A road traffic accident claim is a claim for compensation brought by a person injured in a collision involving a vehicle, against the driver or drivers whose negligence caused the crash. Emaari Legal pursues serious road traffic accident claims for claimants across England and Wales, funded on a no win, no fee basis, with a free consultation to assess the claim.
A serious road traffic collision can leave a family dealing with hospital admission, long-term rehabilitation and sudden loss of income, often within hours of the crash. Where a claimant is hospitalised or unable to travel, Emaari Legal can send a solicitor to visit them at home or in hospital within 24 hours of being asked.
What is a road traffic accident claim?
A road traffic accident claim arises in negligence when a driver breaches their duty of care to other road users and causes injury as a result. In England and Wales this is a civil claim, pursued through correspondence with the defendant’s insurer or, if necessary, through the County Court or High Court.
Emaari Legal’s road traffic accident claims focus on serious and catastrophic injury: brain and head injury, spinal cord injury and paralysis, amputation, serious burns, complex or multiple fractures, chronic pain conditions such as CRPS, and psychological injury including PTSD. Whiplash and other minor, soft-tissue injuries are dealt with under the separate small claims (OIC) process and are not a claim Emaari Legal makes.
What licensing and legal requirements apply to RTA solicitors?
RTA solicitors handling road traffic accident claims must be authorised and regulated by a recognised regulator, and this regulation is what allows a firm to hold client money, run litigation and enter a Conditional Fee Agreement. Emaari Legal Ltd is authorised and regulated by the Solicitors Regulation Authority, SRA number 8007172, and is registered in England and Wales under company number 15340384.
Beyond baseline regulation, Emaari Legal holds the Law Society Personal Injury Accreditation, a formal specialist credential that a firm may only display if it meets the Law Society’s criteria for personal injury expertise. The firm is also a member of the Motor Accident Solicitors Society (MASS), an organisation for solicitors working specifically on motor accident claims. Together these confirm Emaari Legal’s specialism in serious personal injury and motor claims, rather than general litigation.
How does a road traffic accident claim work?
A road traffic accident claim proceeds through a defined sequence, from initial assessment to settlement or trial. The exact route depends on whether the defendant’s insurer admits liability early.
- Free consultation – Emaari Legal assesses whether the claim has reasonable prospects and explains funding on a no win, no fee basis.
- Evidence gathering – police reports, witness statements, dashcam or CCTV footage, and vehicle damage evidence are collected to establish fault.
- Notification to the defendant’s insurer – the claim is formally notified, and the insurer investigates and responds on liability.
- Medical evidence and rehabilitation – independent medical evidence documents the injury and its likely long-term effects; rehabilitation needs are identified early.
- Valuation and negotiation – general and special damages are calculated and put to the insurer to negotiate a settlement.
- Court proceedings, if required – where liability or value cannot be agreed, proceedings are issued in the County Court or High Court.
Where the claimant is seriously injured or in hospital, Emaari Legal’s 24-hour home or hospital visit means this process can begin without the claimant needing to travel or manage paperwork alone.
How much compensation can I claim for a serious road traffic accident?
Compensation in a road traffic accident claim is assessed under two heads of damage: general damages and special damages. There is no fixed figure, and cases of this kind vary widely depending on the severity of the injury and its long-term impact on the claimant’s life.
| Head of damage | What it covers |
|---|---|
| General damages | Pain, suffering and loss of amenity, assessed by reference to the Judicial College Guidelines |
| Special damages | Financial losses: loss of earnings, cost of care, rehabilitation, medical treatment, and home or vehicle adaptations |
A more severe or permanent injury, such as spinal cord damage or limb loss, typically involves higher special damages because ongoing care and adaptation needs are greater. Emaari Legal’s free consultation is the starting point for understanding what a specific claim may involve.
What is the time limit for a road traffic accident claim?
A road traffic accident claim is generally subject to a three-year time limit under the Limitation Act 1980, running from the date of the accident or the date the claimant became aware of the injury. Missing this deadline can prevent a claim being pursued at all, so early advice matters.
| Circumstance | Time limit |
|---|---|
| Adult claimant, standard road traffic accident | 3 years from the date of the accident or date of knowledge |
| Child claimant | 3 years from the child’s 18th birthday |
| Claimant lacking mental capacity | Time limit does not start to run while capacity is lacking |
| Fatal accident claim | 3 years from the date of death or the date of knowledge |
| Criminal injury (CICA) claim | 2 years from the date of the incident |
Can I claim if I lack mental capacity, or on behalf of a child?
