How Do You Claim For A Car Crash On The Motorway?

In this guide, we will explain when personal injury claims could be made following a car crash on the motorway. These types of road traffic accidents can result in severe and life-altering injuries because of the high speeds at which vehicles travel. In the most extreme cases, a motorway accident could be fatal. 

car crash on the motorway

Could I claim for a car crash on the motorway?

Drivers have a duty of care to other road users to navigate the roads safely. We will explain this in more detail later in this guide, as duty of care is important in defining negligence. This will allow us to set out the eligibility requirements that must be met to make road traffic accident claims for compensation. Furthermore, we will discuss the steps you could take to prove your claim. What’s more, we will explain how personal injury compensation could be calculated in the case that a claim is successful. 

Finally, we will look at the potential benefits of using the services of a solicitor and what it means if they offer you to enter into a No Win No Fee agreement. If you would like to discuss your potential road traffic accident claim and receive free and confidential advice, you can also contact our team of advisors at any time that suits you. Our team are available 24 hours a day, 7 days a week, and can provide insight into the eligibility of your potential car accident compensation claim

For a free consultation, you can:

  • Reach a member of our team by calling 0800 408 7825
  • Contact us via our online form
  • Use the live chat window on this page

Select A Section

  1. How Do You Claim For A Car Crash On The Motorway?
  2. How Common Are Car Accidents In The UK?
  3. Proving Your Motorway Collision Accident Claim
  4. Motorway Crash Compensation Calculator
  5. Claim For A Car Crash On The Motorway With A No Win No Fee Road Accident Solicitor
  6. Read More About Motorway Accident Claims

How Do You Claim For A Car Crash On The Motorway?

Road users owe one another a duty of care to navigate the roads safely and minimise the risk of injury. This duty of care is outlined in the Road Traffic Act 1988. Additionally to this, The Highway Code provides guidance and rules for road users to safely use the roads, some of which are supported by laws.

A road user could breach their duty of care by doing one of the following: 

  • Driving at a speed exceeding the legal limit
  • Not carrying out the appropriate checks before changing lanes 
  • Driving with tyres that do not meet the minimum legal tyre tread depth

Therefore, to claim for the injuries you have sustained in a car crash on the motorway, the following eligibility requirements must be met: 

  • Firstly, another road user owed you a duty of care on the roads.
  • Secondly, this road user breached their duty of care.
  • As a consequence of this, you sustained injuries 

This is the definition of negligence. On the basis of negligence, you may be eligible to bring forward a road traffic accident claim. Continue reading to learn more about the claim time limits.

How Long After A Car Crash On The Motorway Could I Claim?

As per the Limitation Act 1980, you will typically have three years from the date that the car crash on the motorway took place to begin your claim. Exceptions to these time limits can be made if your personal injury claim meets the relevant criteria.

Please speak to a member of our team to enquire about the time limit that applies to your potential claim. If you meet the circumstances for exceptions to be made to the time limit mentioned above, our team will be able to explain what this means for your case.  

Could The Whiplash Reform Programme Affect My Ability To Claim?

When there is a sudden head movement, it can cause a type of neck injury called whiplash. Therefore, this is a potential injury that could be sustained in a car accident. 

Pursuing compensation for whiplash injuries has changed due to the introduction of the Whiplash Reform Programme on May 31st 2021. Cases where adult drivers and passengers that have whiplash injuries valued at £5,000 or under must now be made in a different way. 

The Whiplash Injury Regulations 2021 contains a tariff of fixed amounts, in line with which whiplash injuries can be valued. If you were to have further injuries in addition to whiplash, which would bring the total value of your claim over £5,000, you would make your claim in the traditional way. However, it is important to note that your whiplash injuries would still be valued in line with the tariff, and other injuries would be valued in the traditional way. 

If you have any questions about making a claim for a whiplash injury sustained in a car crash on the motorway, please get in touch with one of our advisors. 

How Common Are Car Accidents In The UK?

The Department for Transport provides statistics on reported road casualties in Great Britain. This states that police reported a total of 5,301 casualties on the motorways in 2021. 103 of these casualties were fatal.  

If you would like insight into your eligibility to bring forward a personal injury claim following a car crash on the motorway, please speak to a member of our team.

