After The Crash – How Our Personal Injury Solicitors Can Help You

If you, a loved one or friend has experienced a road traffic incident, you will know all too well how it can affect everyone involved - financially, physically and mentally.

Brake, the road safety charity, celebrates Road Safety Week annually. This year it takes place from 17 to 23 November, and the theme, which changes every year is ‘After the crash – Every road victim counts.’

The charity, established in 1995, has chosen to put road victims at the heart of this year’s Road Safety Week campaign, to raise awareness of the devastating toll of road crashes and celebrate the work of the incredible number of people who come together every day to support families after a road death or serious injury.

A hazardous time of year

The World Day of Remembrance for Road Traffic Victims has always been, since 1995, celebrated on the third Sunday of November to raise awareness and to acknowledge the victims of road traffic incidents and their families.

The tragic statistics are that as many as two cyclists die in incidents every week on Britain’s roads, and at least 80 more are seriously injured. Winter roads are treacherous, and it isn’t a shock to find out that this time of year is the worst for cycle incidents. Darker nights, poor weather, dangerous deceptive twilight in the mid- to late-afternoon – and the list goes on.

Road Traffic Accidents – compensation

There were 74,157 accidents on Britain’s roads in 2023, according to latest data from the Office for National Statistics.

Of these accidents, many victims will have walked away with only minor cuts and bruises (albeit with a hefty bill to repair their damaged vehicle). Others will have suffered serious, life-changing or even fatal injuries as a result of another road user’s negligence.

You could claim compensation if the incident that caused your injury was not your fault. We’re here to help you get justice and get your life back on track after the physical, mental and financial hardships of a road traffic accident.

How our Personal Injury Department can help

It’s important to explain that ‘Personal injury’ is the legal term for an illness or injury that was caused, or made worse, by somebody else’s negligence.

If your injury was someone else’s fault, you deserve compensation. It could prove vital to help you access the rehabilitation, medical care and support you need to make the best possible recovery.

We specialise in accident claims and offer a No Win No Fee service.

This means that there is no financial risk to you; there’s nothing to pay upfront and you won’t be responsible for any fees if your claim is unsuccessful. You can find out more about this service here.

If you believe you have suffered a personal injury, you will often be able to claim compensation for the injuries sustained. This compensation could help you to access the support you need to aid your recovery or make your life easier while you live with the repercussions.

The process

When to contact us

You have until three years after your accident to make a claim, but it can be risky to delay this.

It is best to contact us as soon as possible, while your memory is still fresh (and while any witnesses still have a strong recollection of what happened).

There are, however, some exceptions to the three-year time limit for making a claim. They include:

• mental capacity – if a loved one lacks the capacity to make a claim themselves, you can claim on their behalf at any time
• children – claims can be made at any point before your child turns 18. After that, your child can make a claim up until the age of 21
• accidents abroad – time limits in other countries can be shorter than those in the UK. However, depending on the circumstances of your accident, you may still be able to make a claim under UK law
• criminal injuries – in cases where your injuries were caused by a deliberate act, a time limit of two years applies from the date of the incident.

If you think you might have a claim and are unsure as to the time limit to start proceedings, its best to get in contact with us as soon as possible and we can advise you.

Types of road accidents you can claim for

Road accidents can differ in details and circumstance, but the most common types of road accidents include:

• vehicle collisions – this could involve a car, bus, minibus, taxi, truck or other vehicle in which you were either the driver or a passenger
• pedestrian accidents – crossing the road and being hit by a car, for example
• motorcycle accidents
• cycling accidents
• accidents involving equestrian activities – such as having a fall while riding a horse on the road.

If you were injured as a result of somebody else’s negligence, you should contact us as soon as you can. We will assess your circumstances and let you know whether you have a viable claim.

Do I need to use my insurer's recommended law firm?

Many insurance companies have preferred solicitors that they work with. You are still able to choose your own. You don’t have to use the law firm your insurer wants you to use.

Coles Miller is highly experienced in managing road traffic accidents claims. We are Law Society Personal Injury Accredited, as well as being APIL Accredited Personal Injury and Brain Injury Specialists.

We have decades of experience in dealing with most complex road accidents and other personal injury claims. You can be confident in our expertise. We can help you to claim the maximum sum for your injuries.

What compensation will I receive for my road accident?

The amount of compensation you receive will depend on the nature of your injuries and the significance of their impact on your life. This could include difficulties you are likely to experience in the future.

The amount of compensation you could claim is based on:

• loss of earnings (current and future)
• medical and travel expenses
• care requirements, for as long as you need them
• modifications to your home or car
• other mobility aids you may need
• your pain and suffering (both physical and mental).

You can also claim for other losses, such as:

• damage to your car or other personal property
• the cost to hire a replacement vehicle
• your insurance policy excess.

Use our claims calculator as a guide to find out how much you could be entitled to.

Will I have to go to court?

When working on your claim, it will be our priority to establish who was responsible for your accident and to get an admission of liability from them. This will mean your case can be settled without court proceedings.

If the person responsible will not admit fault (or the value of your claim cannot be agreed), court proceedings may be necessary. This is very rare.

In the unlikely event that your claim needs to go to court, we’ll support you every step of the way.

Fees – how much will my claim cost?

We can work on your compensation claim on a No-Win, No-Fee basis.

A No-Win, No-Fee agreement (also known as a conditional fee agreement) gives you security and peace of mind when making a personal injury claim.

We offer these agreements so that – in the unlikely event that your claim is unsuccessful – it will cost you nothing.

In the likely event that you win your case, you may have to pay your solicitor a limited success fee, which is capped at 25% of the compensation for general damages and past losses.

Have you been injured in a road accident?

Get expert legal advice from Coles Miller Managing Partner Adrian Cormack, Head of the Personal Injury Department.

Adrian specialises in complex brain trauma cases and other catastrophic injuries that have occurred as a result of road traffic collisions, workplace accidents or medical negligence. He has recovered many millions of pounds worth of damages for his clients.

His many legal victories include a £1 million settlement for a client injured in a serious road traffic accident in 2018. The claimant had suffered a subdural haematoma (a moderate/severe traumatic brain injury), several rib fractures and an oblique fracture through the left hip.

Adrian is a Senior Litigator in the Association of Personal Injury Lawyers (APIL). He also sits on the Personal Injury Panel at Headway (the brain injury association) and was formerly Chairman of Trustees for 15 years at Headway Dorset. He is based at Coles Miller’s Fleetsbridge office.