Have you been injured in a car accident? If you have, and another road user was at fault, you could be entitled to claim compensation. In this guide, we cover everything you need to know about car accident claims and how you could possibly begin one today.
What You Need To Know
- If negligence occurred, you can begin a car accident injury claim with us.
- You could be compensated for your physical, psychological, and financial suffering.
- Typically, you have 3 years to claim compensation following your accident.
- You can make a car accident claim even if you’re partly at fault.
- If you connect with one of the No Win No Fee solicitors from our panel, there are zero upfront or ongoing solicitor fees to pay.
Our panel of specialist road traffic accident solicitors have years of experience in achieving the best possible results for their clients. They work tirelessly, on a No Win No Fee basis, to make the car accident claims process as smooth as possible. If you believe you may be eligible for compensation, why not find out for free today by having a chat with us:
- Call 0800 408 7825.
- Fill out our ‘Contact Us’ page.
- Pop a message in our on-screen live chat box.
Jump To A Section
- What Are Car Accident Claims?
- Could I Make A Car Accident Claim For My Injuries?
- The Most Common Causes Of Car Accidents
- The New Whiplash Regulations
- How Can I Claim If The Other Driver Is Untraceable Or Uninsured?
- How Much Compensation Could I Get For My Claim?
- What Factors Determine How Compensation Is Calculated?
- What Is The Car Accident Claims Time Limit?
- Do I Need Evidence To Support My Claim?
- Will I Have To Go To Court Over My Road Accident Claim?
- How Long Will It Take Until My Claim Is Settled?
- Do I Need A Solicitor To Make A Car Accident Claim?
- Free Advice From Public Interest Lawyers
- More Information
What Are Car Accident Claims?
Car accident claims are a type of personal injury claim when you seek compensation for being injured in a car accident that was another road user’s fault. This can be for any physical or psychological injuries suffered.
Continue reading our guide to see when you may have an eligible claim. You can also contact our advisors to discuss your case.
Could I Make A Car Accident Claim For My Injuries?
You can make a car accident claim if negligence occurred. Negligence is when:
- A road user owed you a duty of care.
- This duty of care was breached because the road user didn’t follow road safety rules.
- As a result of this breach, you suffered an injury.
All road users owe a duty of care to each other. This means that all road users are obliged to follow the rules in The Highway Code and the Road Traffic Act 1988 in order to ensure each other’s (and their own) safety when on the road.
What If I Wasn’t Wearing A Seatbelt?
If you weren’t wearing a seatbelt when the car accident happened, you can still claim compensation as long as negligence still occurred.
If you have contributed to the severity of your injuries, this is known as contributory negligence. For example, although you were not responsible for the accident that caused your injuries, they may have been less severe had you been wearing your seatbelt.
Under the Law Reform (Contributory Negligence) Act 1945, if contributory negligence is proven, then a percentage of your compensation may be deduced. This can be any percentage, depending on how liable you are.
For example, if you are 50% at fault for your injuries, then 50% of the compensation may be deducted. Likewise, if you are only 20% at fault for your injuries, then 20% of the compensation may be deducted, and so on.
What If I Was Partly To Blame For My Accident?
Similarly to the above, you can still claim compensation even if you are partly responsible for the accident happening, as long as negligence still occurred. For example, you and another car crash when trying to merge due to you both being distracted by your phones.
If you have contributed to the accident happening, this is known as split liability.
In split liability car accident claims, a percentage of your compensation may be deduced. This can be any percentage, depending on how liable you are.
For example, if you are 40% liable for the accident happening, then 40% of the compensation may be deducted, and so on.
If you believe you are partly at fault for a car accident, or even if you believe you are not at fault at all, please contact us today. We can confirm your claim eligibility based on your circumstances.
What If I Was A Passenger In One Of The Vehicles?
If you were a passenger of a vehicle that was involved in an accident on the road, you can still make a claim if you can prove there was a breach of duty of care, and you’ve suffered injuries from this.
Who you would make your claim against would depend on who breached their duty of care. This could be the driver of the car you were in, or another road user.
Please contact us today if you wish to make a passenger injury claim.
Can I Claim For Somebody Else?
In some circumstances, you can step in as a litigation friend and make a car accident claim on behalf of somebody else.
These circumstances only apply if the claimant is:
- Under 18.
- Mentally incapacitated.
However, you only have until the claimant either turns 18 or recovers their mental capacity to step in and make a claim for them.
For more information on this, or the car accident claims process, please contact us today.
The Most Common Causes Of Car Accidents
According to the Government statistics, there were 89,609 casualties from reported road collisions in 2023 in Great Britain, where there were contributory factors.
Of these casualties, here are some of the most common human causes:
- Failing to look properly – 29,091 casualties – for example, pulling out of a junction too early in front of an oncoming car.
- Careless or reckless behaviour – 17,888 casualties – for example, overtaking where it was dangerous to do so.
- Exceeding the speed limit – 7,757 casualties.
- Impaired by alcohol – 5,827 casualties.
- Following too close to the vehicle in front – 4,157 casualties.
