Traffic Accident Compensation: The Types of Compensation You Can Claim In A Road Accident
Traffic accident compensation claims: Find out all about the different types of compensation you are entitled to claim, including insider tips on how road accident solicitors calculate how much compensation your personal injuries are worth.
What are you entitled to claim as part of your traffic accident compensation in the United Kingdom?
There are five main types of loss and expense that you are entitled to claim as part of your UK traffic accident compensation, which include:
1. Special damages
These are past financial expenses that you have already incurred as a result of your road accident and include: lost income up to the date your claim concludes known as “past lost income”, the cost of repair to your damaged vehicle, medical expenses, the cost of a hire vehicle and travel expenses.
See our car accident compensation article for a full list of the types of expenses that you can claim as part of your traffic accident compensation claim
2. General damages
This is money to compensate you for your pain and suffering and uncertain losses as a result of personal injury – such losses do not have a fixed value and are calculated by your injury solicitor, including:
a) Compensation for pain and suffering due to trauma
See our detailed article setting out injury amount calculations for all types of injury.
b) Compensation for financial losses into the future
If you are still suffering from your injuries when your claim concludes it is likely that financial losses into the future will also continue. For example, income losses which continue after your claim has concluded are known as “future lost income”. The amount will depend on an estimate by a consultant in a medical report as to how long you will continue to be absent from work.
c) Traffic accident compensation for uncertain losses
Uncertain losses include a reduction in life expectancy. Sometimes injuries can be so severe that trauma to your body can reduce how long you can expect to live. The prediction into the future is very uncertain.
3. Include your motor insurance company outlay as part of your UK road accident compensation
It is typical that a comprehensive motor vehicle insurer may have met some expenses
associated with your RTA before your claim for compensation from the driver at fault was made, such as the cost of repairing your vehicle. This expense is known as your “insurance company outlay”.
It is important that you include all of your insurance company’s expense as part of your claim. This will ensure that your insurance policy excess is refunded to you and your no claims bonus is reinstated.
A specialist road accident solicitor will include your “insurance company outlay” automatically as part of your motor accident compensation.
4. Interest on the compensation you claim
You are entitled to claim interest on both general damages and special damages. The rate of interest will vary depending on whether the type of damage is general or special.
You are only entitled to interest once your claim has commenced in court.
Interest on general damages runs from the date you commenced your claim in court and interest on special damages runs from the date that your accident occurred.
5. Legal Fees can be included in addition to your traffic accident compensation
So long as your overall general damages claim is worth in excess of £1,000 you are entitled to claim your the majority of your legal fees as part of your traffic accident compensation claim.
As a rule in UK law – the loser pays the winner’s costs, which is true even if your claim was concluded before commencement in court.
For you to be entitled to receive your legal costs prior to commencement in court of your claim – your accident lawyer must accept the traffic accident compensation on your behalf “subject to the payment of legal costs”.
How does your solicitor calculate how much to claim for pain and suffering for your personal injury?
Your solicitor can value pain and suffering for your personal injury by looking at the sums awarded for a similar injury by the UK courts in the past.
If a past claim with a similar injury was decided some years ago – your RTA lawyer will increase the figure in line with inflation before using it to calculate the amount of traffic accident compensation your injury is worth.
Be Aware – Since the 1st April 2013 when using a no win no fee the law allowed an increase of 10% to be applied to the general damages aspect of your claim. This was in part because the losing party no longer had to meet all of your solicitor’s legal fees from that date.
Traffic Accident Compensation Summary
In this article we have described the five types of loss and expense you can claim as part of your traffic accident compensation, as well as the means by which your solicitor can calculate the amount of traffic accident compensation you should receive for pain and suffering for various different types of trauma.
Specialist Road Accident Solicitors Free Online & Telephone Help
We offer specialist road accident solicitor legal help if you have suffered injury in a road accident. You can ask an online question or speak direct to our solicitors to discuss your RTA and how to claim traffic accident compensation.