Essential information
FAQs
Whether you’re dealing with liability issues or seeking support during your recovery, we’re here to help illuminate your path to a fair resolution.
Essential Information
Frequently asked questions
Navigating the aftermath of a road traffic accident can be overwhelming, raising many questions about the claims process. This page aims to address your concerns with clarity and compassion, guiding you through the intricacies of compensation claims. It covers the basics and explains:
- Where ‘personal injury claims’ fit within the law
- Who pays and how compensation is funded
- Fault/liability
- How a claim is valued
- Rehabilitation and interim payments
- Settlement
- Costs – who foots the solicitor’s bill
Personal injury claims
Personal injury claims are covered by civil law, which allows individuals or businesses (the Claimant) to seek financial compensation or damages against another individual/s or business (the Defendant).
Who pays?
In most road traffic accident (RTA) cases, the motor insurer of the responsible party (Defendant) pays damages. If the Defendant is not insured, or can’t be identified, the Motor Insurers’ Bureau will often step in to deal as if the Defendant was insured.
Blame or fault (Liability)
To claim for injury, the Claimant must prove fault or blame (liability) on the part of the Defendant. That blame can be full or partial. Unlike criminal law, where an individual is guilty or not guilty, parties to an injury claim can share liability, such as contributing to the crash by driving too fast or contributing to their injuries by not wearing a seatbelt. If liability is split between the parties, the Claimant’s damages are typically reduced by the amount they are found to blame. This is known as ‘contributory negligence’.
Liability or fault in a road traffic accident can be established through CCTV or dashcam footage, witness evidence, photographs and physical evidence at the scene, or accident damage.
Valuing a claim (Quantum)
Settling injury claims is (in most cases not involving children) a full and final settlement. Once settled, it cannot be re-opened later. Therefore, it’s crucial that your solicitor understands the long-term effect of your injuries and the future losses and expenses you could suffer or incur because of them.
Even if liability is admitted by the Defendant, it’s the Claimant’s duty to prove the nature and extent of their injuries and losses.
A personal injury claim is essentially divided into two parts:
- Injury damages – compensation for pain, suffering and loss of amenity
- Losses and expenses – suffered because of the crash (both past and, potentially, future losses)
Injury damages
You solicitor will seek independent medical evidence about your injuries from a medical expert who produces a medico-legal report. Different medical experts are selected for different types of injures and there can be multiple experts, including GPs, orthopaedic consultants, plastic surgeons and psychologists.
Once medical evidence is finalised, the ‘Judicial College Guidelines’ are typically used to value an injury claim. Only one award is made, even for multiple injuries. Your solicitor will provide advice and guidance on the appropriate value of your injury claim.
Losses and expenses
These encompass any losses or expenses reasonably incurred because of an accident, including those related to vehicle damage and injuries (such as vehicle insurance excess, travel expenses, treatment and medication costs, loss of earnings and care costs). Your solicitor will be required to prepare a list or schedule of your losses and expenses and, where possible, prove those losses with receipts, invoices or other documents.
Rehabilitation and interim payments
From the outset and during the life of the claim the parties should consider the Claimant’s rehabilitation needs. This might include simple private physiotherapy treatment – through to a full needs assessment including accommodation, care and treatment. If agreed, a rehabilitation package can be put in place and directly funded by the paying insurer.
Alternatively, rehabilitation and any other proved losses (such as lost earnings) can be funded through the provision of interim payments made by the paying insurers throughout the case.
Settlement
Your solicitor will advise you about the overall value of your claim. The medical evidence and schedule of losses are disclosed to the paying insurer and offers are invited. Both parties can make formal offers to settle the case.
While your solicitor needs to prepare your case as though it will, one day, be determined in court, most claims are settled by negotiation, without needing court proceedings. Even where court proceedings are started, most cases still settle before a final trial at court.
Costs
The usual rule is that the losing party pays the winning party’s costs. In many cases, the costs your solicitor can claim are fixed by reference to the value of the claim and/or the procedural point at which it settled.
Your solicitor is duty-bound to give you accurate and transparent advice about what they charge and how to protect yourself from the risk of paying any costs. In many RTA cases, the claimant’s motor insurance policy includes Legal Expenses Insurance (LEI), which covers their legal costs and the risk of losing.
Where there’s no LEI, most cases are funded under the terms of a Conditional Fee Agreement (CFA), also known as a ‘no win/no fee’ agreement. You’ll need careful advice about the terms of any CFA, but in most cases, the maximum’ success fee’ your solicitor can claim from your settlement is 25% of the awards for injury damages and past losses.
Need more information?
Frequently asked questions
Even if you share some responsibility for the accident, you may still be entitled to compensation. This is known as ‘contributory negligence’. Your settlement may be reduced to reflect your part in the accident, but you should still pursue a claim to secure a fair outcome.
Absolutely. If the accident has affected your mental well-being, you’re entitled to claim for psychological injuries as well as physical. These are considered when assessing your total compensation, to ensure you’re supported through your recovery.
In the UK, you have three years from the date of the accident, or three years from the date you discovered your injuries were a result of the accident, to start a claim for personal injury. If you’re claiming for someone under 18, the three-year period begins on their 18th birthday. Don’t wait too long – the sooner you start, the clearer the details will be.
If the other driver doesn’t stop, you may still have options. The Motor Insurers’ Bureau provides a means to claim compensation in these situations. It’s important to report the accident to the police within 14 days for injuries, and as soon as possible for damage or loss.
If your child has been injured, they deserve special care. You can make a claim on their behalf as a ‘litigation friend’. Any compensation awarded will be held in a trust until they turn 18, ensuring their future is protected.
The purpose of Legal Expenses Insurance (LEI) is to provide protection to the insured against the costs of bringing or defending legal action where this is necessary to resolve a dispute. LEI pays both your own and your opponent’s solicitor fees and disbursements if you lose in the legal action and are ordered by the court to pay them or you do not recover them from your opponent.
An uninsured driver doesn’t mean you’re without options. The Motor Insurers’ Bureau can compensate for both personal injuries and property damage in these cases. They act as the insurer of last resort and your solicitor can help navigate this process for you.
Medical evidence is crucial in substantiating your injuries. An independent medical expert will assess your injuries and their impact on your life. Their evidence is used to ensure your compensation accurately reflects the pain and suffering you’ve endured.
You can claim for a variety of expenses linked to the accident. This can include vehicle repair costs, loss of earnings, medical treatments and travel costs to medical appointments. Keep all receipts and invoices, as they’ll support your claim.
Yes, you can receive interim payments if the other party accepts liability. These payments can cover urgent financial needs, like living expenses and medical treatment, before the final settlement is reached, ensuring you’re not left struggling.
If your claim is unsuccessful, the usual risk is that you may be responsible for the costs. However, with a ‘no win, no fee’ agreement, you typically won’t pay your solicitor’s fees if you don’t win your claim. It’s important to understand the terms of your agreement, and your solicitor will explain all potential costs upfront.
Get help today
Contact a MASS solicitor for free initial advice
No two claims are the same, so you should always seek expert, independent legal advice when making a road traffic accident claim.
To speak to one of our member solicitors in your area, enter your postcode into our ‘find a MASS solicitor’ search tool. Alternatively, call us on 0117 925 9604 or email enquiries@mass.org.uk. While we can’t give you legal advice from the head office, we’re happy to connect you to a member solicitor who can help you.
You don’t have to go through this distressing time alone. MASS is here to help, and we look forward to your call.