- Disobeying ‘give way’ or ‘stop’ signs – 2,880 casualties.
- Fatigue – 1,921 casualties.
- Disobeying automatic traffic signals – 1,681 casualties – for example, driving through a red light.
- Using mobile phones at the wheel – 665 casualties.
- Disobeying pedestrian crossing facilities – 349 casualties – for example, not stopping at a zebra crossing when a pedestrian is crossing.
As these are just some examples of how a road user could breach their duty of care and cause an injury, please don’t worry if the cause of your car accident hasn’t been listed above. You can have a chat with us about your specific circumstances to confirm whether you’re eligible for road traffic accident compensation.
The New Whiplash Regulations
The way some road traffic accident claims are made have been changed by The Whiplash Reform Programme for England and Wales.
If you meet the following criteria, any whiplash injuries you have suffered from a car accident are now valued by the tariffs in the Whiplash Injury Regulations 2021:
- You were a passenger or driver of a vehicle when you were injured.
- You’re 18+.
- Your injuries are valued at £5,000 or less.
If you’ve suffered any injuries that are not in this tariff, they will be valued the usual way. Additionally, while your whiplash injuries will be valued by the tariffs no matter what, if your other injuries combined have a total value exceeding £5,000, then your car accident claim will also be made the usual way.
Please contact us today if you have suffered whiplash from a car accident to see how we could help you.
How Can I Claim If The Other Driver Is Untraceable Or Uninsured?
If you’ve been in a hit and run car accident, or were hit by an uninsured driver, you can claim through the Motor Insurer’s Bureau (MIB).
The MIB is an organisation that compensates those who have been injured by a liable uninsured or untraced driver in a road traffic accident. However, you will still need to ensure your case meets the claiming criteria we set out above
For more information on car accident claims made through the MIB, you can contact our advisors.
How Much Compensation Could I Get For My Claim?
If you have a successful car accident claim, how much compensation you could potentially get depends on two heads of claim:
- General damages – this compensates you for how your injury has physically and psychologically affected you.
- Special damages – this compensates you for how your injury has financially affected you.
Guideline Compensation Table
To create this table, we have taken some figures from the Judicial College Guidelines (JCG) for different injuries that could potentially be suffered in a car accident. The JCG is a publication containing guideline compensation figures for a variety of injuries and illnesses and may be used when your general damages are being calculated.
Please only use this table as a guide, as none of these figures can be guaranteed. Also, the top figure is not from the JCG.
| Type of injury | Severity | Guideline compensation figure |
|---|---|---|
| Multiple very severe injuries plus special damages | Severe | Up to £1,000,000+ |
| Brain damage | Very severe (a) | £344,150 to £493,000 |
| Less severe (d) | £18,700 to £52,550 | |
| Back | Severe (a)(i) | £111,150 to £196,450 |
| Minor (c)(i) | £9,630 to £15,260 | |
| Neck | Severe (a)(i) | In the region of £181,020 |
| Moderate (c)(iii) | £9,630 to £16,770 | |
| Pelvis and hips | Severe (a)(i) | £95,680 to £159,770 |
| Moderate (b)(ii) | £15,370 to £32,450 | |
| Whiplash + psychological injuries | Lasting 18-24 months | £4,345 |
| Whiplash inhuries | Lasting 18-24 months | £4,215 |
All car accident claims are unique. So, for a more accurate estimation of how much compensation could potentially be awarded for your specific injuries, please contact us today.
What Factors Determine How Compensation Is Calculated?
Under general damages, these are just some factors that are considered:
- Loss of amenity, otherwise known as loss of enjoyment. For example, if you are unable to participate in your usual hobbies due to your injury.
- The prognosis.
- How severe the pain is.
When valuing general damages, your solicitor may ask you to attend an independent medical assessment. They can then use the reports made from this assessment, along with the JCG, to help them calculate an accurate and fair general damages figure.
Under special damages, here are some financial losses you could be reimbursed for:
- Loss of earnings if your injuries have stopped you from working.
- Different medical expenses, such as prescriptions.
- Property damage costs, such as repairs to your car.
- Care costs, either professional or from a family member or friend.
- Travel expenses, such as taxis to medical appointments.
When special damages are being valued, you must provide evidence through bank statements, invoices, payslips, and receipts.
The UK Police’s Five Categories Of Classification
Most police constabularies in the UK classify the severity of road traffic injuries into 5 categories:
- Fatality.
- Very serious – for example, internal injuries, multiple severe injuries combined with unconsciousness, broken spine or neck, severe brain damage.
- Moderately serious – for example, deep penetrating lacerations, fractured pelvis or thigh, chest injuries.
- Less serious – for example, fractured collarbone, arm, hand, ankle, foot, or leg, minor brain damage.
- Slight – for example, whiplash, soft-tissue sprains, shallow cuts, bruising.
You could make a car accident claim no matter how minor or serious your road traffic injuries are. Please contact us today if you’ve been injured on the road.
What Is The Car Accident Claims Time Limit?
The car accident claims time limit is usually 3 years, as per the Limitation Act 1980.
