Can I Make A Work Van Accident Claim?

In this guide, we will discuss when you could be eligible to make a claim following a work van accident. There is a set of criteria that need to be met in order for you to have valid grounds to pursue personal injury compensation. We will discuss these, along with the time limits for starting legal proceedings, in more detail throughout our guide.

work van accident

Work Van Accident Claims Guide

As you move through this guide, you will find information about the other aspects of the claims process, including the steps you can take to gather evidence to support your case. Also, we will discuss how compensation can be calculated and what could be included within your potential settlement.

This guide will also discuss the benefits of working with a No Win No Fee solicitor from our panel and the services they could offer you.

If you have any additional questions whilst or after reading, please get in touch with an advisor. To reach them, you can:

Select A Section

  1. Can I Claim For A Work Van Accident?
  2. Examples Of Injuries That Could Be Sustained In A Vehicle Accident
  3. What Evidence Can Support Claims Involving Work Vehicles?
  4. Compensation Payouts For Work Van Accident Claims
  5. Make A Work Vehicle Accident Claim On A No Win No Fee Basis
  6. Find Out More About Accident At Work Claims

Can I Claim For A Work Van Accident?

In order to begin a personal injury claim following a work van accident, you need to be able to demonstrate negligence. This involves the following:

  • A duty of care was owed to you
  • There was a breach of this duty
  • You experienced emotional or physical harm as a result.

Additionally, you need to start your claim within the limitation period laid out in The Limitation Act 1980. This states that generally you have three years to begin your claim from the date of the accident. However, exceptions can apply to some circumstances.

Could I Make A Road Traffic Accident Claim After A Work Van Accident?

Road users owe one another a duty of care under the Road Traffic Act 1988. This requires them to take care to prevent injury to themselves and others when using the roads. Additionally, road users have guidance on the different responsibilities they have in the Highway Code.

A failure to uphold this duty of care could lead to you becoming injured in an accident. For example, another car may crash into the side of you after failing to check their mirrors before filtering onto the motorway. Due to this, you may suffer injuries to your head, back and leg.

In instances where you can prove another road user breached their duty of care and caused you harm, you could seek compensation by making a personal injury claim.

However, the way you may need to make your claim could be impacted by the Whiplash Reform Programme. The changes brought in by this mean that adult passengers and drivers of vehicles with injuries worth £5,000 or less will need to claim in a different way. Also, the value of any whiplash injuries will be valued using the tariff from the Whiplash Injury Regulations 2021.

However, if the total value of your claim is brought over £5,000 then you will claim via the traditional route, but the tariff amounts will still be used to value your whiplash-related injuries. Injuries that can’t be found in the tariff will be valued traditionally.

When Could I Claim Against My Employer?

There are some instances where a claim could be made against your employer if you can prove they were liable for your work van accident. For example, if your employer was aware of a fault with the vehicle but instructed you to drive it anyway, this could lead to you becoming injured in an accident.

You can find out more information on the eligibility criteria for personal injury claims by get in touch on the number above.

Examples Of Injuries That Could Be Sustained In A Vehicle Accident

There are several types of injuries that could be sustained in a vehicle accident. For example:

  • Broken and fractured bones, such as a broken foot, broken hip and fractured leg.
  • Sprains and strains, such as to the soft tissues in the back and neck.
  • Whiplash injuries.
  • Head injuries, such as concussion and brain damage.
  • Spinal cord damage.
  • Cuts and lacerations.
  • Bruises.

Additionally, you may experience psychological harm, such as anxiety, stress and post-traumatic stress disorder.

If you are eligible to make a claim, you could be awarded compensation for the way your injuries have affected your life. Consideration can be given to the severity of your injuries, your future prognosis, the emotional impact, the financial impact and the overall impact your injuries have had on your quality of life.

To find out whether you could have valid grounds to pursue a personal injury claim for a work van accident, get in touch on the number above.

What Evidence Can Support Claims Involving Work Vehicles?