A road traffic accident claim can still be pursued where the injured person is a child or lacks mental capacity to conduct their own litigation. In these cases, a litigation friend, such as a parent or family member, brings and manages the claim on the claimant’s behalf, and any settlement typically requires court approval to protect their interests.
What if the driver who caused my accident was uninsured or cannot be traced?
A road traffic accident claim is not automatically ruled out because the at-fault driver was uninsured or has left the scene. Serious injury claims against uninsured or untraced drivers fall within Emaari Legal’s scope, and the free consultation will identify the correct route for recovering compensation in these circumstances.
Do I need my own insurance to make a claim?
A road traffic accident claim does not require the claimant to hold motor insurance themselves. The claim is directed at the driver responsible for the collision, or their insurer, and funding for the claimant’s legal costs is arranged separately through a no win, no fee Conditional Fee Agreement.
What types of road traffic accident claims does Emaari Legal handle?
Emaari Legal handles serious injury claims arising from most types of road traffic collision, always focused on serious and catastrophic injury rather than minor claims.
| Type of road user | Claim handled by Emaari Legal |
|---|---|
| Car occupants | Serious injury car accident claims |
| Motorcyclists | Motorcycle accident claims |
| Cyclists | Cycling accident claims |
| Pedestrians | Serious injury pedestrian claims |
| Victims of uninsured or untraced drivers | Serious injury claims against uninsured or untraced drivers |
| Bereaved families | Fatal road traffic accident claims |
Motorcyclists and cyclists face particular risks because they have far less protection than car occupants in a collision, which is why Emaari Legal treats these as distinct claim types with their own dedicated guidance.
Which areas does Emaari Legal cover?
Emaari Legal acts for claimants across the whole of England and Wales, from offices in London (Suite 331, 98 Theobalds Road) and Manchester (2nd Floor, Lowry Mill, Lees Street, Swinton). A road traffic accident claim can be started from anywhere in England and Wales, with the 24-hour home or hospital visit available where the claimant cannot travel to either office.
Frequently Asked Questions
How long do I have to make a road traffic accident claim?
Generally three years from the date of the accident, or from the date the claimant became aware of the injury, under the Limitation Act 1980. Different rules apply for children, people lacking mental capacity, fatal claims and CICA criminal injury claims.
What counts as a road traffic accident for compensation purposes?
A road traffic accident is a collision or incident on a road or public highway involving one or more vehicles that causes injury, including crashes involving cars, motorcycles, bicycles, pedestrians, and uninsured or untraced drivers. Emaari Legal’s road traffic accident claims cover the serious and catastrophic injuries that can result, not minor whiplash claims.
How much compensation could I receive for a serious road traffic accident?
Compensation depends on the severity of the injury and its financial impact, and is made up of general damages for pain and suffering plus special damages for losses such as lost earnings, care and rehabilitation. There is no standard figure, and a free consultation is needed to assess an individual claim.
Can I claim if the driver who caused my accident was uninsured?
Yes, a road traffic accident claim can still be pursued where the at-fault driver was uninsured or cannot be traced, as this falls within the serious injury claims Emaari Legal handles. A free consultation will identify the appropriate route to compensation in these circumstances.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Book a free consultation to discuss your road traffic accident claim.
“No win, no fee” means we act under a conditional fee agreement: if your claim does not succeed you do not pay our fees, subject to the agreement’s terms. If your claim succeeds, a success fee is deducted from your compensation, capped by law at 25% of the damages awarded for your pain, suffering and past losses, and you may be liable for certain costs in some circumstances. We explain the full terms, including any insurance you may need, before you sign anything.
About this page. This page provides general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice; the right course of action always depends on the specific facts of your situation, and the law may have changed since this page was last reviewed. Strict time limits apply to personal injury claims, usually three years from the date of the accident or the date you first knew your injury was linked to it, with important exceptions (for example for children and for people who lack mental capacity). If you think you may have a claim, take advice as early as possible. For advice about your own circumstances, contact Emaari Legal on 0330 441 6754. Emaari Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 8007172).