As previously mentioned, minors and those lacking the mental capacity cannot make their own claim. If a litigation friend has not stepped in before the claimant either:
- Turns 18.
- Recovers their mental capacity.
Then the 3-year time limit will commence for the claimant either from:
- The date of their 18th birthday.
- The date they gained their full mental capacity.
Please contact us at a time that best suits you to ensure your potential car accident claim is made within the time limit.
Do I Need Evidence To Support My Claim?
Yes, you will need evidence when making a car accident claim. Evidence is vital in determining whether negligence occurred.
We recommend you try and gather the following types of evidence to support your claim:
- Dash-cam or CCTV footage of the accident.
- Insurance and vehicle details of the other road user involved.
- Recordings of the date, time, and location of the accident.
- Contact details from witnesses. Further down the line in the claims process, they could be asked to provide a statement.
- A copy of your medical records that show in what way you were injured from the accident.
- Photos of the accident scene, your injuries, and damage to your vehicle.
- Recordings of your treatment and symptoms.
It can seem daunting to have to collect all of your evidence by yourself. If you connect with one of the specialist solicitors from our panel, they can collect your evidence as part of their services. Contact our advisors today to learn more.
Will I Have To Go To Court Over My Road Accident Claim?
No, it is unlikely that you will have to go to court with your claim. This is because most car accident claims are settled before this stage. Various factors can affect whether your claim needs to go to court, such as:
- If liability is being denied.
- If a compensation settlement cannot be agreed upon.
- The severity of the case.
How Long Will It Take Until My Claim Is Settled?
The length of time it takes to settle a car accident claim is case-dependent. There are many factors that can affect how long car accident claims take, such as:
- How quick the defendant responds.
- The complexity of the circumstances.
- Whether the defendant disputes or admits liability.
- The severity of your injuries. The more severe your injuries, the longer the claim may take.
- How quickly evidence is gathered.
- Whether the claim is taken to court or not.
Whether your car accident claim takes a few months or a couple of years to settle, we will be there with you through every step of the way. To find out whether we can help you claim compensation, please contact us today.
Do I Need A Solicitor To Make A Car Accident Claim?
You don’t legally have to instruct a solicitor to help you make a car accident claim. However, having a solicitor by your side is the best course of action. This is because they have years of legal experience and can make the claims process significantly easier for you, especially if you’ve never pursued compensation before.
A car accident solicitor can ensure that:
- Your legal rights are upheld.
- Your claim is prepared, submitted, and pursued correctly and on time.
- The defendant’s insurer handles your claim correctly.
- The settlement is fair and just, covering all of your losses and costs.
In particular, here are some of the services our panel of No Win No Fee solicitors provide:
- Help with gathering evidence.
- Communicating on your behalf with the defendant and their insurer.
- Sorting out legal representation if the claim ends up being taken to court.
- They’ll inform you of any updates with the claims process.
If you’ve been injured due to the negligent actions of another road user, you shouldn’t have to go through all the complications of the claims process by yourself. Let us help you make a car accident claim today – our panel can take on all of the hard work for you so you can relax and focus on your recovery.
Should I Accept An Early Compensation Offer From The Other Party’s Insurer?
You shouldn’t accept an early compensation offer from the liable party’s insurer until you seek legal advice. You should always be cautious. This is because insurance companies often make an early compensation offer as they want to settle the claim quickly and at less cost to them. Therefore, the offer may be undervalued, and you don’t want to run the risk of obtaining a smaller settlement.
This is another reason why it’s best to have a specialist solicitor from our panel help you. They will ensure that your compensation is fair and at the maximum it can be. Talk to us today before accepting any compensation offer.
Free Advice From Public Interest Lawyers
It is free to contact us and to confirm your car accident claim eligibility. If you are eligible for road traffic accident compensation, you can connect with a specialist No Win No Fee solicitor from our panel.
Our panel provide their services through a Conditional Fee Agreement (CFA), which means their services are free:
- Before the claim begins.
- Throughout the entire claims process.
- If the claim is unsuccessful.
If the claim succeeds, you still aren’t charged for their services directly from your pocket. Your solicitor will keep a minor percentage of your compensation instead. This minor percentage has a legal cap on it to ensure your financial security and is called the ‘success fee’.
Contact Us
Please feel free to contact us today at a time that suits you. Our panel have helped thousands of claimants with their car accident claims, and they can potentially help you too. Simply:
- Call 0800 408 7825. Or,
- Fill out our ‘Contact Us’ page. Or,
- Pop a message in our on-screen live chat box.
More Information
Some more of our personal injury claim guides can be found here:
- Changes to The Highway Code you should be aware of when making a personal injury claim.
- How to make a claim if your child got hit by a car.
- How to claim for anxiety after a car accident.
Alternatively, these pages might have some useful information for you:
- THINK! – road safety advice for road users.
- Police.UK – report a road traffic incident with the police.
- NHS – how to obtain your GP health records.
Thank you for reading this guide all about car accident claims. Please remember that our contact services are free to use and live 24/7 should you have a claim enquiry.
