In this guide, we will explore if you could claim for a minor car accident. We outline the eligibility criteria you will be expected to meet in order to seek personal injury compensation for a road traffic accident. We also discuss how the Whiplash Reform Programme changed the way certain claims are made and look at whether they could affect your specific case.
Moreover, we highlight the duty of care road users have and the types of road traffic accidents that can occur if this duty is not upheld.
Furthermore, we outline the road accident compensation you could receive for your injuries if you make a successful claim.
For more information, please continue to read our guide. As an alternative, you can speak directly with a member of our team to receive free advice and guidance regarding your potential claim. To get in touch, you can:
- Telephone on 0800 408 7825
- Contact us through our online web form.
- Use our live chat to start a discussion with an advisor.
Select A Section
- Could I Claim If I Had A Minor Car Accident?
- What Are Minor Car Accidents And Injuries?
- How To Prove Your Claim For A Minor Car Accident
- What Payout Could You Claim For A Minor Car Accident?
- Contact Us For Further Information On Claims For A Minor Car Accident
- Learn More About Minor Car Accident Claims
In order to make a claim for a minor car accident, you need to prove the following:
- Another road user owed you a duty of care,
- They breached this duty of care,
- You experienced harm as a result of the breach. This is negligence.
The Road Traffic Act 1988 sets out the duty of care road users have to navigate the roads in a way that minimises the risk of others experiencing harm. Additionally, the Highway Code provides guidance on the responsibilities different road users have.
When making a claim after a road traffic accident, you will be expected to show that the road user at fault breached their duty of care. If this breach is responsible for your injuries, this constitutes negligence, for which you could be eligible to seek car accident compensation.
The Whiplash Reform Programme
The Whiplash Reform Programme brought in changes with regards to how certain road traffic accident claims are processed. For adult passengers and drivers with injuries valued at £5,000 or less, claims must be made via a different route. Also, whiplash injuries will be valued as per the tariff which is outlined in the Whiplash Injury Regulations 2021. Any other injuries that are not included in the tariff will be valued in the traditional way.
Moreover, you can claim in the traditional way if you have additional injuries that bring the overall value of your claim above £5,000. However, the whiplash tariff will still apply to whiplash injuries.
For more information about how the whiplash reforms apply to your specific claim, please get in contact. An advisor can also advise further on eligibility.
There are many ways that a minor car accident could occur. In addition to this, there are also numerous kinds of injuries that you could sustain after being involved in such an accident. Examples include:
- You could sustain whiplash following a rear-end collision after a driver fails to stop at a red light due to them using their phone while operating their vehicle.
- A pedestrian may be at a crossing and steps out into the road. A vehicle may be driving in this path and collide with the pedestrian, however, the speed and impact are low and the pedestrian may suffer a minor leg injury and some scrapes and cuts.
- You may sustain a less severe head injury if you are involved in a minor side-impact collision. This could happen if a driver pulls out without checking their mirrors.
Not all incidents of a road traffic accident will form the basis of a valid claim. You must be able to prove that negligence has occurred. To learn more about whether you could claim for a minor car accident, please contact a member of our team.
To support your claim, you can gather evidence. This can help to prove your claim and establish liability if another road user was at fault. For example, you could collect:
- CCTV footage or photographs of the accident site and injuries.
- Witness contact information.
- Copies of medical records.
- A diary illustrating your symptoms and the decline of your mental and physical health.
A solicitor from our panel could help you in the process of acquiring such evidence. To find out whether they could represent your claim, get in touch on the number above.
You may be eligible to receive compensation if you successfully claim for a minor car accident. There are two types of damages that could be included in your settlement, such as general damages. This head of claim aims to compensate you for the pain you have endured as a result of your injuries.
When valuing the harm you have suffered, solicitors may turn to the Judicial College Guidelines for assistance. This document contains guideline compensation brackets, some of which we have included in the table below.
The figures from the JCG are only to be used as a guide. However, the last two entries are taken from the tariff in the Whiplash Injury Regulations 2021 and are fixed amounts.
|Moderate (c) (iii)
|Concentration and memory are impacted and there is a reduced ability to work. However, dependence on others is limited.
|£43,060 to £90,720
|Less Severe (c)
|There have been significant disabilities but there has been a substantial degree of recovery.
|£19,200 to £39,170
|Pelvis And Hip
|Moderate (b) (ii)
|Cases might involve a hip replacement surgery.
|£12,590 to £26,590
|Shoulder dislocation and lower brachial plexus damage that results in shoulder and neck pain.
|£12,770 to £19,200
|Less Serious (c) (ii)
|Simple fracture of a femur with no damage to articular surfaces.
|£9,110 to £14,080
|Moderate (b) (ii)
|Injuries such as lacerations, twisting, or bruising.
|Up to £13,740
|Moderate (b) (iii)
|Injuries that cause the acceleration or exacerbation of a pre-existing condition.
|£7,890 to £13,740
|Minor (c) (i)
|Full recovery without surgery within two to five years.
|£7,890 to £12,510
|One or more whiplash injuries
|Symptoms lasting between 18-24 months.
|One or more whiplash injuries
|Symptoms lasting 15-18 months.
Examples Of Special Damages Payouts
The other head of claim you could receive is special damages. The purpose of this is to reimburse you for the monetary losses you have incurred as a result of your injuries. For example:
- Loss of earnings
- Cost of travel
- Cost of home adjustments
Having evidence of these losses will be beneficial when claiming them back. This can include bank statements, payslips, or invoices.
Find out more about the compensation you could receive after making a successful road traffic accident claim by calling an advisor today.
When making a claim, you could be interested in working with a solicitor from our panel on a No Win No Fee basis. However, you may be wondering ‘how does No Win No Fee work?’. There are different types of contracts under this umbrella, such as a Conditional Fee Agreement (CFA).
Under a CFA, an unsuccessful claim tends to mean that you will have no obligation to pay for your solicitor’s services. Comparatively, if your claim is successful, your solicitor will be permitted to take a success fee. This is a deduction from your compensation. The percentage that solicitors can take is legally restricted by the Conditional Fee Agreements Order 2013.
How To Get In Touch
If you have any queries regarding making a claim for a minor car accident, please don’t hesitate to get in touch. Our team is available to provide advice and guidance 24/7. They can assess the eligibility of your claim and if it’s valid with a chance of succeeding, they could connect you with a No Win No Fee solicitor from our panel.
To get in touch, you can:
- Call on 0800 408 7825
- Contact us by filling out your details in our form
- Chat with an advisor through our live feature
Below, you can find more of our helpful guides relating to road traffic accidents:
- Make A Car Crash Compensation Claim
- What Happens When A Car Accident Is 50/50?
- How To Claim For Loss Of Earnings After A Car Accident?
You can also find more external resources below:
Thank you for reading our guide on whether you could claim for a minor car accident. If you have any other questions, please get in touch using the details provided above.
Article by MA
Edited by EI