Road Traffic Accident Claims

The criteria needed to qualify for an RTA claim

To qualify for an RTA claim, certain criteria must be met. Firstly, the accident must not have been your fault. If you were responsible for the accident, you will not be able to make a claim. Secondly, the accident must have caused you some form of injury or damage to your property. It is essential to have medical evidence to support your claim, and you should seek medical attention as soon as possible after the accident.

Thirdly, the accident must have happened within the last three years. This is because there is a time limit within which you can make a claim. If you do not start your claim within this time frame, you may lose your right to compensation.

The legal argument for an RTA claim

The legal argument for an RTA claim is based on the principle of negligence. This means that if someone owes you a duty of care and they fail to meet that duty, they are negligent. In the case of an RTA claim, the driver of the other vehicle owes you a duty of care to drive safely and not cause an accident.

If the driver breached this duty of care and caused the accident, they are legally responsible for any injuries or damage that resulted. Therefore, if you can prove that the other driver was negligent, you have a strong legal argument for your RTA claim.

The evidence needed to support the claim

To support your RTA claim, you will need evidence to prove that the other driver was negligent and caused the accident. This can include eyewitness accounts, photographs of the accident scene and damage to your vehicle, as well as medical reports detailing your injuries. It is also essential to gather any other documentation that may support your claim, such as receipts for expenses related to the accident, like medical bills and loss of earnings.

If you’re still unsure what evidence you need, get in touch with Claims Bible and our expert team will be able to assist you.

How much could you get?

The amount of compensation you can receive for an RTA claim will depend on various factors, such as the severity of your injuries and the impact they have had on your life. Compensation can cover various expenses, such as loss of earnings and vehicle repair costs.

The MIB uses a set of guidelines to calculate the compensation amount for RTA claims. The guidelines are based on the Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases, which provides a range of compensation amounts for various types of injuries, from minor whiplash to severe brain damage. The MIB also takes into account any special circumstances, such as the need for ongoing medical treatment, that may affect the victim’s quality of life and financial situation.

Minor injuries, such as whiplash, can receive up to £3,725, while more severe injuries, like a neck injury that requires surgery, could receive up to £139,210. A victim with a severe head injury that causes permanent brain damage and requires round-the-clock care may receive compensation of up to £307,000 or more. The compensation amount is not fixed and can vary depending on the individual case.

The claim process

Claims Bible can help you navigate a claims process. A brief outline of an RTA claim process involves:

Step 1: Gathering evidence

The first step is to gather evidence of the accident. This evidence may include photographs, witness statements, and police reports. All of this information can help to establish the facts of the accident and liability.

Step 2: Obtaining medical treatment

If you have sustained injuries in the accident, it is essential to seek medical attention promptly. You will need to obtain medical records and a report of your injuries, which can be used as evidence in your claim.

Common questions

What is an RTA claim?

An RTA (Road Traffic Accident) claim is a legal process in which a person seeks compensation for injuries or damages sustained in a road traffic accident. This claim can be made by drivers, passengers, pedestrians and cyclists.