1. What is a road traffic accident?
A road traffic accident is a collision on a road or in a public area involving a vehicle and another vehicle, person, animal or object that causes damage, injury or even death.
2. Who can claim compensation for a road traffic accident?
- A driver or motorcyclist injured in an accident caused by another road user.
- A passenger in a vehicle involved in an accident that has been caused by the negligence of their driver or the driver of another vehicle.
- A pedestrian or cyclist hit by a car or other vehicle through no fault of their own.
3. What is the process for making a road traffic accident compensation claim?
After we have agreed to represent you, we will take instructions and gather information to establish who is responsible for your injuries. We will also carry out an assessment on whether you have any immediate rehabilitation needs that we can facilitate.
Once we have determined who is responsible for your injuries, we will notify them of your claim and request an admission of liability. If liability is admitted, you might be able to get part payment towards your compensation to cover any urgent costs or expenses. Low value RTA claims (valued between £1,000.00 to £25,000.00) where liability is admitted proceed through the Ministry of Justice’s RTA Claims Portal.
If liability is in dispute, we will carry out a comprehensive investigation into the circumstances of your accident to establish who was at fault. This can involve requesting CCTV footage, getting copies of any police reports, obtaining witness statements, gathering engineering evidence etc. We will also obtain independent medical evidence to determine the extent of your injuries. If the other party fails to admit liability for the accident, your claim may go to court.
4. Can I make a claim if the responsible party drives off or is uninsured?
If your accident was caused by a driver who does not have insurance or a driver who fled the scene without exchanging details, Mergul Law can still help you make a claim. An application can be made to the Motor Insurance Bureau if you have been involved in accident with an untraced or uninsured driver. However, there are strict limits within which you can make an application so get in touch with our specialists to start your claim as soon as possible.
5. How long do I have to make a road traffic compensation claim?
You have three years from the date of the accident to start your claim for injury. If you have not been injured in the accident and wish to claim only for vehicle damage, you have up to 6 years from the date of the accident to make a claim.
The sooner you contact us, the quicker and easier it will be for us to process your claim. There are limited exceptions to the three-year limit for personal injury claims so contact our RTA specialists without delay.
6. How long does the process take?
This is a difficult question to answer. If you are involved in a standard road-traffic accident where the third party admits fault, then your claim could be concluded within a few months. But usually the process is longer. How much longer will be contingent on several factors, including the complexity of the claim and whether the third party admits fault or not.
But once your claim has been settled (i.e. the third party has accepted he or she was at fault and we have agreed the amount of compensation you should get), you should get your settlement cheque within 21 days.
7. Will I need a medical examination if I make a compensation claim?
Yes, we will arrange for an independent medical expert to examine you to establish the nature and extent of your injuries. Their report will be used as evidence in your personal injury claim and to establish the amount of compensation you can claim. The examination will be arranged at a time and location convenient for you.
8. How much compensation will I get?
The amount of compensation you can claim will depend on the extent of your injuries and their impact on your daily life and wellbeing. For instance, if you have only suffered from whiplash injuries that have had very little impact on your daily life, your compensation will lower than if you sustain more serious internal injuries or fractures. You can claim for all losses and expenses incurred due to the accident and our team will advise you of the value of your claim as soon as possible.
9. Will I have to go to court?
Our team will endeavour to settle your claim out of court. However, we may recommend initiating court proceedings if there is a dispute as to liability or the value of your claim. If your case does proceed to court, we will ensure you are professionally represented and supported throughout the process.
10. How much will it cost me to make a claim?
You will not have to pay anything out of your own pocket to make a claim and there are several ways to fund your personal injury claim. If you are part of a trade union, you can check if you are eligible for free legal services as a part of your membership. You might also have legal expenses insurance which can fund your claim. If you are not a member of a trade union or do not have legal expenses insurance, we can deal with your claim on a ‘no win, no fee’ basis through a conditional fee agreement.
11. What is No-Win No-Fee?
‘No win, no fee’ is a term used to describe an agreement between lawyer and client, whereby legal fees only become payable in certain circumstances. If your claim for personal-injury compensation is unsuccessful, you will not pay us anything. If, on the other hand, you win your case, you may have to pay us a percentage of your compensation (see below).
12. Will you take any of my compensation?
This will depend on the duration and complexity of the claim, and whether you have an existing insurance policy covering your legal costs.
If you do have such insurance (e.g. through your home-contents insurance or motor insurance), we will not take any of your compensation, regardless of the complexity and length of the claim.
If you do not have such insurance, we may take up to 25% from the total compensation that you receive.
13. How do I start my claim for a road traffic accident?
If you would like to claim compensation after suffering a personal injury due to a road traffic accident, you can call our experts on 020 3876 7643, or you can email us on email@example.com. You can also contact us using our quick and easy online claim form. Our team will be in touch with you within 24 hours of receiving your information.