This blog aims to help you understand the type of damages you can seek compensation for if you have been involved in a road traffic accident.
Here are some common types of heads of losses you may consider pursuing for:
Personal Injury: This covers physical and psychological harm caused by the accident.
Financial Losses: These include expenses like medical bills, lost wages due to inability to work, and costs associated with repairing or replacing damaged property.
Understanding what you can claim for can help you deal with the aftermath of a road traffic accident more confidently.
Personal Injury:
When it comes to personal injury claims, the compensation you receive depends on the severity and type of injury you sustained. To determine the value of your claim, we obtain medical evidence from an independent expert in the relevant field of expertise to determine the level of injury sustained and when recovery is likely to take place by. Remember, this head of claim cover both physical and psychological injuries.
Financial Losses:
Compensation for vehicle damage:
If your vehicle was damaged or written off in the accident, you are entitled to claim the repair costs or the pre-accident value of your vehicle. To support this claim, you will need documentary evidence such as an engineer’s report or a repair estimate/repair bill from a garage.
Cost of a hire vehicle:
If your vehicle is no longer drivable due to the accident, you can seek compensation for the cost of renting a replacement vehicle. You have two options: either pay for the rental upfront and claim the money back or opt for a credit hire arrangement where you don’t pay upfront charges but instead enter into a credit agreement with the car rental company.
Loss of use of vehicle:
If you decide not to rent a replacement vehicle while waiting for repairs or payment for your damaged vehicle, you can claim a daily rate for “loss of use of your vehicle”.
Vehicle Recovery:
If your vehicle cannot be driven after the accident, you may need to arrange for it to be towed to a storage facility from the accident scene or to your home. The towing company will charge a fee for this service, which you can claim as part of your compensation.
Vehicle storage expenses:
If you need to store your vehicle in a safe location, you can claim the expenses incurred for this. Typically, the storage company will charge you a daily fee, which can be included as a part of your compensation claim.
Reimbursement for travel costs:
Following your road traffic accident, you can claim back any travel expenses you have incurred, as a direct result of the accident such as visits to the hospital or to your GP. Please keep receipts for such expenses incurred.
Damage to personal clothing/items:
If your personal items such as mobile phones, child car seats, sunglasses, or other possessions were damaged in the accident, you can claim compensation for them. Insurers may ask for evidence of the damage and receipts for the items.
Covering medical expenses for your injuries:
You are entitled to claim compensation for both current and future medical costs resulting from your injuries. This includes expenses like buying over-the-counter painkillers, undergoing rehabilitation like physiotherapy, and even the costs associated with surgeries if so required.
Compensation for lost income:
If your road traffic accident prevented you from working or resulted in reduced hours, you can claim for the income you lost, which is calculated after tax and national insurance deductions. To support your claim, you will need to provide your wage slips for the 13 weeks before the accident and for the period you were unable to work. If you are self-employed, you will need to provide your accounts and tax returns to enable the amount to be calculated.
You can claim for both the income you have already lost and for any future income you are expected to lose.
Care and Assistance:
After an accident, you may require care and assistance; you can claim compensation for both paid and unpaid assistance you receive. If your injuries limit your ability to do household chores or take care of yourself, and you rely on friends or family for support with tasks like cooking, cleaning, or personal care, they can provide statements confirming their assistance. You can also claim for any paid help you have received, such as hiring a gardener or cleaner.
You are eligible to claim for both the help you have already received and any future assistance you may need.
Loss of holiday:
If you had to cancel a planned holiday due to your road traffic accident, you can claim back the cost of the trip. Even if you managed to go on the holiday but could not fully enjoy it because of your injuries, you may still be able to claim for the loss of enjoyment.
Remember, this is not an exhaustive list, and some losses might be unique to your situation. If you are unsure about what you can claim for, we are here to provide guidance.
It is important to note that just experiencing an injury does not automatically mean you have a claim. You need to demonstrate that your injury resulted from the accident and that any financial losses were reasonably incurred.
As a Claimant, it is your responsibility to minimise your losses, so keep hold of any receipts for expenses you want to claim.
Get more information about Road Traffic Accidents:
If you have been involved in an accident and need advice on any aspect of your claim, do not hesitate to reach out to one of our personal injury solicitors.
We are here to address any questions you may have
Contact us for a Free Consultation and further details.