Car accident claims exist to compensate those injured on the road because of a negligent driver for both their injuries and financial losses. Car accident injuries can be incredibly serious due to the sudden and high G-force impacts that fast-moving vehicles can create. Injuries can vary from minor injuries, such as a broken finger, to life-altering injuries such as brain damage or paralysis. So, if you have been injured in a car accident that wasn’t your fault, we encourage you to balance the scales and work with our solicitors who are highly experienced in road traffic accident claims.
Here at Public Interest Lawyers, our friendly and highly-trained advisors are available around the clock to help people like you take that first step in starting the claims process. Specifically, they can assist you with various things, including assessing the eligibility of car accident claims, providing compensation estimates and explaining in non-jargon language how the claims process works. When it comes to our solicitors, they will offer their legal services on No Win No Fee terms because they believe in making professional legal help accessible to those who need it. Here at Public Interest Lawyers, we don’t just care about the outcome of your road traffic accident claim; we also care about your overarching health and wellbeing. So, if you are looking for legal representation that genuinely cares about both you and your claim, get in touch with us using the contact details below:
Contact Us
- Call for free on 0800 073 8803
- Contact us online
- If you need a more convenient way to contact us, text us via our live chat.
Jump To A Section
- Can I Make A Car Accident Claim?
- Examples Of Car Accidents Claims
- What Car Accident Injuries Are The Most Common?
- What Are The Whiplash Reforms And How Will They Impact A Car Accident Claim?
- How Much Compensation Do You Get For A Car Accident Claim?
- Should I Accept The Compensation Offered To My By The Liable Party’s Insurer?
- Will I Need To Attend Court If I Pursue Car Accident Compensation?
- The Process For Bringing Car Accident Compensation Claims
- Why Choose Us For Your Car Accident Claim?
- Can I Make A Car Accident Claim On A No Win No Fee Basis?
- Learn More
Can I Make A Car Accident Claim?
You can make a car accident claim if you are able to prove that another person’s negligent actions, such as driving while under the influence, directly caused you to suffer an injury, such as a spinal injury.
To be helpful, we have provided the specific eligibility criteria that you will need to satisfy in order to have a valid car accident claim:
- You were owed a duty of care – Road users have a duty of care to one another while using the roads to use them in a safe manner to prevent damage or injury. This is a legal responsibility to ensure your reasonable health and safety. This duty also requires them to comply with the Road Traffic Act 1988 and the Highway Code.
- The duty of care was breached – A vital element of an eligible claim is that you must be able to show that the duty of care owed to you was breached. For example, another driver was driving under the influence and collided with your vehicle.
- This breach caused you to suffer a car accident injury – To ensure the validity of your car accident claim, you must have sustained an injury, whether it be physical or psychological. For example, when the drunk driver hit you, you suffered a herniated disc and several broken fingers.
Can I Make A Claim If I Was A Passenger?
Yes, you can make a claim if you were a passenger. For more information, please refer to another of our guides on making a passenger injury claim. Dear editor, this has been approved by Joel 🙂
Am I Still Able To Claim If I Was At Fault?
Yes, you are still able to claim if you were at fault, however, any compensation you are entitled to will be influenced by the concept of split liability where both you and another road user share the blame.
More specifically, split liability is when both drivers are partly responsible, resulting in a percentage-based division of fault. An illustration of this would be one driver being 25% at fault and the other 75%.
For more information, head over to our other guide on split liability.
Can I Make A Claim If I Was Not Wearing A Seatbelt?
Yes, you can make a claim if you were not wearing a seatbelt at the time of the accident, if you can prove that someone else’s negligent actions caused you to suffer an injury.
However, any road traffic accident compensation you may receive will be reduced due to contributory negligence. In other words, your compensation will be reduced by the level or percentage to which you were at fault for not wearing your seatbelt.
What If The Other Party Was Uninsured?
If the other driver was uninsured, then as long as they are found to be partially at fault for the accident that took place, you could possibly claim through the Motor Insurers Bureau MIB.
The MIB is a UK-based non-profit organisation that compensates individuals involved in accidents with uninsured or untraceable drivers.
For more information on this, please read our other guide on MIB compensation.
Can I Claim On Behalf Of A Loved One?
Yes, you can claim on behalf of a loved one if they are a minor or a vulnerable adult lacking mental capacity, and you would do so as a litigation friend.
More specifically, a litigation friend is a responsible adult appointed to manage the claim, including decision-making, communication, and representation on behalf of the protected party.
For more information on this topic, please read our other guide on how to make a personal injury claim on behalf of someone else.
Claiming For Fatal Car Accidents
In England and Wales, both the deceased person’s estate and their dependents may be able to claim compensation following a fatal car accident, but it must first be shown that a third party was at least partly at fault. The estate, usually represented by the executor or administrator, can claim for the personal injury the deceased suffered before death, as well as financial losses such as funeral expenses.
Dependants can make a separate claim for the impact the death has had on them. This may include compensation for the loss of financial support, services and other forms of dependency they received from the deceased.
For more information, please take a look at our other guide on fatal car accident compensation.
Do you want to know more about car accident claims before filing your own? Ring us or contact us online. Dear editor, Mel approved not mentioning legislation here 🙂
Examples Of Car Accidents Claims
Car accident claims often involve the following negligent actions:
- Poor observation
- Reckless, aggressive or dangerous driving
- Speeding
- Driving under the influence of drugs or alcohol
- Drivers are ignoring road signs and traffic light signals
- Driving whilst eating or using a mobile phone while driving
If one of the above negligent actions directly caused you to suffer a car accident injury, call us today.
