Association of Personal Injury Lawyers
A not-for-profit organisation representing injured people

Motorcycle compensation lawyers - London

Motorcycle compensation lawyers - London

Any accident which takes place on a public highway or other public place can be termed a road accident. Obviously there is usually a vehicle of some sort involved, either colliding with another vehicle, or with a cycle, motorbike or pedestrian for example.

From 31st May 2021 in England and Wales, new rules will come into force which will affect how some road accident claims are dealt with. The rules will affect you if you have a:

  1. Whiplash claim
  2. Claim where the value of the injuries is no more than £5,000
  3. All other Road Traffic Accident (RTA) related claims

Please scroll down for further information and guidance.

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Personal injury legal practice
Personal injury - Senior Litigator
Jodee qualified in September 2015 and is a solicitor in the Serious Injury Team at Irwin Mitchell. Prior to joining Irwin Mitchell, Jodee completed her training contract at Anthony Gold Solicitors, assisting on high value personal injury and... Read more
Distance: 1 mile
Personal injury legal practice
Personal injury - Senior Litigator
I represent adults who have suffered a brain injury due to medical negligence or accidents, such as road traffic accidents. I have over 10 years' legal experience in acting for those who have been harmed. I have particular expertise in... Read more
Distance: 2 miles
Personal injury legal practice
Personal injury - Senior Counsel
Barrister, Arbitrator, Mediator, Queens Counsel Chambers : 9 Gough Square, London Legal Practice: Very experiened in Personal injury, clinical negligence & Terrorist Attack Inquests. Special interest in hypoxia at birth, failure to diagnose,... Read more
Distance: 1 mile
Personal injury legal practice
Personal injury - Senior Litigator
Anne qualified as a solicitor in 1999 and has been with the firm since 2012. She is a partner in the Personal Injury team. She has been a member of The Law Society’s Personal Injury Panel since 2007. She is a recommended lawyer in Legal 500 2019... Read more
Distance: 1 mile
Personal injury legal practice
Personal injury - Senior Litigator
Home > Specialists > Cheryl Abrahams Cheryl Abrahams Part of the Brain Injury Team Connect with Cheryl on I am a personal injury solicitor, and a partner in the Child Brain Injury Team at Bolt Burdon Kemp. I have been with the firm... Read more
Distance: 2 miles
Ms Henrietta Phillips of THOMPSONS SOLICITORS LLP in London
Personal injury - Senior Litigator
Distance: 1 mile
Mr Paul Gilbert of DOWSE & CO in London
Personal injury - Senior Litigator
Distance: 4 miles
Personal injury legal practice
Personal injury - Senior Litigator
My name is Josh Hughes and I am a Partner and Head of the Complex Injuries at specialist personal injury solicitors, Bolt Burdon Kemp. Please see my profile here: https://www.boltburdonkemp.co.uk/team/joshua/ Since my qualification... Read more
Distance: 2 miles
Personal injury legal practice
Personal injury - Senior Litigator
I specialise in cases where adults have suffered brain injuries due to negligent medical treatment and accidents.  I have a particular interest in representing patients who have suffered surgical errors and delays in diagnosis of disorders... Read more
Distance: 2 miles
Personal injury legal practice
Personal injury - Senior Litigator
Julie’s expertise is handling claims for catastrophic injury, such as brain damage, caused by clinical negligence or accidents at work or on the road. Working both in the courts and through mediation to win settlements at every financial level but... Read more
Distance: 2 miles
Personal injury legal practice
Personal injury - Senior Litigator
I specialise in serious injury/catastrophic claims and act for clients who have suffered life changing injuries. I am an accreditated Senior Litigator with the Association of Personal Injury Lawyers. I am an Associate at Osbornes Law in the... Read more
Distance: 2 miles
Personal injury legal practice
Personal injury - Senior Litigator
Laura is a catastrophic injury solicitor specialising in high value complex personal injury claims, particularly spinal cord injuries, loss of limbs, brain injuries, serious burns, severe psychiatric harm and fatalities. Laura runs her own... Read more
Distance: 2 miles
Brain injury lawyer
Personal injury legal practice
Personal injury - Senior Litigator
Laura qualified as a solicitor in November 2008, having completed her training contract at a firm in West London. She joined Irwin Mitchell on qualification and worked there as a solicitor until joining Leigh Day... Read more