Evidence can be useful in strengthening your work van accident claim. It can demonstrate liability as well as provide details on the injuries you sustained and the way they affected you. You could take the following steps to collect evidence:

  • Take photographs of the accident scene and your injuries.
  • Keep a record of your treatment, and the way your injuries have impacted you.
  • Ask for a copy of your medical records.
  • Gather footage of the accident, such as from a dashcam.
  • Take the contact details of potential witnesses so they can give a statement at a later date.

If you are struggling to build your case, you may benefit from working with a personal injury solicitor from our panel. They can assist you with the different stages of the claims process and ensure your case is put forward in full within the limitation period.

To find out more about the services they can offer, please get in touch using the number at the top of the page.

Compensation Payouts For Work Van Accident Claims

After making a successful personal injury claim, your settlement could potentially comprise two heads of claim. Firstly, you will be awarded compensation for the emotional and physical pain and suffering your injuries have caused you to experience. This is awarded under general damages. 

The Judicial College Guidelines can be used by personal injury lawyers to assign a value to the general damages portion of your settlement. This is a document that contains guideline award brackets.

We have included some of these figures in the table below. These should only be used as a guide.

However, the whiplash injuries in the table are from the tariff mentioned above. These are fixed amounts.

Injury Severity Compensation Notes
Injury Resulting from Brain Damage Very Severe £282,010 to £403,990 The person will require full-time nursing care.
Arm Amputation Loss Of Both Arms £240,790 to £300,000 The injury reduces a person with full awareness to a state of considerable helplessness.
Back Injuries Severe (i) £91,090 to £160,980 Damage to the nerve roots and spinal cord causing very serious consequences, including severe pain and disability.
Hand Injuries Less Serious £14,450 to £29,000 A severe crush injury that causes function to become impaired in a significant way.
Leg Injuries Severe (iv) £27,760 to £39,200 Complicated or multiple fractures typically affecting one limb.
Elbow Injuries Less Severe £15,650 to £32,010 Injuries that lead to an impairment of function but don’t involve any major surgery or significant disability.
Knee Injuries Moderate (i) £14,840 to £26,190 Injuries involving dislocation, torn cartilage or meniscus resulting in future disability of a mild nature.
Ankle Injuries Modest Up to £13,740 Less serious, minor, or undisplaced fractures as well as sprains and ligamentous injuries are included in this bracket.
Whiplash One Or Multiple Whiplash Injuries £4,215 Symptoms last for more than 18 months but no more than 24 months.
Whiplash One Or Multiple Whiplash Injuries With One Or Multiple Psychological Injuries £4,345 Symptoms last for more than 18 months but no more than 24 months.

Special Damages In Personal Injury Claims

Secondly, you could be awarded compensation for the financial losses you have experienced as a result of your injuries. This is awarded under special damages and could compensate you for the cost of:

  • Domestic care
  • Medical care
  • Adaptations made to your home or vehicle
  • Loss of earnings
  • Travel costs

Evidence such as receipts, payslips and invoices could help support your claim for special damages.

To discuss the potential personal injury settlement you could receive following a successful claim, get in touch on the number above.

Make A Work Vehicle Accident Claim On A No Win No Fee Basis

The No Win No Fee solicitors from our panel can offer the following services to assist you when seeking compensation for a work van accident:

  • Helping you gather evidence and build your case
  • Sending updates about your case
  • Valuing your claim
  • Putting forward your claim within the relevant time limit

Additionally, they may offer these services under a Conditional Fee Agreement which is a type of No Win No Fee contract. The terms of this agreement typically mean you won’t need to pay for your solicitor’s work upfront, while your claim proceeds or if your case has an unsuccessful outcome.

If your claim has a successful outcome, you will be required to pay your solicitor a success fee from your compensation. This is a percentage which has a legal cap.

Discuss Your Claim With An Expert

To find out more about the process involved in making a personal injury claim for a work van accident, you can get in touch with an advisor. They can provide further guidance on the eligibility criteria, the time limits and the compensation you could potentially receive should your claim succeed.

For more information:

Find Out More About Accident At Work Claims

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Thank you for reading this guide on when you could be eligible to make a personal injury claim for a work van accident. If you have any other questions, please get in touch using the number above.

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Published by NL