As you may know, if you’re injured in a car crash that wasn’t your fault, you could be compensated for your suffering. Usually, claims for car crash compensation are made against the responsible party’s insurance policy.
To be successful, you’ll need to prove exactly why their client is to blame for the injuries you’ve sustained. This can be a tricky experience and it’s why many people turn to personal injury lawyers to help them make a claim.
If you’ve been injured in a car crash that was not your fault, this article will explain your options. We’ll look at how car crashes happen, when you could claim against the other party and how much compensation might be awarded.
If you are thinking about claiming for injuries sustained in a car accident, we can help. Our advisors offer free legal advice and will review the merits of your claim in a no-obligation consultation. If there are grounds to proceed, we could appoint a lawyer from our panel to help. They all work on a No Win No Fee basis.
To begin your car crash claim today, why not call our advisors on 0800 408 7825? Alternatively, please continue reading to find out more about claiming for injuries sustained in a road traffic accident.
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- Car Crash Compensation Claims Explained
- What Causes Car Crashes?
- What Is The Most Common Injury In A Car Accident?
- How Long Does A Car Crash Compensation Claim Take?
- The Car Crash Compensation Process Explained
- How Much Car Crash Compensation Could I Claim?
- Contact A No Win No Fee Car Crash Compensation Solicitor
- Quick Links
Car Crash Compensation Claims Explained
If you are looking to claim compensation following a car accident, a personal injury lawyer would need to verify that you have a good chance of success before accepting your case. The general criteria for personal injury claims are that:
- The responsible party (the defendant) owed you (the claimant) a duty of care; and
- They breached this duty, causing an accident; and
- You suffered an injury or injuries because of this.
All road users have a responsibility to use the roads with standard care and skill under The Highway Code. This means that they have a duty of care not to risk your health and safety by poor use of the roads.
Due to the Whiplash Reforms, if you suffer an injury that is valued at less than £5,000, you would need to claim compensation through their online portal. However, we would always suggest you contact us for your free consultation because, until your case has been reviewed, it’s difficult to determine how much car crash compensation you might be due.
What Causes Car Crashes?
Let’s now take a look at some of the common reasons why road traffic accidents could lead to compensation. Remember, to be eligible to claim, you’ll need to have been injured in an accident that was caused by somebody else’s negligence. The types of negligence could include accidents caused by:
- The other driver being distracted (using a mobile phone or radio while driving, for example).
- Excessive speed.
- Reckless and dangerous driving.
What Is The Most Common Injury In A Car Accident?
Car crashes can lead to a varying range of injuries. While some can be life-changing or even fatal, others can be less serious but still lead to months of misery. Some of the most common injuries that result in car crash claims include:
- Head injuries, including concussion.
- Broken bones and fractures.
- Neck injuries including whiplash.
- Cuts, bruises or lacerations.
- Leg, foot or ankle injuries.
- Back injuries.
- Soft tissue damage (ligaments, tendons, muscles etc.).
How Long Does A Car Crash Compensation Claim Take?
The process for car crash compensation claims could vary, depending on whether the defendant admits liability for the accident for example. We’ll provide information on how evidence can help with this in the next section.
If they do take the blame for your accident and your injuries, the claim could be settled within around 6 to 9 months. Where additional negotiation is required, the claims process can take longer. However, each claim is unique so it’s important to speak to a legal professional for clear answers on your specific case.
Personal Injury Claim Time Limits
Something else to consider is that there are time limits for making car crash claims. For adult claimants, this is generally a 3-year period. For most car accident claims, this time limit could start from the date the accident and injuries happened.
The time limit is frozen for claims involving children (under-18-year-olds). Instead, a responsible adult (parents or guardians, for example) can become their litigation friend and represent them at any point before their 18th birthday.
If nobody’s made a claim on the child’s behalf then, from their 18th birthday, the person would have 3 years to claim.
If someone lacks the mental capacity to claim, a litigation friend could do so on their behalf. However, if that person recovers capacity, they’d have 3 years to claim from the date of recovery.
The Car Crash Compensation Process Explained
As mentioned earlier, most compensation claims for injuries caused by car accidents are dealt with by insurance companies. They will not pay a penny if you can’t show how their client caused the accident and that your injuries were sustained as a result. Therefore, you’ll need evidence.
Following any type of road traffic accident, we’d suggest that you:
- Photograph the crash. If it is safe to do so, we’d advise you to take pictures before anything is moved from the scene.