Distance: 1 mile
Occupational disease lawyer
Asbestos disease lawyer
Personal injury legal practice
Personal injury - Fellow
Andrew Morgan is a partner at Fieldfisher in their asbestos claims and personal injury departments. With more than 25 years' experience, Andrew’s claims cover many areas, including: Mesothelioma claims Catastrophic work accident injury... Read more
Distance: 2 miles
Personal injury legal practice
Personal injury - Senior Litigator
Louise is a recommended key lawyer in Legal 500.  She is an outstanding solicitor and her diligent and dedicated methods of work has led to a strong track record of successful settlements and delighted clients. Louise has over 20 years’... Read more
Distance: 1 mile
Brain injury lawyer
Personal injury legal practice
Personal injury - Senior Litigator
I am an Associate solicitor in the Serious Injury team, based in Irwin Mitchell's London office. I am also accredited as a Brain Injury Specialist and Senior Litigator with the Association of Personal Injury Lawyers (APIL). Since qualifying as a... Read more
Distance: 1 mile
Personal injury legal practice
Personal injury - Senior Litigator
With over 20 years of working in the Personal Injury field handling complex cases involving serious injuries arising from medical accidents, road traffic accidents, work place accidents, accidents in public places and sexual abuse claims I have developed... Read more
Distance: 1 mile
Mr Kam Singh of THOMPSONS SOLICITORS LLP in London
Personal injury - Senior Litigator
I am a senior serious injury solicitor based in the central London office of Thompsons Solicitors. I act for clients across the whole of London and the South East and as well as East Anglia where I reside. I have been dealing... Read more
Distance: 1 mile
Mr Ian Latimer of TAYLOR ROSE MW in London
Personal injury - Senior Litigator
I act for clients who have been seriously injured as a result of road collisions, workplace accidents and occupational diseases such as upper limb disorder and work-place stress. I have acted for a client in a minimally conscious state and... Read more
Distance: 2 miles
Personal injury legal practice
Personal injury - Senior Litigator
Over the past 17 years of my career at Stewarts, I have recovered in excess of £180m for catastrophically injred clients.  These have included spinal cord and brain injury cases, high earning City workers and claims with an international... Read more
Distance: 1 mile
Personal injury legal practice
Personal injury - Senior Litigator
Distance: 1 mile
Ms Sally Moore of LEIGH DAY in London
Brain injury lawyer
Personal injury legal practice
Personal injury - Fellow
I am lead partner in the accident and personal injury claims team at Leigh Day and specialise in high value cases for clients who have suffered life changing personal injuries. I also have a wealth of experience acting for bereaved families. Some of... Read more
Distance: 1 mile
Mrs Caroline Kempster of TAYLOR ROSE MW in London
Personal injury - Senior Litigator
I am a Senior Legal Executive with over 30 years experience in Personal injury and Clinical injury claims I represent clients from all walks of life some of whom have suffered life changing injuries. My experience spans injuries arising from clinical... Read more
Distance: 2 miles
Personal injury legal practice
Personal injury - Senior Litigator
I am a Senior Solicitor in the Complex Injuries team at Bolt Burdon Kemp having joined the firm in 2019. I qualified as a Barrister in 2012 before cross-qualifying as a Solicitor in April 2017. I have specialised in helping people who have... Read more
Distance: 2 miles
Brain injury lawyer
Personal injury legal practice
Personal injury - Senior Litigator
I am a Senior Associate Solicitor at Irwin Mitchell specialising at high value complex personal injury litigation. I represent people who have suffered brain and spinal cord injury, amputation or complex orthopaedic injuries. I also represent the... Read more
Distance: 1 mile
Personal injury legal practice
Personal injury - Senior Litigator
Sam is a Partner in Osbornes' Catastrophic Injury Department, who specialises in complex and high value claims, including brain and spinal injuries, fatalities, loss of limbs and severe psychiatric harm. Sam qualified as a Solicitor in 2011,... Read more
Distance: 2 miles
Personal injury legal practice
Personal injury - Senior Litigator
I am an Associate in the Complex Injury department at serious injury firm, Bolt Burdon Kemp. Since qualifying in September 2013, I have specialised in accident claims, particularly those involving road crashes and accidents at work. I... Read more
