Road Traffic Accidents FAQs

If I have been injured as a passenger on a bus, can I make a compensation claim? Will I have to pay anything if my road traffic accident claim fails? Will I have to pay anything if my claim is successful? My vehicle needs repairing and I do not want to involve my own insurance company. Can you help? I need a hire car. Can you help? My car is a 'Write Off' and I am insured third party fire and theft only. What happens next? I am without a car; can I make a claim for the inconvenience? I suffered injury but the damage to my vehicle is only small. Can I still make a claim? What is whiplash? I have been injured as a result of someone driving a stolen vehicle. Can I claim? How is my claim processed? I've been involved in a road traffic accident and I might be at fault. Can I still claim for compensation? The car I was travelling in as a passenger was driven by someone who I knew had been drinking or taking drugs. Can I still make a compensation claim? If I wasn't wearing my seatbelt at the time of the accident, can I still make a claim? I've been involved in a road accident and the driver of the other vehicle wasn't insured. Can I still claim? If I was in an accident where the other driver drove away from the scene and has never been identified, is it still possible to claim? What’s the definition of a road traffic accident? What must I do if I’ve had a road traffic accident? Do I have to show my insurance certificate after a road traffic accident? Who investigates road traffic accidents? Is there a duty to report road traffic accidents? Do I have to tell my insurance company if I have a road traffic accident? I was in a car accident that wasn’t my fault, but I have no car insurance. Would this affect a claim for Are road traffic accidents reportable under RIDDOR? My vehicle hit a stationary or fixed object like a parked car, roadworks or something that was left in the road. What can I do? I have been injured as a passenger of a taxi that was in an accident. Can I make a personal injury compensation claim? I have been injured during a road traffic accident whilst in a hire car. Can I make a claim? A baby or child was in the vehicle and injured during the accident. What do I do? I was in a collision with an animal. What should I do, and can I claim compensation? I had a car accident whilst I was driving on a provisional driving licence. What next? Does it affect my compensation claim if there is no police report on my road traffic accident? I had a road traffic accident with a bicycle or motorcycle. Can I claim compensation? I believe the road surface caused my road traffic accident. What can I do? Will claiming compensation for a road traffic accident affect my car insurance?

If I have been injured as a passenger on a bus, can I make a compensation claim?

YES. It is the responsibility of a bus company to provide a safe and positive travel experience. Once you get on a bus you automatically enter into a contract with the company and you have rights as a passenger – for example, you have the right to be transported to your chosen destination in a safe manner. If you have suffered an injury which you weren’t responsible for whilst being a passenger on a bus then it’s the bus operator who is liable, provided that the accident wasn’t due to another driver on the road. If the injury was the result of another driver then there is a chance that you can make a claim against them.

Will I have to pay anything if my road traffic accident claim fails?

ΝΟ. ASD operate a ‘No Win-No Fee’ service. This means if your claim is not successful then you won’t have to pay any fees. You won’t be charged for any expenses either, such as fees for obtaining medical reports for example.

Will I have to pay anything if my claim is successful?

YES. You will only pay a fee if your claim is successful and you win your case. How much you pay will depend on the type and value of your claim. There are no hidden fees so there will be nothing else for you to pay.

My vehicle needs repairing and I do not want to involve my own insurance company. Can you help?

YES. Through Enterprise we can arrange for your vehicle to be repaired to a high standard and for you to be given a hire car when the repair is being carried out. Enterprise will arrange to be paid by the guilty party’s insurance company.

I need a hire car. Can you help?

Yes. Through Enterprise we can arrange a replacement vehicle free of charge.

My car is a 'Write Off' and I am insured third party fire and theft only. What happens next?

The insurers for the person who caused the accident will be responsible for compensating you for the vehicle. They will inspect it and send you a cheque for the pre-accident value of the vehicle. If you require a hire a car in the meantime we can arrange it.

I am without a car; can I make a claim for the inconvenience?

YES. You are likely to be entitled to a ‘loss of use’ of vehicle claim. This could be £90 per week.

I suffered injury but the damage to my vehicle is only small. Can I still make a claim?

