Can I Claim If Injured By A Head On Car Accident?

When road users don’t abide by the duty of care they owe, they could cause a head on car accident and injure you. In such cases, you could claim personal injury compensation, and this guide outlines when you might be able to. We begin by looking at the eligibility criteria you must satisfy to make a car accident claim and outline how accidents could happen. Additionally, we will also talk about the introduction of the Whiplash Reform Programme as this might affect how you pursue your personal injury claim after a road traffic accident. 

We will explore how evidence could be useful in supporting your road traffic accident claim and the types you may want to gather. This guide also discusses how a legal professional could assign value to your injuries. Furthermore, we look at what could be included in a personal injury claim stemming from a car accident. 

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Learn How To Claim For A Head On Car Accident

To conclude, this guide addresses the benefits of instructing a No Win No Fee legal professional should you have a valid road accident claim and want expert advice. Contact our advisors today to find out the validity of your car accident claim.

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Browse Our Guide

  1. Can I Claim If Injured By A Head On Car Accident?
  2. How Could A Head On Car Accident Happen?
  3. Evidence That Could Help During The Car Accident Claim Process
  4. How Much Compensation Could I Receive From A Car Accident Claim?
  5. Use Our Panel Of No Win No Fee Car Accident Claim Solicitors
  6. Learn More About Making A Claim For A Road Traffic Accident

Can I Claim If Injured By A Head On Car Accident?

Road users owe a duty of care to navigate the roads in a manner that prevents injury and damage to themselves and others. They must adhere to the Road Traffic Act 1988 (RTA) and the Highway Code to comply with this duty.  

However, if a road user’s conduct falls below their legal duty of care, causes a head on car accident, and you’re injured, you may be able to claim compensation. To satisfy the eligibility criteria to make a personal injury claim after a car accident, you must show that:

  • A duty of care was owed to you
  • There was a breach of this duty
  • You endured harm as a result of the breach 

Additionally, if you were involved in a head on car accident and were partly to blame, you could make a split liability claim. Here, any compensation you received would be reduced proportionately to the level of fault you were deemed to be at.

Will The Whiplash Reform Programme Affect My Claim?

The Whiplash Reform Programme outlines that in certain circumstances, where you’ve endured road traffic accident injuries deemed to be valued at £5,000 or less, you would need to claim through the new route. However, this does not apply to all road users, just drivers and passengers of vehicles. So, if you are a cyclist, pedestrian, or motorbike rider, these new regulations do not apply to you. Also alongside this was the introduction to set tariffs for whiplash injuries that can be found in the Whiplash Injury Regulations 2021.

However, if your injuries were valued at £5,000 or more, you would need to claim through the normal method. Additionally, the whiplash tariffs from the 2021 Regulations would still apply.

If you have suffered whiplash and want to learn more about the different methods of claiming compensation, contact our team of advisors. If your case is valid, a solicitor from our panel could help you pursue car accident compensation.

To learn more about split liability claims or the validity of your case, contact our team of advisors now.

How Could A Head On Car Accident Happen? 

Below we provide examples of how a head on car accident could be caused by driver negligence. 

  • Someone under the influence of alcohol may drive down the wrong side of the road. They hit you head-on and cause a car crash where you suffered a back injury.
  • A driver on their phone may swerve into oncoming traffic due to not paying attention. They hit you head-on, and the force of the impact means you endure a hand injury.
  • Due to being tired, a driver may fall asleep at the wheel, causing their vehicle to veer into your lane. This leads to a head-on collision, where you suffer a head injury.

These examples are only some ways a head on car accident could occur due to driver negligence. Contact one of our advisors today to discover if you can work with a solicitor from our panel.

Evidence That Could Help During The Car Accident Claim Process 

When making a compensation claim due to a head on car accident, you need to prove that it was caused by driver negligence. Evidence is useful, as it can help prove this and show how you were affected. Furthermore, you should seek medical attention following an accident to receive any treatment you require, and your medical records could be used as evidence.

You could also gather other evidence to support your road accident claim like:

  • CCTV footage
  • Witness contact details
  • Journal entries about your symptoms and treatments

Providing you have an eligible personal injury claim, a solicitor from our panel could help you gather evidence as part of their service. Contact one of our advisors now for a free case assessment.

How Much Compensation Could I Receive From A Car Accident Claim?

If you have been involved in a head on car accident, you may want to know how much compensation you could be entitled to. You could be awarded two kinds of damages in a successful personal injury claim settlement.

The first is general damages, compensating you for the pain and suffering you’ve endured. The figure you’re awarded is based on factors such as:

  • How your injuries have impacted your quality of life
  • The treatments you’ve had to undergo to recover
  • Loss of enjoyment you’ve experienced

The Judicial College Guidelines (JCG) can help assign value to your injuries. This document provides guideline valuation brackets for different injuries. Your medical report could then be used to compare against the JCG.

Below we have provided extracts from the JCG. We have also provided some figures from The Whiplash Injury Regulations 2021

Compensation Table

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Injury Severity Compensation Notes
Neck Severe (i) In the region of £148,330 Associated with incomplete paraplegia or where despite wearing a collar 24 hours a day for a period of years, there is still little or no movement in neck.
Moderate (ii) £13,740 to £24,990 Soft tissue damage and disc lesions resulting in serious limited movement, permanent or recurring pain and stiffness.
Back Severe (ii) £74,160 to £88,430 Nerve root damage, with impaired mobility and associated loss of sensation.
Moderate (i) £27,760 to £38,780 Involves compression fractures in the lumbar spine, with substantial osteoarthritis risks and reduced mobility.
Knee Severe (ii) £52,120 to £69,730 Leg fracture extending into knee joint. This causes constant, permanent pain and limited movement.
Moderate (i) £14,840 to £26,190 Dislocation or torn cartilage, resulting in minor instability.
Shoulder Severe £19,200 to £48,030 Linked to neck injuries, resulting in significant disability.
Moderate £7,890 to £12,770 Frozen shoulder with limited movement and discomfort for about two years.
Whiplash One or more whiplash injuries and one or more minor psychological injuries. £4,345 Lasting more than 18 months, but not more than 24 months.
One or more whiplash injuries. £2,040 Lasting more than 12 months, but not more than 15 months.

Special Damages

The second kind of compensation you could receive is special damages. Special damages compensate you for reasonable losses you’ve incurred due to being harmed. To ensure you receive the full amount of special damages compensation you’re entitled to, you should keep evidence of your losses.

You could provide evidence such as:

  • Receipts of medical treatments that you required to recover
  • Invoices of adaptions you had to make to your home
  • Payslips that outline your loss of earnings through being incapable of working

If you have a valid case, a solicitor from our panel could help build an evidence portfolio as part of their service. Contact our advisors now to find out if you have an eligible head on car accident claim.

Use Our Panel Of No Win No Fee Car Accident Claim Solicitors

You may want to work with a legal professional when making a head on car accident claim for their expert advice if your case is eligible. If so, consider appointing legal representation on a kind of No Win No Fee basis, under a Conditional Fee Agreement.

This type of agreement benefits you by:

  • Having no upfront solicitor fees 
  • And no ongoing fees 
  • No fees required for the service you received if your claim is unsuccessful
  • Paying a success fee if your claim wins, which is only a small, legally capped percentage of the compensation you’re awarded

This type of agreement is offered by our panel of solicitors, who have years of experience. They also only take on cases they feel have a good chance of winning, meaning working with them will ensure your time is used effectively.

To find out if you can make a head on car accident claim with a solicitor from our panel, contact our advisors by:

Learn More About Making A Claim For A Road Traffic Accident

We hope this guide has answered your questions about making a head on car accident claim. To read more of our helpful articles, please look below:

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