Distance: 2 miles
Miss Emma Dryden of MOORE BARLOW LLP in London
Personal injury - Senior Litigator
Distance: 2 miles
Brain injury lawyer
Personal injury legal practice
Personal injury - Senior Litigator
I am a Partner in the Serious Injury department in Irwin Mitchell's London office.  My team and I fight for clients who have sustained life-changing injuries as a result of a road traffic collision, an accident at work. I am... Read more
Distance: 1 mile
Brain injury lawyer
Personal injury legal practice
Personal injury - Fellow
Tracey Storey is a partner in the personal injury department of Irwin Mitchell’s London office. She heads up the Serious Injury National Team at Irwin Mitchell. Tracey undertakes personal injury cases including head and spinal... Read more
Distance: 1 mile
Brain injury lawyer
Personal injury legal practice
Personal injury - Senior Litigator
I am a Partner in the Serious Injury team at Irwin Mitchell, based in the London office. I joined Irwin Mitchell in 2006 and specialise in complex cases involving life changing injuries. I have a particular specialism in traumatic brain injury. I am... Read more
Distance: 1 mile
Mr David Thomas of SIMPSON MILLAR in London
Personal injury - Senior Litigator
Expertise: Medical negligence and high value personal injury claims. Career: David is a Fellow of the Chartered Institute of Legal Executives and a Partner based in Simpson Millar's London office. He heads his own team representing... Read more
Distance: 1 mile
Mr Edward Lewis of MORRISONS SOLICITORS LLP in London
Personal injury - Senior Litigator
I specialise in Claimant multi-track Personal Injury and Clinical Negligence claims.  I have many years of experience dealing with all areas of personal injury and have worked for clients with brain and spinal injuries.  I also... Read more
Distance: 7 miles
Mrs Lorraine Finney of SCOTT-MONCRIEFF & ASSOCIATES LTD in London
Personal injury - Senior Litigator
Since qualifying as a solicitor in 1992, I have devoted my career to helping the innocent victims of accidents whether at work, on the roads or when out and about. I am passionate about securing the best outcomes for my clients whilst offering them the... Read more
Distance: 1 mile
Mr Matthew Tuff of MOORE BARLOW LLP in Richmond-upon-Thames
Personal injury - Senior Litigator
I qualified as a solicitor in 1999 and have worked in the area of catastrophic personal injury ever since. The areas that I deal with include: Catastrophic personal injury Brain injury Complex musculo-skeletal and spinal cord... Read more
Distance: 8 miles
Personal injury legal practice
Personal injury - Fellow
Kevin specialises in pursuing personal injury and clinical negligence claims. With more than 30 years of experience, Kevin was ranked in Band 1 of Chambers (2010) and described as an "all round personal injury and clinical negligence... Read more
Distance: 2 miles
Mrs Vashti Prescott of KIDD RAPINET in London
Personal injury - Senior Litigator
Name:  Vashti Prescott Job Title:  Solicitor - Personal Injury and Litigation Office: Kidd Rapinet - London Direct Dial: 0207 265 5486 Current:  Joined Kidd Rapinet in March 2020. Handling case load of mixed personal injury and... Read more
Distance: 5 miles
Brain injury lawyer
Personal injury legal practice
Personal injury - Senior Litigator
Bethany qualified as a solicitor in July 2008, having completed her training in a niche London firm. She joined Leigh Day in November 2013 after having worked at Irwin Mitchell since qualification.  Bethany became a Partner at Leigh Day in April... Read more
Distance: 1 mile
Personal injury legal practice
Personal injury - Senior Litigator
Distance: 7 miles
Personal injury legal practice
Personal injury - Senior Litigator
I practice in all aspects of personal injury, particularly complex liability and high value claims. I am experienced in obtaining compensation in various matters, including severe brain injuries, spinal injuries, fatal claims and accidents resulting in... Read more
Distance: 1 mile
Ms Katherine Angel of DOWSE & CO in London
Personal injury - Senior Litigator
Distance: 4 miles
Spinal cord injury lawyer
Accidents abroad lawyer
Fatal accidents lawyer
Personal injury legal practice
Personal injury - Fellow
Julian is a Partner, Head of Aviation and International Injury and Head of KM & Compliance at Stewarts. Julian joined Stewarts in 2000 and was appointed a partner in 2002. He founded the International Injury department in 2007 and built it... Read more
Distance: 1 mile
Mr Scott Rigby of STEWARTS in London
Brain injury lawyer