Proving Your Motorway Collision Accident Claim

To bring forward a claim, it is important that you can prove negligence took place. The evidence you could provide may include:  

  • Photographs of any visible injuries you sustained in the accident and the scene
  • CCTV footage of the accident
  • Dashcam footage
  • A diary of your symptoms and treatment
  • A copy of your medical records 
  • Contact details of anyone who witnessed the accident

If you choose to use the services of a solicitor, they can help you to gather the evidence to prove your personal injury claim

Motorway Crash Compensation Calculator

There are up to two heads of a successful road traffic accident claim. These are general damages and special damages. Firstly, general damages accounts for the physical suffering and/or psychological damage caused by your injuries. This considers different factors, such as the severity of the injuries you sustained and how this affects your quality of life. 

To help value this head of claim, road traffic accident solicitors can use the Judicial College Guidelines (JCG), which were updated for April 2021. Therefore, we have used this document to create the following table as a guide to compensation brackets for various injuries.

A Table of Guideline Compensation Brackets

Injury Severity Notes on this Injury Guideline Brackets of Compensation
Brain Damage Very Severe (a) Full time care will be necessary. There will be little to no language function, minimal if any, proof of meaningful responses to their environments, and double incontinence. £282,010 to £403,990
Brain Damage Moderate (c)(ii) Some risk of epilepsy, a moderate to modest intellectual deficit, and a great reduction or removal of the person’s ability to work. £90,720 to £150,110
Leg Injury Amputation (a)(i) Both legs are lost. £240,790 to £282,010
Neck Injury Severe (a)(i) Neck injury leading to permanent spastic quadriparesis or associated with paraplegia that is incomplete. In the region of £148,330
Neck Injury Moderate (b)(i) Dislocations or fractures leading to severe immediate symptoms and potentially necessitating spinal fusion. £24,990 to £38,490
Arm Amputation Loss of One Arm (b)(ii) The arm is amputated at the shoulder. Not less than £137,160
Arm Amputation Loss of One Arm (b)(iii) The arm is amputated below the elbow. £96,160 to £109,650
Wrist Injury Significant Permanent Disability (b) The injury leads to a permanent disability that is significant, but some useful movement will remain. £24,500 to £39,170
Whiplash Both One or More Whiplash Injuries With One or More Minor Psychiatric Injuries Injury lasting over 18 months but not beyond 24 months. £4,345
Whiplash Both One or More Whiplash Injuries With One or More Minor Psychiatric Injuries Injury lasting over 15 months but not beyond 18 months. £3,100

Please consider this table a guide, as it is unable to factor in the unique details of your claim.  

How Special Damages Could Also Compensate You

A successful claim could also qualify for a special damages payment. This can cover the monetary losses incurred due to your injuries, for example: 

  • Past and future loss of earnings
  • Travel expenses
  • Care costs
  • Housing adaptations 

However, it is important to note that you must keep evidence of these losses. This could include payslips, travel tickets, invoices and receipts. 

Are you wondering how much compensation you could be eligible to receive for your potential road traffic accident claim? Speak to one of our advisors, and they can give you a compensation estimate tailored to your case. 

Claim For A Car Crash On The Motorway With A No Win No Fee Road Accident Solicitor

Entering into a Conditional Fee Agreement (CFA), which is one of the types of no win no fee agreements, generally means the following terms would be agreed upon between you and your solicitor: 

  • No upfront or ongoing fees for the services that your solicitor provides.
  • No payment for your solicitor’s services in the case your claim fails. 
  • Your solicitor may deduct a small success fee from the compensation in the case that your claim is successful. This is a percentage that legislation caps.

Speak To An Expert

Would you like our advisors to assess your case? If they find you may be eligible to bring a claim forward, they could place you in touch with a No Win No Fee solicitor from our panel. However, they will not place you under any obligations to further your claim with us. 

To get in contact, you can:

  • Reach a member of our team by calling 0800 408 7825
  • Contact us via our online form
  • Use the live chat window on this page

Read More About Motorway Accident Claims

Please find out more from our guides: 

Also, explore these external sources: 

Thank you for reading this guide to making a personal injury claim after being involved in a car crash on the motorway.

Article by ET

Publisher EX