Alexander James Solicitors advise drivers, passengers, motorcyclists, cyclists and pedestrians on road traffic accident claims across England and Wales. We will review the circumstances of the collision, explain how liability is likely to be argued by the other side's insurer, and discuss the funding options that may be available to you, including whether a no win no fee arrangement could be appropriate for your case.
Can I Make a Claim?
- You were injured within the last three years, or the injury was to a child, in which case the three-year period generally runs from their eighteenth birthday.
- Another road user, a highway authority or a vehicle owner owed you a duty of care and fell below the standard reasonably expected of them.
- That failure caused or materially contributed to your injury — for example a rear-end shunt, a failure to give way, an unsafe overtake or a defective vehicle.
- Claims are still possible where the other driver was uninsured or left the scene, because the Motor Insurers' Bureau operates schemes for untraced and uninsured drivers.
Situations We Are Instructed On
- Rear-end and junction collisions causing whiplash-type injuries
- Passenger claims where the driver of your own vehicle was at fault
- Multi-vehicle motorway collisions with disputed sequencing
- Collisions involving uninsured, untraced or foreign-registered drivers
- Accidents caused by poor road maintenance, debris or defective signage
- Claims involving taxi, private-hire and delivery vehicles
What Compensation Could I Claim?
- General damages for the pain, suffering and loss of amenity caused by the injury, assessed with reference to medical evidence and the Judicial College Guidelines
- Loss of earnings already incurred, and any future loss where you cannot return to the same work
- Private treatment, physiotherapy and rehabilitation costs where reasonably needed
- Vehicle repair or write-off shortfall, policy excess and hire charges
- Travel to medical appointments, prescription charges and care provided by family
What can be recovered in any individual case depends on the medical evidence and on the losses that can be proved. We do not estimate figures before that evidence is available.
Evidence That Helps
- The police incident reference and any officer's report
- Dashcam, CCTV or bodycam footage — request it early, because it is often overwritten within weeks
- Photographs of vehicle damage, road layout, skid marks and weather conditions
- Names and contact details of independent witnesses
- GP, A&E and ambulance records, plus a receipt trail for expenses
How Long Could the Claim Take?
A straightforward soft-tissue claim that settles through the official portal may conclude within a few months of the medical evidence being finalised. Where liability is denied, where injuries are still developing or where court proceedings become necessary, the claim can take considerably longer — often well over a year. We will give you a realistic range once the medical position is clearer, and update you whenever it changes.
No Win No Fee Funding for This Type of Claim
A No Win No Fee agreement — known in law as a conditional fee agreement — is a written contract between you and your solicitor. Under it, our fee for the legal work becomes payable only if your claim is successful. It is a way of funding a claim without paying our costs up front. It is not a promise about the outcome of your case, and it is not available in every matter.
How a No Win No Fee agreement works
- Assessment first. We review the facts, the likely evidence and your prospects before deciding whether we can offer this type of funding.
- If the claim succeeds. The opponent is usually ordered or agrees to pay a substantial part of your legal costs. A success fee — a percentage uplift on our charges, capped by law in personal injury work — is deducted from your compensation. The percentage will be stated in your agreement before you sign it.
- If the claim does not succeed. You would not pay our fee for the legal work covered by the agreement. You may still be responsible for certain disbursements and, in some circumstances, the opponent’s costs, which is why insurance arrangements are discussed with you at the outset.
- Deductions and other costs. Expenses such as medical reports, court fees, expert evidence and any insurance premium are dealt with separately. We will explain which of these may be deducted from your damages and how they are calculated.
- Alternatives. You may already have legal expenses cover through a household, motor or credit card policy, or through a trade union. We will ask about this because it may be a better option for you.
Who may be eligible
Eligibility depends on the individual case, including whether another party appears to be legally responsible, whether the injury and losses can be evidenced, and whether the claim is brought in time. Some claims are not suitable for this form of funding. We will tell you honestly if we cannot act on this basis, and explain the alternatives that may be open to you.
The exact terms — including the success fee percentage, the disbursements involved and what would happen if the claim were unsuccessful — are set out in writing and explained to you before you decide whether to proceed. Nothing on this page is a guarantee about the outcome of a claim or a statement that any particular funding arrangement will be available. Please take advice about your own circumstances.
Speaking to a No Win No Fee Solicitor
The first conversation is an assessment, not a commitment. A solicitor will listen to what happened, identify who may be legally responsible and consider what evidence is likely to be available. In the context of road traffic accident claims, that usually means looking closely at how the incident occurred, what records exist and how your injury has affected your work and daily life.
Once we understand the case, we can discuss funding. Where a conditional fee arrangement is appropriate, we will explain the terms, the deductions and the risks in writing so that you can make an informed decision. Where it is not appropriate, we will say so and set out any alternative route available to you, including existing insurance cover or union support. Either way, you will know where you stand before any work begins.
Road Traffic Accident Claims FAQs
- The other driver's insurer has offered to settle directly with me. Should I accept?
- You are entitled to deal with the insurer yourself, but an early offer made before medical evidence has been obtained may not reflect the full extent of your injury or your financial losses. Take independent advice before accepting, because settlement is generally final.
- Can I claim if I was partly to blame?
- Often yes. Where responsibility is shared, damages are typically reduced to reflect your share of the blame — for example where a seatbelt was not worn. We will give you an honest view of the likely apportionment.
- What if the driver who hit me was uninsured?
- The Motor Insurers' Bureau operates schemes for claims against uninsured and untraced drivers. Strict notification requirements apply, so it is important to take advice promptly.
- Will making a claim affect my own insurance?
- That is a matter for your insurer and depends on your policy and who was at fault. We can explain how a non-fault claim is usually recorded, but you should also check the terms of your own cover.
Speak to our team
Tell us what happened and we will assess the claim and explain the funding options that may be available to you, in writing, before you decide how to proceed.