Spinal cord injury lawyer
Accidents abroad lawyer
Personal injury legal practice
Personal injury - Senior Litigator
Scott specialises in acting for clients who have suffered catastrophic injuries abroad. He has secured over £40m in damages for his clients. He represented the claimant in the landmark case of Wall v Mutuelle de Poitiers Assurances [2014] EWCA Civ... Read more
Distance: 1 mile
Accidents abroad lawyer
Personal injury legal practice
Personal injury - Senior Litigator
I am a bilingual and dually qualified lawyer (English/French) specialising in cross-border personal injury litigation. I act mostly for British victims of accidents abroad (France, Spain, Italy, Belgium, Germany etc...) or for foreigners injured in the... Read more
Distance: 4 miles
Clinical negligence lawyer
Personal injury legal practice
Personal injury - Senior Litigator
Suzanne is a Partner and is Head of the Adult Brain Injury department at Bolt Burdon Kemp. She has specific expertise in complex claims involving serious brain injuries in adults and she is passionate about resolving claims swiftly and without... Read more
Distance: 2 miles
Brain injury lawyer
Spinal cord injury lawyer
Personal injury legal practice
Personal injury - Senior Litigator
Distance: 1 mile
Brain injury lawyer
Spinal cord injury lawyer
Personal injury legal practice
Personal injury - Fellow
Warren is an APIL fellow and APIL accredited specialist in Brain Injury and Spinal Cord Injury. He is a partner and catastrophic injuries lawyer at Penningtons Manches Cooper LLP, in London, (accredited by APIL, Spinal Injuries Association and Headway)... Read more
Distance: 2 miles
Fatal accidents lawyer
Personal injury legal practice
Personal injury - Senior Litigator
Rob Aylott is one of the "go to" Solicitors for multi-million pound and high value claims relating to serious lower limb injuries, upper and lower limb amputation injuries, fatal accident claims and brain and spinal cord injury claims. He... Read more
Distance: 2 miles
Brain injury lawyer
Fatal accidents lawyer
Personal injury legal practice
Personal injury - Fellow
Ben Posford is one of the UK’s leading injury lawyers, acting for claimants who have suffered brain damage, fatalities, paralysis, amputations, complex orthopaedic injuries and all types of neuro-trauma, and routinely recovers multi... Read more
Distance: 2 miles
Ms Gwen Kirby-Dent of THOMPSONS SOLICITORS LLP in London
Personal injury - Senior Litigator
Distance: 1 mile
Personal injury legal practice
Personal injury - Senior Litigator
I am a Solicitor in Irwin Mitchell’s Serious Injury Team in London. I have several years' experience in personal injury law having worked within the industry since 2008. I qualified as a Chartered Legal Executive in January 2015 and then... Read more
Distance: 1 mile
Personal injury legal practice
Personal injury - Senior Litigator
David is an Associate Solicitor in Leigh Day’s London office. He qualified in 2011 and  has worked exclusively on personal injury cases throughout his career. A link to his website profile is here... Read more
Distance: 1 mile
Personal injury legal practice
Personal injury - Senior Litigator
Rebecca represents clients following serious international accidents, including UK residents injured overseas and foreign nationals who sustain serious injuries in the UK. Rebecca has extensive experience in running catastrophic injury claims, with a... Read more
Distance: 1 mile
Mr Chris Deacon of STEWARTS in London
Accidents abroad lawyer
Personal injury legal practice
Personal injury - Senior Litigator
I am is a specialist international injury lawyer and act exclusively for the victims of accidents abroad and in disputes with tour operators, hotels, travel providers and insurers. I am proud to be ranked as a leading travel lawyer in both Chambers... Read more
Distance: 1 mile
Personal injury legal practice
Personal injury - Senior Litigator
Sophie Davies is a catastrophic injury litigator with over 20 years' experience.  She specialises in claims for brain injury and polytrauma/complex orthopaedic injuries arising from accidents at work and... Read more
Distance: 2 miles
Personal injury legal practice
Personal injury - Senior Litigator
Karen qualified as a Solicitor in March 2011 at Tollers Solicitors in Northampton.  She commenced employment at Hodge Jones and Allen Solicitors in October 2013.  Karen has over 7 years experience dealing with a broad range of Employers... Read more
Distance: 1 mile
Personal injury legal practice
Personal injury - Senior Litigator
Partner at Irwin Mitchell specialising in brain and spinal injuries (adult and peadiatric) Read more
Distance: 1 mile