YES. The insurers may seek to claim that it was not possible for occupants of your vehicle to have been injured given the minor damage and low speed of the collision. We will arrange for you to be seen by a medical expert who will assess your injuries. If you were injured in the accident you will be compensated.

What is whiplash?

Please read our article: Whiplash – The Facts

I have been injured as a result of someone driving a stolen vehicle. Can I claim?

YES. If the person who stole the vehicle is identified it is likely that the insurance company for the vehicle that was stolen will have to compensate you for your injuries and loss. If the person is not identified then the Motors Insurers Bureau will compensate you. The MIB is a body set up by the government, but funded by the insurers to compensate the victims of untraced and uninsured motorists.

How is my claim processed?

You will be seen ‘face-to-face’ by one of our Solicitors. We will deal with your claim from start to finish. A claim form will be sent to the guilty party’s insurers. They will have 21 days in which to either accept or reject the claim. If liability is accepted then we will arrange for you to be medically examined.

Once we have received the medical report, you will receive a written valuation from us. Upon your instructions, a proposal will be put to the insurers who have 21 days to either accept the offer or make a counter offer. If agreement cannot be reached a brief hearing before a District Judge will determine the value of the claim. You would not need to attend. If liability is denied then court proceedings maybe required to determine who was at fault.

I've been involved in a road traffic accident and I might be at fault. Can I still claim for compensation?

Even if you think you were to blame, you may still be entitled to compensation as an investigation into an accident often reveals that someone else was at least partly to blame. Call us about your case on our freephone line 0800 163 622 or get in touch via our quick enquiry form.

The car I was travelling in as a passenger was driven by someone who I knew had been drinking or taking drugs. Can I still make a compensation claim?

YES, you can still make a claim but a court will have to consider whether you were aware of the ability of the driver to drive safely and if you knew they were under the influence. We have the expertise to help you make a claim in these circumstances so call us to discuss your case on our Freephone line 0800 163 622 or get in touch via our quick enquiry form.

If I wasn't wearing my seatbelt at the time of the accident, can I still make a claim?

YES – if you were injured and the accident was not your fault then you will still be entitled to make a compensation claim. It’s important to note though that the amount of compensation offered to you may be reduced if, during the case, it is found using a seatbelt would have resulted in your injuries being less severe.

I've been involved in a road accident and the driver of the other vehicle wasn't insured. Can I still claim?

YES. If the driver did not have insurance but the vehicle he was driving was insured, the vehicle’s insurance company must deal with your claim. If neither the driver nor the vehicle were insured, your claim will be dealt with by the Motor Insurers’ Bureau Uninsured Driver Agreement.

If I was in an accident where the other driver drove away from the scene and has never been identified, is it still possible to claim?

Yes, in many such circumstances you can claim compensation through the Motor Insurers’ Bureau Untraced Driver’s Agreement. Unfortunately this is not always possible and the amount awarded is limited, but we can help you with your case. Simply call our Freephone line 0800 163 622 or get in touch via our quick enquiry form.

What’s the definition of a road traffic accident?

A road traffic accident means an accident resulting in injury to any person caused, by, or arising out of, the use of a motor vehicle on a road or public place.

What must I do if I’ve had a road traffic accident?

If you are a driver of a motor vehicle and there is damage to either vehicle, road furniture or property, or there is injury to another person or animal, then you must stop at the scene and provide your details (your name and address, those of the vehicle’s owner, and the car registration) when asked by someone who has reasonable grounds to request them (regardless if the accident was your fault or not). If you don’t exchange these details at the time of the accident, then you must report the accident to the police (in person) within 24 hours.

Do I have to show my insurance certificate after a road traffic accident?

If you are a driver of a motor vehicle and there was personal injury to someone else, you must also produce a valid insurance certificate if asked to do so. If you’re asked to do so at the scene of the accident but do not have it with you, then you must report the accident, in person, to the police within 24 hours, and take the insurance certificate to a police station within 7 days of the accident.

Who investigates road traffic accidents?

The police will usually investigate collisions and write up a police report. Sometimes traffic officers from Highways England may also be involved. If liability is disputed, then insurance companies may hire third party investigators to find out what happened.

Is there a duty to report road traffic accidents?