- Swap details with the other driver. When doing so, take details of their vehicle, contact details and insurance company details. Avoid saying anything that could be seen as an admission of guilt.
- Get treated. If you’re not taken to the hospital in an ambulance, make your own way there or to the appropriate healthcare facility. Any injuries and treatment will then be documented in your medical records which could be used as evidence.
- Get dashcam footage. If your vehicle has a dashcam, secure the footage of your accident. If other vehicles have a camera, ask for a copy of their recordings too.
- Note any witnesses. Ask any witnesses to the accident for their contact details. Once you have them, your personal injury lawyer could contact them later on if statements are needed.
Once you have as much evidence as possible, your next step could be to contact our advisors. They’ll be able to go through everything with you to see if you have enough evidence to proceed to a car crash compensation claim.
How Much Car Crash Compensation Could I Claim?
Let’s now look at how much compensation might be awarded if you make a successful car crash claim. To help do this, we have added a compensation table below that uses award figures from the Judicial College. The same compensation ranges are used by solicitors and insurers to help set settlement levels.
|Type Of Injury||Severity Level||Compensation Range||Further Information|
|Head||Minor||£2,070 to £11,980||Head injuries where there is only minimal (or no) brain damage.|
|Neck||Moderate (ii)||£12,900 to £23,460||This bracket includes severe injuries causing cervical spondylosis, severely limited movement or permanent/recurring pain.|
|Back||Severe (iii)||£36,390 to £65,440||Fractured discs in the back where, even after treatment, severe pain, impaired agility or other disabilities remain.|
|Shoulder||Minor (i)||£4,080 to £7,410||This is a category for soft tissue injuries to the shoulder that result in a lot of pain but recover almost fully in less than two years.|
|Pelvis||Moderate (i)||£24,950 to £36,770||Covers significant injuries but where the permanent disability (if any) is not major.|
|Leg||Severe (i)||£90,320 to £127,530||Covers the most serious leg injuries that are just short of requiring amputation.|
|Knee||Severe (ii)||£48,920 to £65,440||Injuries such as leg fractures that extend into the knee and result in limited movement, constant and permanent pain and leave the claimant prone to osteoarthritis.|
To help ascertain the extent of your injuries, a medical assessment is required during your claim. This is something that can be booked locally by your solicitor. Your meeting will be conducted by an independent medical professional who’ll review your injuries and prepare a report detailing your prognosis.
Compensation for injuries (whether mental or physical) is known as general damages.
In addition to claiming for your injuries, if you’ve had to spend any money because of them, you could recover it. The special damages element of your claim could allow you to claim for damage to your personal property, medical costs, travel costs, lost earnings and care costs amongst other things.
Contact A No Win No Fee Car Crash Compensation Solicitor
We hope this article has made it clear when car crash compensation can be claimed. If you’d like the support of a solicitor to help you claim, our panel of personal injury lawyers offer a No Win No Fee service. But what does that mean?
Well, if a lawyer from our panel agrees to represent you, they’ll send you a Conditional Fee Agreement (CFA). (It’s also known as a No Win No Fee agreement.) This will explain the success fee you’ll pay if they win your case.
Success fees are a small percentage that’s deducted from your compensation if your case is won. Funding your case with a CFA means you don’t need to pay any lawyer’s fees upfront or while the claim is ongoing.
To find out if a lawyer from our panel could help you to claim car crash compensation, you can:
- Call our advisors on 0800 408 7825 for free legal advice.
- Connect with us via live chat.
- Ask us to contact you at a convenient time using this contact form.
Motor Insurers’ Bureau – An organisation you could claim through for uninsured driver claims.
Whiplash Reforms – Information from the government on the process for low-value claims.
Sprains And Strains – NHS advice on dealing with some soft tissue injuries.
Personal Injury Claims – Our guide on other types of claims that we could help with.
Passenger Injuries – Information on claiming if you’ve been injured as a passenger in a car crash.
Cycling Accident Claims – Details on claiming if you’ve been knocked off your bike by another road user.
We also have some other guides you may find useful:
- Public accident claims hot spots
- Council slip and trip accidents
- Public transport accidents
- How to make a public liability claim
- Making a claim against the council
- Claiming for a pothole injury
- Making a claim against a shop
- Accidents in a public park
- Cycling accident claims
- Claiming for injuries suffered while shopping
Thank you for reading this article on car crash compensation claims.
Article by RA