This guide will provide helpful information on car accident claims. We will examine the criteria you must meet to be able to make a personal injury claim following a car accident, as well as how long you have to do so and the evidence that could help strengthen your case. You can also find information on the whiplash reforms and how they could impact your claim.
A Guide To Car Accident Claims
Additionally, we look at the duty of care road users owe one another and provide examples of how a car accident could occur if this duty is not upheld.
Furthermore, we explore the compensation payout that could be awarded for the injuries you have sustained following a road traffic accident, and how settlements are calculated.
Finally, we look at the benefits of working with a road traffic accident solicitor and the No Win No Fee terms under which they could offer their services.
Our advisors are also available to provide you with free advice regarding your potential claim. If you have any questions, please do not hesitate to get in touch. You can do so by:
- Calling us on 0800 073 8802
- Filling out our online enquiry form
- Speaking with our advisors using the live chat feature at the bottom of the screen
Choose A Section
- Eligibility Criteria For Car Accident Claims
- Examples Of Car Accidents And Injuries
- Evidence That Could Help You Make A Road Accident Claim
- Calculating Compensation For Successful Car Accident Claims
- Make A Car Accident Claim With A No Win No Fee Solicitor
- Learn More About Making Car Accident Claims
Eligibility For Car Accident Claims
The Road Traffic Act 1988 alongside The Highway Code contains rules that each road user must adhere to in order to uphold their duty of care. The duty of care they owe is to navigate the roads in a manner that avoids injury or damage to themselves or others.
In order to be eligible to make a personal injury claim following a car accident , you must prove:
- A duty of care was owed to you by another road user.
- They breached this duty of care.
- You experienced an injury, either physical or psychological, as a result of the breach.
How Long Do You Have To Claim For A Road Traffic Accident?
Personal injury claims typically must be started within 3 years as established by the Limitation Act 1980. This time limit usually begins from the date of the accident.
However, there are some exceptions that may apply in certain circumstances. For more information on these and the eligibility criteria for car accident claims, please contact an advisor on the number above.
Examples Of Car Accidents And Injuries
Here are some examples of how a car accident could occur as a result of another road user not upholding their duty of care:
- Due to a lorry driver speeding, they are unable to stop in time and rear-end your vehicle as you are stopped at a junction. Subsequently, you suffer a head injury.
- Another car is driving around the roundabout in the wrong direction. As a result, you are involved in a head-on collision and suffer a spinal injury.
- A van driver is intoxicated while driving, which causes them to swerve into your lane and hit you. Consequently, you are knocked off the road and crash and sustain a neck injury.
If you have been injured in an accident that was caused by another road user failing to adhere to the rules in the Act 1988 or the Highway Code, you could be entitled to claim. Please speak with our advisors for more details on car accident claims.
Evidence That Could Help You Make A Road Accident Claim
Gathering evidence can be helpful when building a successful road traffic accident claim as it can establish that a breach of duty caused you injury. Examples of the steps you could take to collect evidence include:
- Gather CCTV footage of the incident.
- Seek medical attention and keep a record of relevant notes.
- Acquire witness contact details for statements to be taken at a later date.
- Keep a diary of symptoms, treatments and how they impact you.
- Take pictures of the accident scene and/or your injuries.
An advisor from our team could potentially connect you with a solicitor from our panel if you have valid grounds to proceed with your case. The solicitor can then assist you in building your case and presenting it in the relevant time limit.
Call our team to find out more about how they could help.
Calculating Compensation For Successful Car Accident Claims
Compensation payouts awarded in successful car accident claims could be split into two heads of loss. You will be awarded general damages which compensates for any pain and suffering, both physical and mental, that stem from your injuries.
We have compiled a table of guideline compensation amounts that have been taken from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals use to assist them when valuing general damages.
The figures are not guaranteed and are to be used as a guide only. Settlements can differ depending on the specific circumstances surrounding your injuries.