Whiplash claims

From 31st May 2021, new rules will come into force which will affect how whiplash claims are dealt with.

The changes mean that if you have suffered a whiplash (or ‘soft tissue injury’) in a Road Traffic Accident (RTA) which happened after 31 May 2021, your claim will be valued using a pre-set tariff.

In practice, this means that you will be unable to claim back your legal costs from the person who caused the accident but you may have the benefit of legal expense insurance (Read our guide - How Much Will It Cost?) which gives you access to legal advice. If not, you may decide to pay for legal advice yourself, APIL can put you in touch with specialist lawyer who can help, or you might decide to run the case yourself. To help you do this, there is a new online Official Injury Claim Portal (“the OIC Portal”) where you can register your claim here https://www.officialinjuryclaim.org.uk/claimants.

The Whiplash Tariff has two levels of compensation: one for whiplash (soft tissue) injuries alone and the second for whiplash and minor psychological effects.

Duration of injury Amount – whiplash
Regulation 2(1)(a)
Amount – whiplash + minor psychological injury
Regulation 2(1)(b)
Not more than 3 months £240 £260
More than 3 months, but not more than 6 months £495 £520
More than 6 months, but not more than 9 months £840 £895
More than 9 months, but not more than 12 months £1,320 £1,390
More than 12 months, but not more than 15 months £2,040 £2,125
More than 15 months, but not more than 18 months £3,005 £3,100
More than 18 months, but not more than 24 months £4,215 £4,345

There is a provision for exceptional circumstances to increase these amounts, but we expect that will be rare and it may take some time for the courts to decide what is meant by ‘exceptional’ circumstances.

It has not yet been determined how claims with a whiplash injury and another injury, say to the leg will be dealt with. You may decide to seek legal advice if you have other injuries in addition to whiplash. APIL can put you in touch with specialist lawyer who can help.

If you live in England or Wales you will need to obtain a fixed-price medical report using Medco – an online database of medical practitioners who will be able to consult with you and prepare a report.

This is an outline of the changes to whiplash and lower value RTA claims and should not be relied upon as legal advice.

The full set of regulations for the Whiplash Tariff and medical expert rules can be found here https://www.legislation.gov.uk/ukdsi/2021/9780348220612/pdfs/ukdsi_9780348220612_en.pdf


RTA where the value of the injuries is no more than £5,000

From 31st May 2021 the changes in England and Wales mean that if you have been involved in a road traffic accident (RTA), and your claim is worth up to £5,000, your claim will be classified as a ‘small claim.’

In practice, this means that you will be unable to claim back your legal costs from the person who caused the accident but you may have the benefit of legal expense insurance (Read our guide - How Much Will It Cost?) which gives you access to legal advice. If not, you may decide to pay for legal advice yourself, APIL can put you in touch with specialist lawyer who can help, or you might decide to run the case yourself. To help you do this, there is a new online Official Injury Claim Portal (“the OIC Portal”) where you can register your claim here - https://www.officialinjuryclaim.org.uk/claimants.

How to work out if your claim should go through the OIC Portal:

  1. Is your claim related to a road traffic accident (RTA)?
  2. Did the RTA happen in England or Wales on or after 31 May 2021?
  3. Were you injured?
  4. Do you think your injuries are worth no more than £5,000?
  5. Is the total value of your claim worth up to £10,000 (including your other losses which you have paid for personally such as car repairs or expenses such as for physio for example)? This does not include car credit hire or anything which your insurer has paid for directly.

If the answer to all these questions is ‘yes’ then your claim is likely to be one that will need to be submitted through the OIC Portal. The website will guide you through a series of questions and answers, and you will be able to add photos, dash-cam footage, copies of receipts and so on to your claim.

The government has said that if you are unsure of the value of your claim, the OIC Portal will provide links to sections from the Judicial College Guidelines which will help you to estimate the value of your claim. Alternatively, you can seek legal advice, but you will have to fund this yourself.

Some people are excluded from this new OIC Portal. They include:

  • "vulnerable road users" which means
    • motorcyclists and pillion/sidecar passengers,
    • cyclists,
    • pedestrians,
    • horse riders
    • those using mobility scooters;
  • if you are an undischarged bankrupt, or
  • if you are claiming for a person who has died, or
  • if the RTA happened outside of the UK, or
  • the other person’s vehicle was registered outside the UK.

