How To Make A Motor Injury Claim For Compensation

Are you looking to get more information about making a motor injury claim? This guide can offer you advice related to the claims process, motor vehicle injuries, and compensation amounts.

Motor injury claims guide

Motor injury claims guide

If you’ve been involved in a car accident, you could sustain a wide range of injuries. Some of these might be relatively minor, such as bruises and scrapes. However, a car accident can also cause a wide range of serious injuries. In some cases, they can even be fatal.

In this guide, we’ll explain to you the process of making a claim of this nature. We will also examine some reforms that could affect the way you make your claim. If you’d like more information, you can get in touch by:

  • Calling us on 0800 408 7825
  • Talking to us through the live chat function at the bottom of this page
  • Contacting us directly through this website

Select A Section

  1. What Is A Motor Injury Claim?
  2. What Are The Most Common Motor Vehicle Accidents?
  3. Will The Whiplash Reform Program Affect My Claim?
  4. How Long Does A Motor Injury Claim Take?
  5. How Do I Prove My Motor Injury Claim?
  6. Motor Injury Claim Compensation Calculator
  7. Start A No Win No Fee Motor Injury Claim
  8. Related Motor Injury Claim Guides

What Is A Motor Injury Claim?

When you make a motor injury claim, it means that you’re pursuing compensation for harm caused to you by a car accident caused by

In any claim, it is important to establish a duty of care, as whoever breaks that duty of care can be found liable for negligence and, in turn, directly causing your injuries. 

Motorists have a duty of care not just to other motorists but cyclists and pedestrians. This duty of care is established in the Road Traffic Act 1988. The actions motorists are expected to take are outlined in the Highway Code.

These include obeying the speed limit, not driving recklessly, and using mirrors and signals appropriately. If a driver breaches this duty of care and you’re injured as a result, you could be eligible to claim. 

You can speak to our advisors today for free legal advice. They’ll be able to tell you more about whether you’re eligible to make a motor vehicle claim.

What Are The Most Common Motor Vehicle Accidents?

In this section, we will look at the different types of road traffic accidents that could result in a motor injury claim. 

Some of the most common accident types that can generally occur include:

  • Being involved in a rear-end collision. This can happen when you have braked, and they have crashed into you from behind. 
  • Side impact collision. These can occur when a motorist changes lanes without looking, hitting the side of their car into another motorist.
  • T-bones. This type of accident happens when a road user pulls out at a junction, and another motorist does not pay attention, colliding with the other vehicle in a T-shaped accident.

These accidents can cause soft tissue damage, bone fractures (such as a fractured sternum or broken hip), and more seriously, brain damage and death.

If you have been involved in a road traffic accident and believe you may be entitled to claim, speak to one of our advisors for more information. 

Will The Whiplash Reform Program Affect My Claim?

The Whiplash Injury Regulations 2021 have changed the way personal injury claims can be made in England and Wales. It means that all claims for drivers and passengers over the age of 18 worth less than £5,000 need to be made through an online portal. This has also reduced the amount of compensation that whiplash injuries are worth.

However, you may still find it useful to have a solicitor work on your claim. They could help you construct your claim and collect evidence.

Furthermore, your injuries might be worth more than you initially assume. For this reason, you might wish to seek out the services of a solicitor to pursue a motor injury claim.

How Long Does A Motor Injury Claim Take?

Two claims are rarely the same. Every case will have its own unique details to consider. There are a number of factors that could affect the length of your claim, including the complexity of your injuries or whether the other party has admitted liability. Generally, claims could take eight months to anywhere over a year, but this can vary. 

Before you make a motor injury claim, be aware of the time limit involved. In personal injury claims, the time limit is generally three years for you to start your claim. This begins when the accident happens or when you become aware that negligence caused your injuries. 

You should start the claim within this time limit, and if you don’t, your claim may be statute-barred. In exceptional circumstances, a judge may allow you to claim outside the time limit.

If you are not sure of how much time you have left to make a claim, speak to one of our advisors immediately. If you have a viable claim that falls within the time limits, they can connect you to a solicitor from our panel. Be quick, however. You may have less time than you think.   

How Do I Prove My Motor Injury Claim?

In most claims, evidence is needed to support your motor injury claim and assure yourself as much compensation as possible. 

If you are involved in a road traffic accident, you should always seek medical attention first. This not only provides evidence that you could use to support your claim, but it also means you have the best chance of making a full recovery.

After this, you should consider gathering evidence to support your case. This can include:

  • CCTV footage
  • Photography
  • Contact details from eyewitness

These can help support your motor injury claim and get you closer to the outcome you deserve. For free legal advice, speak to one of our advisors today.

Motor Injury Claim Compensation Calculator

The above table depicts general damages and the amount of compensation you could get for physical, emotional, or mental injuries.

You’ll attend a medical assessment as part of your claim. This is so the extent of your injuries can be fully assessed. The report from this assessment will be used to work out how much the general damages head of your claim is worth.

Below, we have included some guideline compensation brackets. These have been taken from the Judicial College.

SeverityNature of incidentPossible compensation
Moderate Brain Damage (iii)In which memory and concentration become affected, but dependence on others is limited.£40,410 - £85,150
Chest Injury Where there is damage to the chest and also lungs. Can cause a disability which continues.£29,380 - £51,460
Neck Injury- Severe (iii)This can involve dislocated discs, fractures, or severe soft tissue damage. You may receive more depending on recovery or lack thereof.£42,680 - £52,540
Back Injury- Moderate (i) Can involve a crush fracture to any vertebrae in the lumbar region as well as a constant feeling of pain. There is a change that spinal fusion will be needed.£26,050 - £36,390
Leg Injury- ModerateCan involve multiple fractures or crush injuries, which can lead to degenerative changes and possible surgery in the future,£26,050 - £36,790
Knee Injury- Severe (i)In these cases, there will have been joint disruption and the possibility for osteoathritis to develop. £65,440 - £90,290

There is another head of claim known as special damages. These cover financial losses that have occurred as a result of your claim. 

This can include lost wages and travel fees to and from medical appointments. It is a good idea to keep records of any financial losses, like receipts and payslips, to support your motor injury claim.

Start A No Win No Fee Motor Injury Claim

If you want to start a motor injury claim but are nervous about the cost of a claim, you may be interested in a No Win No Fee agreement.

If you choose to be represented by a solicitor, you can be represented on a No Win No Fee basis. You will not have to pay anything up-front or while your claim is ongoing.

If your claim fails, you will not pay for your solicitor’s fees. In the event of a win, however, you will pay a small percentage of your compensation as a success fee. 

If you would like more information about No Win No Fee or about claims in general, call our advisors today. They can offer free, no-obligation legal advice, and they’re available around the clock to help you with your claim. To find out more, get in touch by:

  • Calling us on 0800 408 7825
  • Talking to us through the live chat function at the bottom of this page
  • Contacting us directly through this website

Related Motor Injury Claim Guides

Fractured Skull Compensation Case Study Guide

Crushed Leg Injury And PTSD Compensation Case Study Guide

Herniated Disc Personal Injury Guide

Request CCTV footage of yourself — A resource describing how to recover CCTV footage of you for use as evidence.

Statutory Sick Pay (SSP) — A guide to what money you may be entitled to if you are unable to work as a result of your injuries.  

Motor Insurer’s Bureau — An organisation that could help you claim if you’re hit by an uninsured driver. 

Thank you for reading our motor injury claim guide.

Article by EC

Publisher ET