Personal Injury: Road Traffic Accident Compensation Gap

The current climate of road traffic accident claims 

Over the past few years, personal injury compensation for crashes on Britain’s roads has dropped massively. According to the Department for Transport reports, road traffic accident injuries have increased by a substantial 15% between 2020 and 2023. During this period, the amount of people making claims for road traffic injuries fell by a huge 29% from previous years.

The introduction of the Official Injury Claims Portal: Restricting Access to Justice

There are multiple factors as to why compensation for road traffic accident (RTA) victims has dropped, the most prominent being the introduction of the whiplash reforms in 2021. This was the introduction of the Official Injury Claims (OIC) portal for all RTA claims resulting in whiplash injuries that are worth less than £5,000 for injuries and less than £5,000 for financial losses.

Under the OIC, costs are not recoverable by Claimant Lawyers from the Defendant Insurers, and it is no longer financially viable for many law firms to run claims of this value. The complexity of the process and lack of knowledge about the legal system also makes it daunting for potential claimants to run a claim themselves under the OIC unrepresented.

Another factor is the Covid-19 pandemic, where there was a general decrease of personal injury claims across the board. The dip in RTA claims was naturally, in part, due to less people travelling by vehicle (or travelling at all) due to various travel restrictions. However, as we have moved away from this period, the drop in numbers in relation to people making claims has unfortunately persisted.

Types of claim that are not eligible for the Official Injury Claims Portal that we can help with 

We can help with private medical opinion, rehabilitation and compensations for those injured in road traffic accidents if they are exempt from the OIC portal. Exemptions may be:-

• The Road Traffic Accident happened before May 2021 (at the time of writing this blog, this would likely apply to children only).
• Your injuries are worth more than £5000.00 or the total value of your claim, including financial losses is worth more than £10,000.00 (to find out whether your injuries and financial losses may exceed £10,000, contact us for free legal advice). 
• You were a ‘vulnerable road user (e.g. motorcyclist, pillion passenger, a wheelchair user, you were a cyclist, you were riding a horse or you were a pedestrian).
• Your accident was with a ‘hit and run’ driver who has not been identified. Learn more about hit and run claims by clicking here.
• The accident was not caused by a road user (e.g. loose livestock or an animal that has escaped onto the road has caused the accident).
• It was a fatal accident and either you are claiming on behalf of a deceased loved one, or the defendant driver passed away in the accident or afterwards.
• You, as the claimant, are bankrupt.
• The person at fault’s vehicle is registered outside the UK (this is common with lorry and freight vehicle accidents).
• It was an accident related to work, and an employer breach of health and safety.
• You didn’t suffer a whiplash injury.

Where to start your compensation journey

It is important that people are aware that they can make a claim for compensation and receive treatment and rehabilitation for their injuries. Not only that, but it is key for affected or very sadly, bereaved loved ones of RTA victims to gain both due compensation and closure after the accident. Due to the mixed factors of new policy, general events and a lack of knowledge about the legal system, it is understandable that RTA victims often do not know where to start.

If you or somebody you know has been injured in a road traffic accident, please do not hesitate to reach out to our APIL-accredited personal injury team, who hold vast experience in road traffic accident matters and will meet you with an empathetic and sensitive approach.

We offer free legal advice without obligation, and no-win no fee funding as standard, so taking initial advice from us will not cost you a penny.