If you come within one of these categories then some of these new rules do not apply and you should scroll down to Section 3 - All other RTA related claims

This is an outline of the changes to lower value RTA claims and should not be relied upon as legal advice.

The full set of rules, regulations, forms and medical expert rules can be found here:


There are rules which govern how all other RTA personal injury claims are run which your lawyer must follow in order to set out your claim.


Do I need a lawyer?

Yes you do! Many insurance companies like to contact the people involved in an accident to try to settle the claim directly. They sometimes do this even after you have instructed your own solicitors. This could be your own insurer or the insurer for the driver of the other vehicle involved.

While this is allowed, there are good reasons why you should not deal with the insurer of the driver who caused your injury directly and why you should instruct a lawyer, particularly if you claim is not included in the new Whiplash rules or is a RTA claim where the injury is worth up to £5,000.

  • The lawyer will be able to deal with your claim. Provided that liability is admitted and the claim is worth £25,000 or less, it could be finalised quickly and efficiently through the process.
  • The other drivers’ insurer is likely to make you a lower offer that you are entitled to in the hope that you will settle quickly and the claim can be closed. Our own research shows that claimants receive offers which are at least 42% lower when they are not legally represented. For this reason alone it is in your best interests to instruct a lawyer to represent you.
  • The other drivers’ insurer will pay your costs and expenses if you are legally represented and successful with your claim. Dealing with the insurer directly is time consuming and is not straightforward. If you do not instruct a lawyer and deal with the other drivers’ insurer yourself, you are unlikely to be able to claim back the cost of the time and effort you have to put in to settle the claim.
  • A lawyer will ensure that you are properly medically examined. While it is tempting to take the first amount offered by the insurance company for a broken bone, there is a risk that this might not be your only injury which requires compensation. For example, long term pain, the risk of developing arthritis in the future, or psychological after-effects may also develop: your lawyer will ensure that the medic is alive to these issues.

If the accident was your fault, you should never make admissions to the injured person’s insurance company. You should seek legal advice to protect your financial and legal position.


Funding your claim

Read our guide - How Much Will It Cost?. Your APIL accredited lawyer will explain to you what type of funding is best for your claim.


How much compensation can I claim for a road traffic accident?

The amount of compensation you can claim depends on the type of injury you have suffered, how long it lasts and whether there are any lingering effects. A table of common injuries which people suffer in RTAs are listed below, with the range of compensation which may be payable.

In addition to compensation for your injury, you can also claim what are known as ‘special damages.’ These are usually the expenses you have had to spend as a result of your injury. These can include:

  • loss of earnings;
  • extra travel expenses;
  • car hire;
  • prescription charges;
  • medical costs;
  • the cost of replacing damaged clothing or spectacles, for example.

For more serious injuries, you can also claim for extra aids and equipment to help you get around, adapt your home or car, and for the cost of carers to look after you while you are injured.

Some examples taken from the Judicial College Guidelines for England, Wales and Scotland. For Northern Ireland, damages are set out in the Green Book.

Wrist injuries
Injuries resulting in complete loss of function in the wrist for example, where an arthrodesis has been performed. £37,960 to £52,490
Injury resulting in significant permanent disability, but where some useful movement remains. £19,530 to £34,340
Less severe injuries where these still result in some permanent disability as, for example, a degree of persisting pain and stiffness. £10,040 to £21,480
Where recovery from fracture or soft tissue injury takes longer but is complete, the award will rarely exceed £8,160 (£8,970 with 10% uplift). Rarely exceed £8,160
An uncomplicated Colles' fracture. In the region of £5,920 to £6,510
Very minor undisplaced or minimally displaced fractures and soft tissue injuries requiring application of plaster or bandage for a matter of weeks, a full or virtual recovery within up to 12 months or so. £2,810 to £4,160
Injuries to the Pelvis and Hips
Severe
(i) Extensive fractures of the pelvis involving, for example, dislocation of a low back joint and a ruptured bladder, or a hip injury resulting in spondylolisthesis of a low back joint with intolerable pain and necessitating spinal fusion. Substantial residual disabilities such as a complicated arthrodesis with resulting lack of bladder and bowel control, sexual dysfunction, or hip deformity making the use of a calliper essential; or may present difficulties for natural delivery. (i) £73,580 to £122,860
(ii) Injuries only a little less severe than above but with particular distinguishing features lifting them above any lower bracket. Examples are: (a) fracture dislocation of the pelvis involving both ischial and pubic rami and resulting in impotence; or (b) traumatic myositis ossificans with formation of ectopic bone around the hip. (ii) £58,100 to £73,580
(iii) Many injuries fall within this bracket: a fracture of the acetabulum leading to degenerative changes and leg instability requiring an osteotomy and the likelihood of hip replacement surgery in the future; the fracture of an arthritic femur or hip necessitating hip replacement; or a fracture resulting in a hip replacement which is only partially successful so that there is a clear risk of the need for revision surgery. (iii) £36,770 to £49,270
Moderate
(i) Significant injury to the pelvis or hip but any permanent disability is not major and any future risk not great. (i) £24,950 to £36,770
(ii) These cases may involve hip replacement or other surgery. Where it has been carried out wholly successfully the award will tend to the top of the bracket, but the bracket also includes cases where hip replacement may be necessary in the foreseeable future or where there are more than minimal ongoing symptoms. (ii) £11,820 to £24,950
Lesser Injuries
(i) Cases where despite significant injury there is little or no residual disability. Where there has been a complete recovery within two years, the award may but is unlikely to exceed the midpoint in the range. (i) £3,710 to £11,820

