Road Traffic Collision Claims
If you have been injured in a road traffic accident that was not your fault, you can claim for pain, suffering and loss of amenity (known as general damages) and your financial losses (known as special damages) arising as a result of the accident.
Our clients are at the heart of everything we do here at Affinity Law. In addition to helping you achieve the compensation you deserve, we’ll also instruct a team of experienced medical professionals – from physiotherapists to psychologists – to help provide any care and support needed post-injury.
You can claim if you were:
- A driver
- A passenger (you can claim against your own driver if the accident was their fault)
- Motorcyclist
- Pillion passenger
- Passenger on a bus
- Cyclist
- Pedestrian
Call us on 01332 447 998 now to discuss your road traffic collision claim.
You should:
- report the accident to your own insurers
- report the accident to the police
- attend your GP/hospital so that a note is made of your injuries and you receive the appropriate medical treatment as soon as possible
- keep a list of all expenses incurred and receipts
We will need:
- Date and time of the accident
- The name, address and registration number of the other vehicle (where possible)
- The other driver’s insurers details (if known). We have a database that can usually trace this information from the registration number of the vehicle
- Police accident reference number (if you have reported the incident)
- Name and addresses of witnesses to the accident
- Any photographs you have of the accident damage to either/both vehicles
You do not have to use your insurer’s appointed solicitors and you have the freedom to instruct a solicitor of your own choice. This is not always clear when discussing the accident with your own insurers. You should not deal directly with the other driver’s insurers as this is a conflict of interest.
Official Injury Claim (OIC) Portal
From 31st May 2021, the personal injury claims process changed for people who suffer from low-value injuries when in a vehicle in a non-fault road traffic accident. The changes do not apply to claims involving children and vulnerable road-users such as pedestrians, cyclists and motorcyclists.
The Government’s new reforms significantly reduce the level of compensation payable for low value injuries, so whereas in the past a whiplash injury lasting up to 3 months might have attracted an award of £2300, the new tariff now limits the compensation to just £240.
In addition, prior to the 31st May 2021, if you were injured then you were eligible to recover compensation and legal fees from the negligent driver’s insurance company, provided your case had a valuation of £1,000 or more. Under the new reforms, if your claim is valued at less than £5,000 you will not be able to recover any of your legal fees from your opponent. It is the Government’s view that claimants should therefore represent themselves in these small claims.
There is now a new Government supported online service for claimants to use when submitting a low value road traffic accident claim. This is called the Official Injury Claim portal. The website is https://www.officialinjuryclaim.org.uk/. There is also a helpline which can provide additional support: 0800 118 1631
Ministry of Justice (MOJ) Portal
The Ministry of Justice Portal is for motor (and employer’s liability and public liability) claims from the value of £5,000 up to £25,000. Unlike the OIC Portal, claimants are not expected to represent themselves in such claims. Our team have a wealth of knowledge in dealing with MOJ Portal claims and we can deal with these matters on your behalf.
Untraced/Uninsured Drivers
The Motor Insurers’ Bureau is a body set up to compensate injured victims of untraced and uninsured drivers. The Motor Insurers’ Bureau will pay for all or some of your costs in addition to your compensation.
Call us on 01332 447 998 now to discuss your road traffic collision claim.