If you’re injured in a road traffic accident (RTA), the first thing you need to do is focus on your recovery.
However, it’s only natural that your thoughts might turn to whether you can claim compensation for your injuries.
We answered that question in our recent guide to understanding when your injuries are severe enough to warrant a personal injury claim.
But does the type of accident influence whether you can make a personal injury claim and the compensation you might be entitled to?
If you suffer an injury, you’ll be able to claim personal injury compensation after most RTAs regardless of the circumstances – assuming you weren’t the party at fault for the accident. So let’s look at some of the different types of RTA and what a personal injury claim around these might look like.
Over 50% of those who suffer injuries in RTAs are car drivers or passengers.
If you suffer an injury as a driver or passenger and another driver is at fault, you will typically be able to claim personal injury compensation. The circumstances behind the accident don’t matter in terms of whether you can claim, either, so long as you weren’t at fault. For example, a car doesn’t need to have crashed into the back of you for you to make a claim.
Many people believe you need to have suffered whiplash to get RTA compensation, but this isn’t the case. If another motorist hits you by reversing into you, crashing into the side of your car at a roundabout or when changing lanes, or when cutting you up, for example, then any injury you suffer would leave you able to bring a compensation claim.
One of the critical elements of any personal injury claim is proving the other party was at fault for the accident. If you can do this – or the other party admits liability pretty quickly – and you’ve been injured, you have the foundation of a personal injury claim.
Depending on the nature of your injuries, you may be directed to the Official Injury Claim portal to make your compensation claim.
It’s worth noting that the Official Injury Claim portal only deals specifically with car accidents and is generally only able to process claims that exclusively involve a whiplash injury. You can learn more about how the Official Injury Claim portal works below.
If you don’t know where to start with the Official Injury Claim portal, or you find your claim isn’t eligible to go through the portal, LawPlus can help you get the compensation you deserve. Contact us now for a free, no-obligation review of your potential claim.
What if you’re involved in an accident as a vulnerable road user?
While RTAs exclusively involving vehicles are by far the most common types of accident, the potential to suffer a severe injury is often much higher if you’re a vulnerable road user because you have a lower level of protection than someone in a car or another four-wheeled vehicle.
Vulnerable road users include:
- Motorcyclists and sidecar passengers
- Moped and scooter users
- Electric wheelchair users
If you’re injured in an RTA as a vulnerable road user, you can’t claim personal injury compensation through Official Injury Claim. You can, however, instruct a personal injury solicitor to bring a claim on your behalf.
The law recognises your vulnerability in these situations, which may make it easier to establish a case and lead to a more substantial compensation award.
If you’ve suffered an injury in an RTA as a vulnerable road user, contact LawPlus for a free, no-obligation review of your potential personal injury claim.
Can I claim personal injury compensation after an RTA under any other circumstances?
It depends on what those circumstances are.
For example, if an RTA happens and you suffer an injury because a local authority hasn’t adequately maintained the roads, you could potentially bring a claim against the authority in question. Likewise, if you buy a new car and a defect causes an accident or fails to offer adequate protection, you could potentially bring a claim against the manufacturer or vehicle seller.
If you’ve been involved in an RTA under these or any other more unusual circumstances, you can’t use Official Injury Claim. The best thing to do is to contact us for a free, no-obligation review of your potential claim.