs, car hire expenses, extra travelling costs for hospital visits and medical appointments, or extra expenses because you have had to pay for household and domestic jobs such as gardening or DIY.

The length of a claim depends on the circumstances, including the severity of the injury, whether liability is accepted, and how long it takes to understand the full impact of the accident. We will keep you informed throughout the process. Where injuries are ongoing, medical evidence may be needed before the value of the claim can be properly assessed.

In some cases, claims involving uninsured or untraced drivers may be pursued through the Motor Insurers’ Bureau. Our team can explain whether this may apply to your situation. These claims can involve specific requirements, so early advice is important.

Specialist road traffic accident solicitors can help gather evidence, assess the value of your claim, deal with insurers and guide you through the process. This can be particularly important where injuries are serious or the circumstances are disputed. A solicitor can also help identify the correct heads of claim, consider contributory negligence, and ensure that your claim reflects the impact of the accident on your life.

Contributory negligence may be raised where it is argued that the injured person was partly responsible for the accident or for the extent of their injuries. For example, this may be raised in relation to seatbelt use, speed, visibility, or the actions of a pedestrian, cyclist or driver. If contributory negligence is argued, it may affect the final level of compensation. Our solicitors can explain how this may apply to your circumstances.

In many road traffic accident claims, a medical examination is required so that an independent medical expert can prepare a report. Medical evidence helps establish the nature of your injuries, your recovery position, any ongoing symptoms, and whether future treatment or rehabilitation may be needed.

Yes, it may be possible to make a claim for a whiplash injury if it was caused by a road traffic accident that was not your fault. Whiplash injuries can vary in severity, and symptoms may include neck pain, stiffness, headaches, shoulder pain, back pain or reduced movement. Medical evidence will usually be needed to support the claim.

Yes, our team can assist with motorbike accident claims. Motorcyclists can be particularly vulnerable on the road, and injuries may be serious. We can help gather evidence, consider liability, review medical reports, and assess the wider impact of the accident on your work, mobility and daily life.

Yes, we can assist with cycling accident claims where a cyclist has been injured because of another party’s fault or negligence. These claims may involve collisions with cars, commercial vehicles, public transport, poor road conditions, or incidents where liability is disputed.

Yes, public transport claims may be possible where you have been injured as a passenger on a bus, coach, taxi, tram or other form of transport, depending on the circumstances. These claims may involve different evidence, including incident reports, operator records, CCTV, witness statements and medical evidence.

Rehabilitation can be an important part of recovery after a road traffic accident. Depending on the circumstances, a claim may include treatment, physiotherapy, occupational therapy, counselling, assistive technology, or support from medical and rehabilitation experts. In serious injury cases, early support and rehabilitation can make a meaningful difference.

If the insurance company disputes liability, further evidence may be needed. This can include witness statements, photographs, vehicle damage evidence, and medical evidence. Our solicitors can help assess the position and explain the options available.

An interim payment may be possible in some cases, particularly where liability is admitted and there is a need for early financial support. Interim payments can help with immediate needs such as treatment, rehabilitation, care, loss of earnings or essential expenses. Whether this is available will depend on the facts of the case.

A Conditional Fee Agreement is a type of funding arrangement sometimes used in personal injury claims. The availability and suitability of any funding option will depend on your circumstances. We will explain funding clearly before you decide whether to proceed, so you understand any fees or deductions.  There will be no hidden charges.

Yes, time limits can apply to road traffic accident claims. It is important to seek advice as soon as possible so that your position can be protected and evidence can be gathered while it is still available.  The normal time limit is that Court proceedings have to be raised and served within 3 years of the accident.  Different time limits apply where the claim relates to injuries suffered by a child.

A serious injury can affect mobility, independence, work, relationships and daily life. Support may include rehabilitation, care, adaptations, assistive technology, specialist medical treatment and input from rehabilitation professionals. Some people also find guidance from organisations such as the brain & spine foundation helpful, depending on the nature of their injury.

A Certificate of recoverable benefits may be used where state benefits have been paid because of an accident or injury. Recoverable benefits can affect the way compensation is calculated or paid. We can explain how this may apply to your claim.

Some online guidance about road traffic accident claims relates to England and Wales. This can include references to Small Claims, Practice Direction 27B, Practice Direction 45, Part 7 of the CPR, the Civil Procedure Rules, Civil Procedure Rules 1998, the RTA Small Claims Protocol, the Portal Support Centre, HM Courts and Tribunals Service and court and tribunal forms.  Most of these references do not apply to Scotland.

Drummond Miller is a Scottish law firm. We will help you understand the procedure that applies to your claim and avoid confusion where online information relates to a different legal system.

In Scotland, there can be huge differences, particularly in fatal claims.

Not every claim requires court action. If court proceedings become necessary, there may be formal documents to prepare or respond to. These may include a court form, Court Pack, Court Proceedings Pack or Acknowledgment of Service, depending on the jurisdiction and process involved. Our solicitors will explain what is required and support you through each step.

If your road traffic accident happened while you were working, there may be additional issues to consider. This may include employer duties, vehicle safety, training, insurance and, in some circumstances, the Health and Safety at Work etc Act 1974. We can help you understand who may be responsible and how your claim may proceed.