Car Accident Claims Solicitor – When Could You Claim?

If you’ve been involved in a traffic accident that was caused by the negligence of another road user, you may want to know whether a car accident claims solicitor could help you claim compensation. All road users owe one another a duty of care, and if this is breached, then it can result in accidents causing injuries.

Car accident claims solicitor

Car accident claims solicitor guide

This article will take you through some information on the personal injury compensation you could claim after a road traffic accident. It includes the kinds of cases that could be handled by car accident claim lawyers, the evidence that will be useful in making a personal injury claim of this kind, and how much compensation you could be owed.

Our advisers offer advice based on the details of your personal circumstances, and if they believe the basis for your claim is valid, they may pass you on to a lawyer from our panel to assist with your case. Read on to learn more about the help you could get from a car accident claims solicitor or get in touch with Public Interest Lawyers by:

  • Calling us at 0800 408 7825
  • Contacting us via the live chat feature below
  • Filling in our online contact form with your query

Select A Section

  1. What Is A Car Accident Claim?
  2. Cases Handled By A Car Accident Claims Solicitor
  3. What Evidence Could Your Car Accident Claims Solicitor Need?
  4. How To Claim Personal Injury Compensation For A Car Accident
  5. How Much Compensation For A Car Accident In The UK Could You Claim?
  6. No Win No Fee Car Accident Claims Solicitor

What Is A Car Accident Claim?

In order to bring a car accident claim, you must be able to prove that three conditions have been met:

  1. The person responsible for the incident owed you duty of care. All road users owe each other duty of care under the Road Traffic 1988. The Highway Code contains best practices for road users and some of these are elsewhere supported by pieces of legislation, making them legal requirements.
  2. The other road user was negligent in their duty
  3. An injury was caused as a result of the other road user’s negligence

A breach of duty of care that results in injury is known as negligence. A road traffic accident could involve several different categories of road users. For example:

If you have further questions about claiming personal injury compensation for a traffic accident, contact us. An advisor may be able to connect you with a car accident claims solicitor from our panel. However if you’d like to find out more about the frequently asked questions we receive regarding road traffic accident claims you can click here to get more information.

Cases Handled By A Car Accident Claims Solicitor

There are several ways a road traffic accident could occur because of a road user breaching the duty of care that they owe:

  • A driver becoming distracted by their using their mobile phone
  • Driving under the influence of drugs or alcohol
  • Pulling out from a junction without checking that it’s safe to do so

Some injuries that could result from road accidents include:

If you’ve suffered an injury from a road traffic accident, our advisers could help you determine if another party was at fault. They may put you in touch with a car accident claims solicitor who could assist in claiming personal injury compensation, provided you have a valid case.

Statistics On Car Accidents In The UK

Provisional statistics from the Department for Transport estimated that 27,300 people were killed or seriously injured in road traffic accidents during the year leading up to June 2021. This is a decrease of 13% from the average between 2017 and 2019.

What Evidence Could Your Car Accident Claims Solicitor Need?

In road traffic accident personal injury claims, it is useful to have evidence that will support your claim. For example, you could:

  • Take photographs of the accident before vehicles are moved, but only if it is safe to do so
  • Exchange information with the other road user. This is a legal requirement in accidents that have caused property damage or personal injury
  • Check to see if there is dashcam footage or CCTV recordings showing the accident and obtain this if possible
  • Seek medical care at an A&E or small injuries department. Not only will this ensure you receive attention for any injuries you sustained, but it could also provide useful documentation
  • The contact details for anyone who witnessed the accident take place

A car accident claims solicitor could use this evidence to support your claim for compensation. Speak with one of our advisors today to see if you could be eligible to claim.

How To Claim Personal Injury Compensation For A Car Accident

When seeking personal injury compensation after being injured in a traffic accident that was someone else’s fault, there are a few points to keep in mind:

  • You have 3 years in which to begin your claim.
  • If a child is injured, they have 3 years from the date they turn 18 to begin a claim, or a litigation friend can begin a claim on their behalf at an earlier date, and no time limit applies.
  • If someone does not have the mental capacity to claim, the 3-year time limit will begin in the event that they become able to pursue their own case. Otherwise, the time limit is suspended, and a litigation friend can claim for them.

As mentioned in a previous section, you also need to prove that the other road user was negligent in the duty of care they owe other road users, and that you sustained an injury because of this neglect. If you’d like free legal advice about whether your case is valid, speak with an advisor today.

How Much Compensation For A Car Accident In The UK Could You Claim?

