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Insurance Claims Following a Road Traffic Accident

By: Tracy Whitelaw - Updated: 6 Nov 2017 | comments*Discuss
 
Where Do I Make A Claim After An

When it comes to making an injury claim after a road traffic accident, many people are confused about the correct procedure and prefer to simply ignore it or leave it entirely to the hands of others. Although everyone’s case differs, generally there are some relatively similar steps to follow when it comes to making a claim.

Who Can Make a Claim?

Anyone is legally entitled to make a claim for compensation if they feel they have been injured as a result of a road traffic accident that was caused by another individual. Road users, including pedestrians, cyclists and motorcyclists can pursue a claim if the accident isn’t their fault. In these cases, you are making the claim against the insurer of the individual responsible for the accident and subsequent injury.

Passengers in your car if you’re in an accident are able to claim against you as well as against the driver of the other vehicle should they wish to. You should make your claim within three years of the accident occurring. After this time period, you may find it extremely difficult to process a claim.

Claiming Through Your Insurance Company

Most people realise that when they’ve been involved in an accident, it’s their responsibility to contact their insurer in order to get their compensation claim started. In many cases, this is a relatively straightforward process, especially if there are witnesses and police at the scene of the accident. Your insurer will talk you through the accident and ask for as many details as you’re able to provide. They will then investigate the situation and eventually come back to you with further details.

In many cases, you’ll be able to form an accident claim in a few hours, but the process will be much more lengthy than this, especially dependent on which insurers you use and how easy it is to see who was at fault. Your insurance company will make you an offer of compensation and most people decide to accept this.

There are a few reasons for this; to speed up the process, to get cash you feel you’re owed and because you don’t realise you don’t have to accept their offer. If you feel that your claim is worth more than your insurance company are willing to pay out, you can contact an accident claims specialist.

Claiming Through an Accident Claims Specialist

If you’re not satisfied with the offer from your insurance company, which is often the minimum amount they can give you, you have the option of making a claim through an accident claim specialist. There are a number of contractual issues here that you should clarify with your insurance company first however. Some insurance policies may deem that you must use them in the event of a claim, so check that out before pursuing a claim elsewhere.

If you are able to use a specialist solicitor, the procedure is relatively similar to claiming through your insurance. You will still need to provide them with as much information as possible relating to the events of the accident and they will still need to conduct their own investigations before you receive any compensation. The solicitor shouldn’t ask you for any payment in advance and often doesn’t require any on conclusion of the case either, assuming you win.

They can claim their fees from the insurer of the individual who is responsible for the accident and therefore you shouldn’t be out of pocket. They will seek to get you the highest amount of compensation available from your claim so it can be a good way of being fully reimbursed for any physical or emotional effects of a car accident.

The Claim System in Scotland

The Scottish system for dealing with road accident claims is different to that of England and Wales. In Scotland there are four main ways you can claim for compensation on a personal injury. You can use a claims assessor, make a claim to the Criminal Injuries Compensation Authority, take legal action in a civil court or obtain a criminal compensation order. If you are located in Scotland or have an accident there, you should consult a local road accident specialist solicitor for help on how to proceed.

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[Add a Comment]
KL - Your Question:
I was in an accident where the other driver has accepted liability (he hit us at c.55mph as a result of overtaking where it was illegal to do so. I was with my wife and two very young children. My back hurts and my wife’s neck hurts - the children are upset but appear not to have physical injuries. My insurer has referred me to an injury solicitor; the third party’s insurer has referred me to people too (I think are in-House). How should I proceed?

Our Response:
Follow your insurer's advice on this.
TrafficAccidentAdvice - 7-Nov-17 @ 2:35 PM
I was in an accident where the other driver has accepted liability (he hit us at c.55mph as a result of overtaking where it was illegal to do so. I was with my wife and two very young children. My back hurts and my wife’s neck hurts - the children are upset but appear not to have physical injuries. My insurer has referred me to an injury solicitor; the third party’s insurer has referred me to people too (I think are in-House). How should I proceed?
KL - 6-Nov-17 @ 5:59 PM
helly - Your Question:
How can I get compensation after a road traffic accident.