However, the table also includes tariff amounts from the Whiplash Injury Regulations 2021. These are fixed amounts corresponding to whiplash injuries.
| Injury | Severity | Notes | Compensation Guidelines |
|---|---|---|---|
| Head | Very severe | The person requires full-time care. | £282,010 to £403,990 |
| Head | Moderate (ii) | An injury that causes moderate to modest intellectual deficit with the ability to work being majorly reduced if not removed. There is also a risk of epilepsy. | £90,720 to £150,110 |
| Leg | Amputation (ii) | A below the knee amputation of both legs. | £201,490 to £270,100 |
| Arm | Severe | A serious brachial plexus injury that leaves the person little better off than if they had lost the arm entirely. | £96,160 to £130,930 |
| Knee | Severe (i) | An injury that disrupts the knee joint and causes considerable pain and loss of function. | £69,730 to £96,210 |
| Hand | Serious Damage To Both Hands | Resulting in permanent cosmetic disability and significant loss of function. | £55,820 to £84,570 |
| Foot | Severe | A severe injury to a single foot is included in this bracket. | £41,970 to £70,030 |
| Ankle | Moderate | Fractures and tears to the ligaments resulting in less serious disabilities. | £13,740 to £26,590 |
| Whiplash | One or more whiplash injuries with one or more minor psychological injuries | Symptoms last between 18-24 months. | £4,345 |
| Whiplash | One or more whiplash injuries | Symptoms last between 18-24 months. | £4,215 |
Special damages may also be included as part of your payout. This head of loss seeks to reimburse you for any financial losses that are incurred due to your injuries. This could come in the form of:
- Home adaptation costs
- Care costs
- Loss of earnings
- Medical expenses
- Travel costs
Our advisors can offer you a personalised insight as to how much compensation you could be awarded if you get in touch.
How Could The Whiplash Reforms Affect Car Accident Claims?
If you are a driver or passenger aged 18 or above with injuries valued at £5,000 or less, you must make your claim in a different way. This is as per the Whiplash Reform Programme.
The reforms also mean that any whiplash injuries are valued according to the tariff outlined in the Whiplash Injury Regulations 2021, as mentioned above. Any other injuries not included in the tariff will be valued traditionally.
If you suffer additional injuries that take the total value of your claim over £5,000, you would claim in the traditional way. However, any whiplash injuries will still be valued in line with the tariff.
If you would like more information on the whiplash reforms and how they could impact car accident claims, please get in touch with an advisor from our team.
Make A Car Accident Claim With A No Win No Fee Solicitor
Many claimants find it useful to seek legal representation when making a claim. A solicitor help you build and present your case, as well as value your settlement and keep you updated on the progress of your claim.
Our car accident solicitors generally operate on a No Win No Fee basis and could offer you a Conditional Fee Agreement (CFA). This means that there are generally no fees required for your solicitor’s services upfront or while your claim is ongoing. Moreover, payment is not required for the services they provide if your claim fails.
The payment that is required for a successful claim will be deducted from your compensation by your solicitor. This is called a success fee and is taken as a percentage. However, the percentage is capped by law which guarantees that you receive the majority of your settlement.
An advisor from our team can determine whether or not you have a valid claim. If you do, they could set you up with a No Win No Fee solicitor. To get in touch:
- Call us on 0800 073 8802
- Fill out our online enquiry form
- Speak with our advisors using the live chat feature at the bottom of the screen
Learn More About Making Car Accident Claims
More of our personal injury claim guides:
- Learn if you could claim as a pedestrian hit by a car.
- Find out if you could make a taxi injury claim.
- Read about arm injury claims and when you could seek compensation.
Moreover, we have provided you with additional reading that could be of benefit:
- Information on whiplash – NHS
- Statutory Sick Pay – Government Guidance
- Advice for road users –Think!
Thank you for reading this guide on car accident claims. If you still have any questions, please do not hesitate to get in touch with an advisor from our team.
Writer Beck Pint
Editor Meg Moot