How long do I have to claim after a road traffic accident?

Usually court proceedings must be started before the third year anniversary of the road traffic accident.

This does not mean you should wait nearly three years before seeking legal advice, though. A lot of work needs to be done before court proceedings can be issued and the later you leave it to seek advice, the more difficult it will be to find a lawyer willing to take on your claim.

If the road traffic accident happened abroad, then a different time limit will almost certainly apply which could be anything from one year to ten years, depending on location.

There are also different time limits for children, and individuals who lack legal capacity.

It is vital that you seek legal advice as early as possible to avoid running out of time to make a claim.


Can I claim for treatment and care costs following a road accident?

If you have been injured as a result of someone else’s negligence there are a range of benefits available to you, in addition to much-needed medical treatment and financial redress.

APIL lawyers are the gateway to finding the care, financial help and benefits which will speed your recovery. They can help you to obtain the following from the negligent party or their insurers:

  • Upfront payments, e.g. taxis to hospitals
  • Domestic care
  • Equipment and adaptations to make your life easier, while you recover e.g. wheelchair, ramps at home
  • Early private medical treatment e.g. physiotherapy
  • Arranging flexible return to work
  • Retraining, if needed, which will give you access to future employment

Can I claim if a road accident made my existing symptoms worse?

It is possible to claim compensation for accidents which have exacerbated a pre-existing condition.

Provided that liability is admitted for the accident, it is possible to factor in the effect of exacerbated pre-existing conditions, provided that you can prove that the accident did adversely affect them. The key is to ensure that you make your lawyer aware of the pre-existing condition so that your medical evidence can take it into account.

The general rule is that the person causing the injury must ‘take the claimant as he or she finds them.’ So for example, if you have a prolapsed disc in your spine and the road traffic accident causes it to degenerate, then this could be taken this into account when calculating your compensation.


Can I make a road accident claim if it was my fault?

Was it really your fault? Make sure you tell your insurance company and/or solicitor exactly what happened.

If it was your fault, then you cannot make a claim for personal injury, but you may still need legal advice, particularly if the other people involved in the accident make a claim on your insurance if they have been injured.

You should:

  • Tell your insurance company exactly what happened, and keep a note of what you have told the company;
  • Take photographs of the damage to your vehicle, as well as the other vehicles involved in the accident;
  • Pass on details of any witnesses
  • Seek legal advice, particularly if insurers contact you direct – make no admissions to them until you have been given legal advice.

What to do if you have been contacted by an insurance company

Many insurance companies like to contact the people involved in an accident to try to settle the claim directly. They sometimes do this even after you have instructed your own solicitors. This could be your own insurer or the insurer for the driver of the other vehicle involved.

