You might be able to make a claim if you have been involved in an accident that was caught on a dashcam. However, you must prove that you were injured in this accident due to another user of the road breaching their duty of care.
In this guide, we will explain the duty of care road users owe one another.
Additionally, we will discuss how dashcam footage of the accident could help support you in your claim, alongside other evidence.
We will also share examples of the different types of injuries that could occur in a road traffic accident.
Furthermore, you can contact our advisors today to discuss your potential claim. They are available 24/7 to provide free legal advice and answer your questions.
To discuss your claim with an advisor today, you can:
Select A Section
- Who Could Claim For A Road Accident Caught On A Dashcam?
- What Types Of Road Traffic Accident Could Be Caught On A Dashcam?
- Further Evidence Supporting Road Accident Claims
- Examples Of Road Traffic Accident Settlements
- Get In Touch With A No Win No Fee Solicitor
- More Road Traffic Accident Claim Guides
To make a personal injury claim for a road traffic accident, you must prove the following:
- Another user of the road owed you a duty of care.
- They then breached this duty of care.
- Because of this, you were injured in an accident. This is defined as negligence.
Road users are anyone who uses the road, such as drivers, pedestrians, and cyclists. They all owe each other a duty of care. Per this duty, they must follow the rules of the Highway Code and the Road Traffic Act 1988 to minimise the risks of accidents and encourage road safety.
If a fellow road user were to breach this duty of care, this could result in you being injured in an accident. You could suffer various injuries, such as a broken arm, brain damage, or a sprained wrist.
If you can demonstrate that negligence occurred, you could be awarded compensation to address the harm you suffered and the impact it’s had on your quality of life.
Could Dashcam Footage Help Support My Claim?
If you have been injured in a road traffic accident, and it was caught on a dashcam, this footage could be used as evidence in your claim. It could help prove:
- The type of accident you were involved in, such as a rear-end crash or a head-on collision.
- Liability if the other road user is denying that they were at fault for the accident.
To find out more about when you could be eligible to claim, get in touch using the details provided above. Alternatively, read on to learn about the other evidence that could help to support your case,
Various types of accidents could occur on the road. Below, we have provided examples of some accidents that could be caught on a dashcam:
- A motorcycle accident. For example, your dashcam could capture a car failing to check their mirrors when moving between lanes. This causes them to knock you off your motorcycle.
- A HGV and lorry accident, such as a lorry failing to stop at a red light at a junction, resulting in it crashing into your car.
- A car accident. For example, the car behind you crashing into the back of you as they failed to notice you had come to a stop at a red light.
Do not hesitate to contact our advisors today if you have any questions regarding road traffic accident claims and when you could be eligible to seek compensation.
Dashcam footage could be used alongside other evidence to support your case. For example, you could collect:
- Witness contact information.
- CCTV footage or other videos of the accident.
- A police report (if applicable).
- A copy of your medical records, providing details of your injury and the treatment you received.
Contact our advisors to potentially be connected with a lawyer from our panel who could help you with gathering evidence for your personal injury claim.
General damages is one of the heads of claim that could be included in your settlement following a successful road traffic accident claim. It can compensate you for the pain your injury has caused you.
The table below uses the guideline compensation amounts set out in the Judicial College Guidelines (JCG), published in April 2022. This document assigns different figures to various injuries.
Many legal professionals can refer to the JCG to help them value general damages. As such, we have used these figures in the table below. You should use the figures from the JCG as a guide. However, the last two entries included in the table are from the tariff in the Whiplash Injury Regulations 2021 and are fixed amounts.
|(a) Amputations (iii)
|An amputation of one leg above the knee.
|£104,830 to £137,470
|(b) Severe (iii)
|Serious injuries including those that affect the joints or ligaments as well as compound or comminuted fractures.
|£39,200 to £54,830
|Extremely serious arm injuries, such as a serious brachial plexus injury, that falls short of amputation but leave the person little better off than if it had been.
|£96,160 to £130,930
|Forearm fractures that are simple.
|£6,610 to £19,200
|Less severe injuries that result in ongoing pain due to traumatic arthritis.
|£24,990 to £39,200
|(b) Less Severe
|Impaired elbow function, but the injury doesn’t require major surgery or result in a significant disability.
|£15,650 to £32,010
|(g) Less Serious
|A severe crush injury that will significantly impair the hand’s function.
|£14,450 to £29,000
|(c) Less Severe
|A permanent disability, such as persisting stiffness and pain.
|£12,500 to £24,500
|One whiplash injury or more
|Symptoms last for 18-24 months.
|One whiplash injury or more with one minor psychological injury or more
|Symptoms last for 18-24 months.
Check What Other Compensation You Could Get
You could also be awarded special damages if you have experienced any financial losses due to your injury. Some examples of the financial losses you could be compensated for include:
- Care costs.
- A loss of earnings.
- Medical expenses.
- Travel costs.
To claim these losses back, you must provide evidence of them with bank statements, payslips, invoices or receipts.
The Whiplash Reform Programme
If you are a driver or passenger over 18 years of age and have been involved in a road traffic accident that caused you to sustain injuries valued at £5,000 or less, how you make your claim has changed. This is due to the introduction of the Whiplash Reform Programme. The changes mean your whiplash-related injuries will be valued per the tariff in the Whiplash Injury Regulations 2021.
In some cases, you may still claim in the traditional way. For example, if the total value of your claim is taken over £5,000 due to additional injuries you have sustained, you will claim via the traditional route. However, your whiplash-related injuries will still be valued in line with the legislative tariff. Your other injuries that aren’t covered by the tariff will be valued traditionally.
Contact our advisors today for more information on car accident claim payouts. They can also provide further guidance on the route you can take to claim if you have been injured in an accident and it was caught on a dashcam.
One of our advisors could help inform you whether you may be able to claim. If they believe you could, a car accident lawyer from our panel could be assigned to help you with your case. They have lots of experience handling various personal injury claims. Furthermore, they may offer you a kind of No Win No Fee agreement known as a Conditional Fee Agreement.
Some benefits of working with a No Win No Fee lawyer from our panel include:
- Generally, you don’t have to pay them anything upfront for their services.
- Additionally, you will not be obligated to pay them for their services if the claim is not successful.
- Alternatively, if your claim succeeds, you will pay them a success fee. This is deducted from your compensation award, and the amount the success fee can be is legally capped.
Contact Us To Find Out More
Our friendly team is available 24/7 to answer your questions regarding the road traffic accident claims process. Additionally, they could offer you free legal advice on whether you could make a claim if you have been injured in an accident that was caught on a dashcam.
To learn more, you can:
Below, you can find additional articles by us about road traffic accident claims:
- How to claim compensation for an accident on a public road
- I had a car accident that wasn’t my fault – am I eligible to claim compensation?
- Could I claim if I had a minor car accident?
Contact our advisors if you’ve been involved in an accident that was caught on a dashcam to see whether you could claim.
Article by EO