Our Response:
What kind of compensation? Is this in addition to an insurance claim?
TrafficAccidentAdvice - 3-Nov-17 @ 3:25 PM
how can i get compensation after a road traffic accident.
helly - 3-Nov-17 @ 1:07 PM
I had a road traffic accident in favour of me . . How much I was paid out how can I know ?
Ahmed - 11-Jan-17 @ 4:38 PM
I had an accident 3 years and had my licence pre voked 3 years on I have had my licence re newed I changed my insurance company since accident However 3 years on I have revived a letter saying they cannot pay for accident and are demanding over £ 2000. From me Can they do this?
Demelza Warsama - 16-Dec-16 @ 8:48 PM
Please help my husband was driving for a well known company delivering for them. He was involved in an accident witg a cyclist. It was pitch black and the cyclist had no reflective clothing or lights. So ny hubby accepted his part and was fined and had his licence endorsed. Now the cyclist is suing him.We have no money and can bearly afford the fine. He wants £10.000 for injuries that he didnt present to court. Please help
Funsize - 21-Sep-16 @ 6:07 PM
I was about to start a contract with a company.Buthad a traffic accident which was not my fault so I could not startthe contract through my injurys. the contract was for a year but there was contracts to follow on . What sort of compensation do stand to get
Ricky - 12-May-16 @ 11:02 PM
The other day while in traffic a lady rolled back into the front of my car, the road we was on had a slight incline in it. It was a very gently roll back into my car. we got out of our cars i looked at my front bumper and there was no damage she looked at her said there is no damage. I then got back into my car as there was heavy traffic i turned my car around and went a different route. 3 days later i get a call saying someone is claiming on my insurance bearing in mind that we had not exchanged details as there was no damage so she must have wrote down my number plate. Told my insurance what had happened and they said leave it with them, another 4 days passed and i then get a letter from the police saying they require name and address of the driver as the car had been involved in an accident and fled the scene on the same day i get a call from my insurance stating that the third party has been referred to an accident management company and now claiming personal injury i.e whiplash for herself only even though she had passengers but my insurance company have not yet had a claime for damage to the third party's car. Surely if i had hit her as she is claiming there would be claim for damages to her car. I have provided my insurance with photos of my car which also clearly show no damage, scratches, dents or anything. Do you think she is trying to falsely claim for whiplash also can she make a personal injury claim and not a claim for damages for her car even though there is none?
kellyh - 28-May-15 @ 6:36 PM
@Willow. Sounds like someone has done something fraudulently. If your insurer does not rectify the situation, or you are not happy with how it's been handled, you should make a complaint to theFinancial Ombudsman
TrafficAccidentAdvice - 15-May-15 @ 10:19 AM
I was involved in a car accident I know it was not my fault and I have gone over this with my insurance company. On the day of the accident I called my insurance company to inform of what happened, but for some reason the lady from my insurers didn't seem believe me that I did not cause the incident because of this to start with my note have been wrong and had to state that I didn't not cause this accident. I was driving round a bend and the other car just drove straight in to me, my air bags went off, Police where called and after my car was written off. I sent photo, layout of the road and witness details to my insurance company. The witness who didn't see the crash happen but was there and give detailed layout of where cars where at the time. my insurance where happy I didn't cause crash and would fight my case. As part of my insurance I had cover for personal injury, a team was looking in to this too. 4 months since accident took place I was booked in to see GP so they could look over my injury and also had call from my insurance company to state that we would have to go to court as the other party was not taking fault to the accident stated we both caused the accident. The next day get email from my personal injury law that a letter had been set from the other party who had a letter sent to them on the day off the accident from my insurance company stating I had taken Full responsibility for the crash. I called and spoke to person from insurance company who was dealing with my case and they shocked to hear about this letter and they what look in to it and call me straight back (I made call on Friday at 10.30am still not heard back) I am doing complaint letter as never taken responsibility for the accident that the other party cause the accident and I have stated this all way throw my case. But not sure what else to do can you give me any advice?
Willow - 10-May-15 @ 11:28 PM
@loisl. It sounds as though it's the accident claims solicitor that doesn't want to lose the business. Ask where the marker is to be placed? i.e on what register? Whose record?
TrafficAccidentAdvice - 5-Mar-15 @ 11:22 AM
My partner and I would like some legal advice if possible. We were involved in a road traffic accident on 2nd March 2014. The other driver admitted liability and we instructed an accident management company to deal with our case. We received a courtesy car which we used for less than a month (we already had a vehicle on order so we returned the courtesy car once this became available). Our vehicle was inspected by the accident management company's engineer and then again by an engineer appointed by the third party's insurance company. After initially making an offer (which was not the full settlement figure) to pay for our vehicle repairs and physio for injuries, the third party insurance company withdrew their offer stating that they would not be paying out. Another engineer was then sent to do a forensic inspection on our vehicle at the beginning of April. We received a letter (unsigned) from the third party insurance company's solicitors stating that they consider the case to be fraudulent. They say that this is based on the results of the forensic inspection and also on interviews with the third party carried out by a special investigator (who apparently questioned his reason for travelling a particular route). We have been advised that the most likely reason for the third party's insurance company being unwilling to pay is because we own a car body repair business and requested that my partner should be the one to carry out the repairs on the car, along with the fact that the car is a high-value vehicle. We have had our own forensic engineer's inspection done and our engineer says that he is happy the damage is consistent with the accident. He also points out faults with the third party's forensic report. Due to financial pressure (needing to sell the car which was virtually sold at the time of the accident) I have resorted to fixing the car myself and it is now up for sale again. The situation is causing my partner and me, and therefore our family, a huge amount of stress and financial worry, especially since the case is now going to court and it is likely that it will not be resolved for many more months. As a result and after many discussions, we have come to the conclusion that the best thing for us to do financially and emotionally is to not proceed with the claim - we want closure and to be able to move on with our business and our lives. This leads us to our question: are we legally allowed to drop the claim at this stage? Our solicitor has told us that it will lead to a marker being placed against us because the claim has been repudiated (even though we in no way accept that the claim is fraudulent). However, a family friend who is a solicitor has told us that this is not the case. We are aware that it is in our solicitor's best interests to encourage us to continue with the claim so would really appreciate some impartial advice if possible.
loisl - 2-Mar-15 @ 12:34 PM
The best thing that you can do if you are in a traffic collision is speak to a Solicitor. They will be able to advise you on whether you can make a Road Traffic Accident Claim.
George Ide - 24-Oct-13 @ 10:09 AM
lost my finger in motorcycle accident, i was on the main road when a vehicle coming from the other way turned in front of me , as a result i lost my wedding finger from the knuckle , in other wards all of it. how much compensation should i be looking at?
- - 18-Jun-13 @ 9:52 AM
I was insured fully comp when someone ran in the back of me while I was waiting to turn right at a junction.She admitted it was her fault and her insurance company admitted liability. My insurance company took 6 months to decide whether my car should be scrapped.in the meantime I was given courtesy cars but they were all too small and I wasted a lot of time having to do too many journeys. What's the score if you want compensation from your insurance company for taking too long to settle a claim?
JustScrapIt - 21-May-12 @ 7:14 PM
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