Yes, if there is an injury to another person then you must report the accident to the police as soon as possible or at least within 24 hours.

If there is only damage to property, such as the vehicles involved, then it’s fine to just exchange insurance details.

Do I have to tell my insurance company if I have a road traffic accident?

It’s generally a good idea to tell your insurance company if you have an accident, even if you’re not claiming through them – because there may be a clause in your insurance policy that invalidates your cover if you don’t disclose incidents in this way.

I was in a car accident that wasn’t my fault, but I have no car insurance. Would this affect a claim for

No. Although driving without insurance is illegal this would not affect a claim for personal injury if the other party was negligible. Please contact us to find out more.

Are road traffic accidents reportable under RIDDOR?

RIDDOR means the Reporting Of Injuries, Diseases and Dangerous Occurrences Regulations 2013, which require the reporting of specified workplace accidents by employers, self-employed people and those controlling workplace premises. Most road traffic accidents are not reportable under RIDDOR, unless they involve roadworks or they are workplace-related, and they also involve a reportable type of injury.

My vehicle hit a stationary or fixed object like a parked car, roadworks or something that was left in the road. What can I do?

Depending on whether you were at fault by carelessness, or whether the obstruction caused your road traffic accident (such as an unlit roadwork, obstacle in the road, or unsafely parked car), you may be able to make a compensation claim for personal injuries caused by the owners’ negligence. Negligence may be claimed against the company or authority carrying out the roadworks, or the owner of an unsafely parked car.

I have been injured as a passenger of a taxi that was in an accident. Can I make a personal injury compensation claim?

Yes. Whether the accident was caused by another vehicle or by the driver of the taxi you were a passenger of, you may be able to make a claim for personal injury compensation against either the third party or against the taxi driver. However, the value of your claim could be reduced by up to 25% if you failed to wear a seat belt.

I have been injured during a road traffic accident whilst in a hire car. Can I make a claim?

Yes, if the accident was caused by someone else’s negligence, then you may have a case to claim.

A baby or child was in the vehicle and injured during the accident. What do I do?

The parents or next of kin of the baby or child can claim on behalf on the child for any injuries they sustained. Read more about the different types of damages you may be able to claim for and how they’re calculated.

I was in a collision with an animal. What should I do, and can I claim compensation?

If the animal was owned rather than wild, and it caused your accident, you could have a case for negligence against its owner. Read our complete guide to Road Traffic Accidents Caused by Animals here.

I had a car accident whilst I was driving on a provisional driving licence. What next?

If you were driving legally (that is, under the appropriate supervision whilst holding a provisional licence) and the accident was someone else’s fault, then you may be entitled to claim for compensation in the same way as a driver with a full licence.

Even if you were driving illegally, (ie, unaccompanied by a driver with the required experience) and you were involved in an accident that was someone else’s fault, this should not affect your case.

Does it affect my compensation claim if there is no police report on my road traffic accident?

No. By law, if there is a personal injury to another person in a road traffic accident, it must be reported to the police. If you were the person injured during the accident, this should have been reported. However, there are some occasions where this doesn’t happen – for example, the injured person wasn’t aware of their injury until sometime after the accident. It’s also important to remember that police aren’t the only investigators: often third party investigators can be hired, or insurance companies may have their own investigators to send. If you suspect the driver was uninsured you should report the matter to the police immediately.

I had a road traffic accident with a bicycle or motorcycle. Can I claim compensation?

Yes, if the accident was caused by someone else’s negligence.

I believe the road surface caused my road traffic accident. What can I do?

You may be able to claim compensation for the agency or authority responsible for the maintenance of the road. This is also true if they fail to respond to the treatment of roads in adverse conditions or if inadequate warning is given about the surface or condition of the road.

Will claiming compensation for a road traffic accident affect my car insurance?

No, it should not affect your car insurance premiums.

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"Just a quick thank-you note for the professional and speedy way that you settled my compensation claim. I must admit that I am impressed with the way the case was handled, and to achieve such a large sum, in such a short time was amazing. I would not hesitate to recommend your services to any colleagues that may need someone in the future, so once again Thank-you."
Mr Holling, Worksop

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