Roundabout Injury Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a road accident, we can help.

If your injuries were caused by another driver, cyclist, pedestrian or any other road user, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a road injury compensation claim with the help and support of a personal injury solicitor.

Your solicitor will ask you about how the road accident happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

By law, all drivers must have insurance to cover the cost of injury compensation claims. Even if you were injured by an unisured or untraceable road user, a claim may still be possible.

We can help you make a road accident claim on a No Win No Fee basis.

In this article

Introduction

Accidents on roundabouts are one of the most common forms of road traffic accident. Safely navigating a roundabout requires good judgement and awareness of other vehicles, and depends upon on each driver positioning appropriately.

Accidents on roundabouts tend to happen when drivers position incorrectly for the exit they want to take or when drivers pick up the wrong lane while exiting the roundabout.

The Highway Code

The Highway Code states that when turning right at a roundabout, you should:

  • signal right and approach the roundabout in the right-hand lane
  • keep to the right on the roundabout until you need to change to the left lane and exit the roundabout
  • signal left after you have passed the exit before the one you want

In most cases, the left lane can be used for both turning left and proceeding straight ahead. However, on some roundabouts, the left lane may be for turning left only or straight on only.

Signs and road markings will inform the driver of the appropriate lane for their exit. The left lane is not for turning right, and drivers who continue around the island in this lane are at risk as they are crossing exits that other drivers are attempting to emerge from.

Drivers who attempt to exit the roundabout from the right lane are also at risk of causing an accident as other traffic may be moving alongside them in the left lane. It is essential that a driver signals his or her intention when wishing to exit the roundabout.

If a driver fails to adhere to the Highway Code, then he/she could be at risk of causing an accident. If you are involved in an accident with a driver who was in the wrong lane of a roundabout, this doesn't necessarily prove liability. A solicitor will consider all evidence at hand and advise you as to the strength of your case.

What is the correct way to exit a roundabout?

Section 186 of the Highway Code explains the signals and positions required to exit a roundabout safely. When taking an exit, drivers are required to obey the following (unless signs or markings indicate otherwise):

First exit

  1. Signal left and approach the exit in the left lane
  2. Keep to the left and signal left to leave

Exit to the right or going full circle

  1. Signal right and approach the roundabout in the right lane
  2. Keep to the right until you need to change lanes to exit
  3. Signal left after passing the exit before the one you want to take

Intermediate exit

  1. Select the appropriate lane on approach to roundabout
  2. Stay in lane until you need to change to exit
  3. Signal left after passing the exit before the one you want to take

In practice, motorists do not always adhere to these rules. Not only can roundabouts be confusing to navigate, but bad habits or ignorance can result in incorrect lane usage.

Why does incorrect lane usage lead to accidents?

By failing to exit in the approved lane, drivers can end up blocking or cutting up other motorists on the roundabout.

Most accidents in this situation are caused when vehicles turning right on a roundabout stay in the left lane until they reach their exit. This means they are preventing other road users exiting who are correctly positioned in the right lane.

Proving wrong lane driver liability

In Slater vs Bancroft [1999], a driver was held 100% negligible for an accident due to being in the incorrect lane for the intended exit and not taking care when adjusting the position. However, liability is not always clear cut.

Both parties may be at fault, or the driver could have taken care when repositioning despite being in the wrong lane. Often both parties will argue that they were positioned correctly on the roundabout. In order to prove other driver liability, CCTV footage and witnesses of the accident will often be called upon to prove who was really responsible. A solicitor can assist the claimant in requesting footage to support their claim.

Do I have an injury claim?

AN injury claim should be possible if you sustained an injury:

  • in the last 3 years, and;
  • someone else was at fault, and;
  • that person owed you a duty of care.
Check my claim online

Claim eligibility - Common questions

What if the road accident was my fault?

If you think you were partly responsible for the road accident or for your injury, it should still be possible to make a claim.

In these cases, claims are usually settled with a split liability agreement.

For example, if you were 50% responsible for your injuries, you would receive 50% less compensation.

Read more about when there is uncertainty as to who is to blame.

What if the driver was uninsured or untraceable?

If the driver responsible for the injury is either uninsured or untraceable, a claim can be pursued through the Motor Insurers' Bureau (MIB).

The MIB is an independent body that pays road accident compensation to the victims of uninsured or untraced (unidentified) drivers.

Read more

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

Can I still make a roundabout injury injury claim after three years?

In general, a roundabout injury injury claim can only be made outside of the three-year limit if you were injured as a child and are still under 21, you were diagnosed within the last three years with a health condition that was caused by historic exposure, or you were fundamentally unable to make a claim within the three-year window, due to incapacity.

Low value injury claims - Updated March 2022

The regulations for making a lower-value road accident claim (sometimes called 'small claims') have changed.

From 31 May 2021, some lower-value injury claims should be made using the Ministry of Justice's new Official Injury Claim Service online portal.

If you were injured in a vehicle, and the general damages for your injuries are likely to be under £5,000, the Official portal will be used to make your claim. The portal should also be used if the total value (general damages and special damages) for your claim is less than £10,000.

Claims for cyclists, motorcyclists, pedestrians and children are not affected by the new regulations.

The new process can be daunting, and we are here to help. You can still use a solicitor to calculate the value of your compensation and to help you make a low value claim through the portal.

No Win, No Fee compensation for low value injury claims

Some solicitors are no longer assisting with lower-value claims, but we can still help you make a No Win, No Fee compensation claim for a lower-value road accident claim.

Read more:

Claiming compensation through the small claims process.

How to use the Official Injury Claim portal to claim compensation

How much compensation can I claim for an injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious shoulder injury can be £15,000

For a more minor hand injury, in isolation, you would typically receive £3,000.

However, if you have a serious shoulder injury and a more minor hand injury, you would typically receive £15,000 + a reduced percentage of £3,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for an injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an injury will depend entirely on your specific circumstances.

Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

Is it worth claiming for multiple minor injuries?

Yes. even relatively minor injuries can result in reasonable compensation settlements, especially if you have incurred expenses or taken time off work as a result of the accident.

Will I have to pay tax on my roundabout injury injury compensation?

If you receive financial compensation following a roundabout injury injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.

Calculate my injury compensation

Calculating how much compensation you can claim for an injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your injury claim could be worth now:

Calculate my claim

How long does a roundabout injury claim take?

The time needed to get compensation for a road accident can vary significantly.

For instance, a simple liability accepted road accident claim can settle in a few months. If the defendant denies liability, it could take longer. Typically, a road accident claim should take 4 to 9 months. See more: How long will my claim take?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Around 2% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee - the facts

With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.

No win, no fee guarantee

If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making an injury compensation claim. Read more about making a No win, no fee claim

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

Why do most solicitors charge 25%?

25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. roundabout injury injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning road accident claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

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Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

Can I claim if I feel I was partly responsible for my accident?

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.

In reality, there are a number of factors that can affect whether a car accident claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor