In this guide, we discuss how to claim compensation after a car crash on the motorway. Because of the high speeds involved, road traffic accidents on motorways can create severe, life-altering injuries. Fatal car accidents could occur on the motorway as well. If you suffered injuries in a car crash, you might be owed compensation.
However, you will need to prove that you satisfy the eligibility requirements to file for personal injury compensation. We begin the guide by explaining these requirements. To further help you understand when you might have a valid compensation claim, we look at a few examples of car accidents that could occur on a motorway.
Furthermore, our guide explains what evidence can strengthen a personal injury claim. We also look at how compensation can be calculated and what damages could be recovered as part of a successful settlement. In the last section, we look at the many benefits of instructing a solicitor to help with your claim under a No Win No Fee agreement.
If you would like to discuss making a claim now, you can connect with our advisors for free, no-obligation guidance. They can assess your claim as well as answer any questions you have on the claims process. To get in touch, you can:
- Call us 24 hours a day, 7 days a week on 0800 408 7825 for your free consultation.
- Contact us via our online form.
- Ask the live discussion box a question.
Jump To A Section
- Can I Claim For A Car Crash On The Motorway?
- What Are Examples Of Motorway Accident Compensation Claims?
- What Should I Do After A Car Crash On The Motorway?
- How Much Motorway Accident Compensation Could I Receive?
- Why Choose A No Win No Fee Solicitor To Make A Motorway Injury Claim?
- Learn More About Car Accident Compensation Claims
Can I Claim For A Car Crash On The Motorway?
Broadly, motorists need to operate their vehicles and navigate the roads in ways that present the least risk of harm or damage to themselves and others. This is the duty of care that motorists and all other road users owe to one another. As part of complying with this duty, motorists and other road users are expected to adhere to the Road Traffic Act 1988 and The Highway Code.
The Highway Code provides guidance and mandatory rules for road users. The mandatory rules may be backed up by law. Sections 253 to 274 of the Highway Code detail the rules of the motorway.
Among other actions, it requires vehicle drivers to match the speed limit to fit in with the traffic flow in the left hand lane when joining the motorway and follow any signs and signals. Other essential responsibilities include:
- Adhering to the speed limit.
- Staying out of the hard shoulder.
- Overtaking only when it is safe and legal to do so.
After suffering a car crash on the motorway, you may have a valid claim for personal injury compensation. To be sure, three criteria must apply:
- A duty of care applied at the time of the motorway accident.
- This duty was breached by another motorist. For example, another driver was speeding.
- You endured either physical injury, psychological harm or both as the result of an accident caused by this breach.
These points can be used as a definition of negligence. All three must apply to have an eligible claim. Why not consult with our advisors about your claim for a motorway accident? Call, email or ask the live discussion box a question.
What Are Examples Of Motorway Accident Compensation Claims?
Next, we look at some situations where a breach in the duty of care might give rise to a valid claim for compensation after a car crash on the motorway:
- An intoxicated motorist swerves across the lanes of the motorway and impacts you at the side, causing concussion, cuts and shock.
- Another motorist speeds above the legal limit and rear-ends you causing severe whiplash and back injury.
- The driver behind you fails to notice that you have come to a stop in heavy traffic and crashes into you.
These are just a handful of instances. To discuss your potential claim, chat with our advisors using the details at the top of the page.
What Are Common Injuries Caused By A Motorway Accident?
Motorway collisions can cause various injuries. Some examples of common injuries that could be suffered in a car accident include:
- Cuts and bruises.
- Deeper soft tissue lacerations (from glass and wreckage).
- Whiplash and spinal damage.
- Head injuries that range from mild to traumatic.
- Bone fractures and pelvic damage.
- Burns.
- Shock and trauma.
What Should I Do After A Car Crash On The Motorway?
To launch a claim after a car crash on a motorway, it is important that you can prove another motorist’s negligent actions caused your injuries. With this in mind, useful evidence could include:
- Photographs of your visible injuries.
- CCTV motorway footage of the incident, or dashcam footage.
- A diary that lists your symptoms and treatment after the crash.
- Copies of your healthcare records, which might include X-rays, scans and A&E admission notes.
- Details from other motorists.
- Witness details – Supporting statements from these witnesses can be valuable evidence later on.
You may like to seek legal advice from a personal injury solicitor following the incident. If you speak to one of our team members, they can give you a free claim consultation and if you meet the eligibility, you could be connected to a road traffic accident solicitor from our panel.
How Much Motorway Accident Compensation Could I Receive?
There are two areas or ‘heads’ of loss that can make up a successful compensation settlement. These are general damages and special damages. General damages compensate the claimant for the physical and psychological damage caused, including the pain and suffering these cause.
To apply a working figure to this, those tasked with the calculation of general damages can use medical reports to guide them. As part of the claims process, you may need to attend an independent medical assessment to generate this supporting medical evidence.
In addition, they often consult publications such as the Judicial College Guidelines (JCG). This document lists award guidelines for various injuries according to severity.
We’ve put together a table below to illustrate the JCG. The figures were taken from the 17th edition and could be relevant to a vehicle collision. It should be noted that our top-line figure was not taken from the JCG. Also, please read this table as a guideline only. Each claim is unique and varies according to a number of individual factors.
| Injury Type | Severity | Award Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Severe | Up to £1 million plus. |
| Tetraplegia | (Also known as Quadriplegia) | £396,140 to £493,000 |
| Head | (a) Very Severe | £344,150 to £493,000 |
| Back | (a) Severe (ii) | £90,510 to £107,910 |
| Pelvis | (b) Moderate (i) | £32,450 to £47,810 |
| Wrist | (a) Total Loss of Function | £58,710 to £73,050 |
| Severe Leg | (b) Very Serious | £66,920 to £109,290 |
| Knee | (b) Moderate (i) | £18,110 to £31,960 |
| Whiplash | Lasting 18 - 24 months with minor psychological harm | £4,345 |
| Whiplash | Lasting 18 - 24 months without psychological harm | £4,215 |
Special Damages For Personal Injury Claims
With documented evidence, a successful claim could also incorporate a special damages payment. This covers the claimant for the financial harm caused by their injuries. You may have:
- Payslips showing current and predicted loss of earnings
- Receipts and tickets for travel expenses to vital appointments.
- Care costs for anyone who looked after you.
- Invoices for alterations to your home to manage your injuries (such as a wheelchair ramp).
Rather than speculate as to what you might be owed for financial loss, ask a member of our team. Our advisors can assess your claim in minutes and pass you to a personal injury solicitor from our panel (if eligible) with the expertise to calculate damages accurately.
How Do You Claim Compensation For Whiplash?
According to the NHS, whiplash is a type of neck injury caused by sudden head movement. Whiplash may occur on its own or as part of multiple injuries.
The way personal injury claims after road traffic accidents are made has changed for certain claimants since the introduction of the Whiplash Reform Programme on 31 May 2021. Cases involving adult drivers (and passengers) aged 18 or older with injuries valued at £5,000 or under must now be made differently.
Also, the Whiplash Injury Regulations 2021 contains its own tariff of fixed amounts. This means that if you have suffered a whiplash injury, your injury will be valued in line with the tariffs found in the legislation. You will see some examples in the last two entries of the table. Other injuries will be valued according to publications such as the JCG.
If any additional injuries are present, the total value of your claim may reach over £5,000 and you could claim in the traditional way. However, the whiplash and soft tissue injuries might still be subject to the tariff instead of the JCG figures.
Please get in touch with one of our advisors to discuss claiming compensation for a car crash on the motorway.
What Is The Time Limit When Claiming For Car Accidents?
According to the Limitation Act 1980, you normally have three years from the date of the motorway car accident to launch a claim. Variations to this standard limit may apply. For example, for those below the age of 18 at the time of the collision or those without the mental capacity to launch their own personal injury claim.
Contact a member of our advisory team to learn more about these time limit exceptions or to assess whether there is still enough time to file your claim.
Why Choose A No Win No Fee Solicitor To Make A Motorway Injury Claim?
If you would like our advisors to assess your case, simply get in touch. Should they find your claim eligible, they can connect you with a personal injury solicitor from our panel. There is no obligation, but they can offer claimants a type of No Win No Fee contract for their representation. Generally, this will be a Conditional Fee Agreement (CFA).
The terms of a CFA typically mean no upfront or ongoing fees for the solicitor’s services are needed. Furthermore, no solicitors fees are owed if your claim fails. Your solicitor will deduct a small percentage from the compensation as a success fee if your claim is successful. Subject to a legal limit, this ensures you benefit most from the outcome.
Get in touch today to find out if you are eligible to claim with the support of one of the No Win No Fee solicitors from our panel. Additionally, an advisor can help calculate how much compensation you might be entitled to and advise you on what supporting evidence could be submitted.
To talk about your claim after a car crash on a motorway you can:
- Reach an advisor by calling 0800 408 7825
- Contact us via our online form.
- Start the conversation through the live discussion box on this page.
Learn More About Car Accident Compensation Claims
Please find out more from our guides:
- Advice and some compensation FAQS about road traffic accident claims.
- Information about how multiple injury compensation is calculated is in this guide.
- This guide looks at the top 5 laws broken while driving that could form the basis of a claim.
Also, these external sources may be useful:
- Advice If you’re in an accident from GOV.UK
- Here is information about emergency care services from the NHS.
- This link offers information about the Department for Transport and Motorways.
We appreciate you taking the time to read our guide. For any more help claiming after a car crash on the motorway, please reach out.