While this is allowed, there are good reasons why you should not deal with the insurer directly:

Road accident claims chart
  • The insurer will be looking to save money and is likely to make you a low offer in the hope that you will settle quickly and the claim can be closed. Our own research shows that claimants receive offers which are at least 42% lower when they are not legally represented.
  • The insurer will only pay your costs and expenses if you are legally represented. Dealing with the insurer directly is time consuming and by no means straightforward. Dealing directly will mean that you are unlikely to be able to claim back the time and effort you have to put in to settle the claim yourself.
  • A legal representative will ensure that you are properly medically examined. While it is tempting to take a low amount from the insurer for a broken bone in the early days after an accident, there is a risk that this might not be your only injury which requires compensation. For example, long term pain, the risk of developing arthritis in the future or psychological after effects may also develop: your lawyer will ensure that the medic is alive to these issues.
  • If the accident was your fault, you should never make admissions to the injured person’s insurance company direct: seek legal advice to protect your financial and legal liability position.

Will my road accident injury claim to go court?

Very few personal injury claims actually go to a full court hearing or ‘trial’. The majority of cases are settled out of court.

Court proceedings might have to be started, for example where the third year anniversary of the accident date is approaching, or the person who caused the accident does not admit liability or disputes the value of the claim.

Proceedings are started by lodging a claim form with the court. Even after this has been done, most claims will not go to a full trial although there might be some court applications which need to be made, to obtain vital documents, evidence, or to set a costs budget for example.

The claim will go to trial in court if both sides cannot agree either who was responsible for the accident, the extent of the injuries caused or the valuation of the compensation.

You may have to give evidence, possibly along with one or more of your experts. Your lawyer will explain the court procedures should a trial look likely.


Pedestrian claims

If you were a pedestrian who was involved in an accident which involved a motor vehicle of some sort then your claim can also be dealt with through the electronic portal (see low value accident claims above) unless your injuries are sufficiently severe to mean that you are likely to receive more than £25,000 in compensation. Severe cases would include those where you have suffered multiple serious injuries where you are likely to need ongoing care or suffer a loss of earnings in the future as a result of them.


Passenger claims

Passengers who are travelling in a vehicle involved in a road traffic accident can claim compensation from the at-fault driver. Even if it was the driver of the car in which they were travelling who caused the accident, the passengers can still claim. This applies unless the passenger contributed to the accident, of course, for example by distracting the driver or interfering with the controls in some way.


Cycling claims

If you were a cyclist who was involved in an accident which involved a motor vehicle of some sort then you should speak to a lawyer about whether you can make a claim.


Road rage incidents

Individuals who suffer injuries as a result of ‘road rage’ incidents can also claim compensation from the Criminal Injuries Compensation Authority (CICA). The proviso is that the vehicle must have been used intentionally to cause the injury. For example, this could include deliberately clipping a cyclist, driving onto the pavement to target pedestrians or deliberately ramming into another car. Lawyers will tend to advise that you make a CICA claim alongside a personal injury claim against the vehicle’s insurance company. The CICA would usually ask for its damages to be repaid from the personal injury compensation in the event that the claim against the insurer eventually succeeds.


Uninsured driver claims

If you are injured in a road accident and find out that the at-fault driver was uninsured, your lawyer can claim compensation for your injuries from the Motor Insurers’ Bureau (MIB).

The MIB has its own rules about how the claim must be run and it is vital that you seek legal advice to avoid falling foul of its strict timetables and provisions.

The MIB runs an insurance company-backed scheme which was set up in agreement with the Government back in 1945 to ensure that those injured by an uninsured driver can be compensated for their injuries.

The MIB will cover claims against all classes of vehicle which must carry compulsory road insurance.

There are some organisations which do not need to have RTA insurance and which are not covered by the MIB’s scheme. These include vehicles owned by:

  • The Crown
  • NHS Trusts
  • Ambulances owned by a National Health Service trust
  • Education Authorities
  • Primary Care Trusts
  • Police
  • Local Councils
  • The Army
  • Fire Services
  • City of London
  • Inner London Education Authority

to name but a few. The full list can be found in section 144 of the Road Traffic Act 1988 here: https://www.legislation.gov.uk/ukpga/1988/52/section/144.

In these circumstances, the vehicle’s owner will pay out compensation for the claim, rather than an insurance company.


Why use an APIL road accident lawyer?

The Association of Personal Injury Lawyers has over 3,500 members and is an independent, not-for-profit organisation fighting for the rights of injured people. APIL provides accreditation for lawyers who specialise in personal injury law and this accreditation shows that these lawyers have achieved high standards of expertise and competence. Our accredited lawyers are committed to attending legal personal injury training to keep their specialist personal injury skills up-to-date.

Only accredited injury lawyers specialising in road accidents are listed on this page.