When seeking compensation in a personal injury claim, the settlement you could receive is partly determined by the level of harm you’ve suffered. This is because your compensation can be awarded in two heads. The first of these, general damages, compensates you for the pain and suffering that your injuries have caused.

Legal professionals use a document called the Judicial College Guidelines to help them determine how much your claim could be worth in general damages. Below, we’ve included some of the guideline brackets that could be relevant to your claim:

Injury Type Compensation Bracket Notes
Very Severe Brain Damage (a) £282,010 to £403,990 Injuries in this bracket will result in very little response to the environment as well as limited language and bowel control
Paraplegia (b) £219,070 to £284,260 Compensation for this injury takes into account the level of independence, impact on mental health and ongoing pain
Below-Knee Amputation of Both Legs (ii) £201,490 to £270,100 This bracket is affected by the amount of leg amputated and the level of phantom pain, psychological impact, and success of prosthesis
Above-Knee Amputation of One Leg (iii) £104,830 to £137,470 Compensation will consider factors in the above bracket and risks of developing further problems in the hips, spine and remaining lower joints
Severe Back Injuries (a) (i) £91,090 to £160,980 These injuries involve damage to the spinal cord or nerve roots. Includes severe pain and significant impact on lower organs such as the bladder and bowel
Severe Back Injuries (a) (ii) £74,160 to £88,430 Less severe than the above bracket, but involving significant mobility issues and loss of sensation due to nerve root damage
Loss of One Arm (ii) £109,650 to £130,930 An above-elbow amputation that makes the use of a prosthesis very difficult, or a through-elbow amputation.
Severe Psychiatric Damage (a) £54,830 to £115,730 This bracket takes into account the person’s ability to handle life/work/education responsibilities and effect on relationships
Fractures of the Nose or Nasal Complex (i) £10,640 to £23,130 Includes injuries that will require several surgeries and/or will result in permenant breathing difficulties, damage to airways, or facial deformity
Fractures of the Cheekbones (i) £10,200 to £15,780 Severe fractures that require surgery and include some lasting element such as paraesthesia or disfigurement

The second potential head of claim, called special damages, is intended to compensate you for financial losses incurred as a result of your injury. For example, if you suffered a back injury and can no longer drive a car to work, you could be compensated for bus or taxi fares you had to pay.

It’s important that you provide evidence of special damages where possible in order to make sure you receive the full value of the special damages you’re entitled to. Get in touch with our team today for guidance on the proof you could collect.

Whiplash Reform Programme

The Whiplash Reform Programme, which took effect on 31 May 2021, has changed the way certain low-value injury claims are made. Injuries sustained by drivers or passengers over the age of 18 need to be made through the government’s Official Injury Portal.

Furthermore, these injuries will be valued in line with the tariff amounts from the tariff amounts in the Whiplash Injury Regulations 2021. However, it’s important to be aware that your injuries could be valued in line with these regulations, even if the programme does not state that your claim needs to be made through the Official Injury Portal.

Read on to find out more about how a car accident claims solicitor could help you with your case, and how a No Win No Fee agreement could benefit you when working with one.

No Win No Fee Car Accident Claims Solicitor

You may be considering using a car accident claims solicitor to help you pursue personal injury compensation. However, you might be worried about the cost of securing legal representation.

One of the solicitors from our panel could potentially offer you a type of No Win No Fee Agreement called a Conditional Fee Agreement. Under this agreement, you would generally not have to pay any fees upfront or during the course of your claim.

Instead, you would only have to pay a small percentage of your compensation, and only if your claim is successful. This percentage is capped by law. If your claim is not a success and you’re not awarded compensation, you usually don’t pay your lawyer for their work.

Get in touch with us today to find out more by:

  • Calling us at 0800 408 7825
  • Contacting us via the live chat feature below
  • Filling in our online contact form with your query

Related Vehicle Accident Claims

More guides related to vehicle accident claims:

New Whiplash Claim Rules – Find out if your claim will be affected by the Whiplash Reform Programme

Pedestrian Accidents Involving Vehicles and Cyclists – Information for pedestrians claiming against vehicles or cyclists

Claims Made by Cyclists Against Motorcyclists – A guide for cyclists thinking about claiming for an injury involving a motorcyclist

Some more information you may find useful:

Report A Road Traffic Accident – How and when to report a road traffic accident

First Aid – This is an NHS guide on performing first aid

Statutory Sick Pay – Information about statutory sick pay following an accident or illness

If you have any more questions about using a car accident claims solicitor to make a claim, speak with an advisor today.

Article by OI

Publisher ET