What Car Accident Injuries Are The Most Common?
The most common car accident injuries include whiplash and other neck injuries, back injuries, fractures, soft tissue injuries, head injuries and cuts or bruises. Below, we look at this more comprehensively to give you a clearer idea of what injuries can be claimed for:
- Neck injuries from rear-end collisions
- Muscle sprains, strains and tears
- Head and brain injuries from hitting the wheel, window or seatrest
- Back and spinal cord injuries, ranging from herniated discs to paralysis
- Broken bones sustained in high-speed, high-impact crashes
- Chest injuries from seatbelts and airbags
- Crush injuries to limbs from caved-in dashboards and doors
If you have suffered one of the above types of injuries and you believe another road user is responsible, please connect with an advisor today.
What Are The Whiplash Reforms And How Will They Impact A Car Accident Claim?
The Whiplash Reforms are changes to the way minor injury claims from road traffic accidents are handled in England and Wales. They were introduced to reduce the number of low value whiplash claims and to control motor insurance costs. The reforms mainly affect drivers and passengers who suffer whiplash or minor soft tissue injuries after a car accident. The changes apply to most road traffic accidents that happened on or after 31 May 2021.
Compensation for whiplash injuries is now fixed by a tariff. The amount you receive depends on how long your symptoms last rather than the specific impact on your life. This usually results in lower compensation than under the old system. This applies where the total value of the claim is £5,000 or less for injury compensation. Insurers are no longer allowed to make settlement offers for whiplash injuries without medical evidence. You must have a medical report confirming your injury before compensation can be agreed. Dear editor, this section has been written by Mel and Richie approved me copying and pasting this straight over from my groupchat 🙂
For more information, please read our other guide on will the new whiplash claim rules affect my claim.
Our advisors can provide you with fast and clear guidance on car accident claims, including information on the whiplash reforms. Call us today.
How Much Compensation Do You Get For A Car Accident Claim?
The amount of compensation you get for a car accident claim is dependent on the type of injury you have suffered, the severity and whether you have encountered financial losses.
General damages are a head of loss that compensates claimants for the pain and suffering they have experienced from the physical and psychological effects of the car accident injury sustained by you.
Legal practitioners often use the Judicial College Guidelines (JCG) to calculate general damages, as it provides a comprehensive list of injury types and severities, along with suggested compensation brackets.
We’ve provided you with a table of injuries that might be sustained in a road traffic accident, along with suggested guideline compensation brackets sourced from the JCG. Please note that the top entry has not been taken from the JCG, and we ask that you use the content below as a guide only.
| INJURY | SEVERITY | COMPENSATION BRACKETS |
|---|---|---|
| Multiple Severe Injuries Plus Special Damages | Severe | Up to £1,000,000+ where also awarded special damages including things like private medical treatment, child care costs and travel expenses. |
| Head and Brain | Very Severe - The Need For Full-Time Nursing Care | £344,150 to £493,000 |
| Back | Severe (i) - Damage To the Spinal Cord and Nerve Roots | £111,150 to £196,450 |
| Neck | Severe (i) - Neck Injury Associated With Incomplete Paraplegia | In the region of £181,020 |
| Leg | Above-Knee Amputation of One Leg | £127,930 to £167,760 |
| Bowels | d) - Severe Abdominal Injury Causing Impairment of Function | £54,420 to £85,100 |
| Arm | Injuries Resulting in Permanent and Substantial Disablement | £47,810 to £73,050 |
| Face | Multiple Fractures of Facial Bones | £18,180 to £29,220 |
| Whiplash Tariff | Whiplash injuries and psychological injuries lasting 18 months to 24 months. | £4,345 |
| Whiplash Tariff | A whiplash injury lasting 18-24 months. | £4,215 |
Can Car Accident Claims Compensate For Other Losses?
Yes, car accident claims can also compensate for financial losses caused by your injuries, such as lost wages and future lost earnings, which may be claimed under the head of loss called special damages.
Below are more examples of financial losses that can be compensated:
- Medical expenses
- Care costs
- Travel expenses
- Car adaptations
- Home adaptations
- Damage to your belongings, such as your vehicle
- Rehabilitation and recovery costs
In order to be eligible to receive special damages, you must first prove to your solicitor that you encountered financial impacts because of your injury. The best way to do this is to provide your solicitor with evidence of these costs, including payslips, invoices and receipts.
If you would like to learn more about special damages in relation to car accident claims, please contact us at your earliest convenience.
Should I Accept The Compensation Offered To Me By The Liable Party’s Insurer?
It is not always advisable to accept the first compensation offer made by the liable party’s insurer. Initial offers can sometimes be lower than the amount you may be entitled to, particularly if the full extent of your injuries and financial losses has not yet been assessed.
Before accepting any offer, it can be helpful to seek legal advice to ensure the settlement reflects the true value of your claim. Once an offer is accepted, you usually cannot reopen the claim later, even if your injuries turn out to be more serious than you first thought.
If you decide to work with our solicitors, they will provide you with expert guidance when it comes to accepting or declining offers of compensation. To find out more about this in relation to car accident claims, please phone us for free today.
Will I Need To Attend Court If I Pursue Car Accident Compensation?
No, you will not necessarily need to attend court if you pursue car accident compensation, as most cases settle without the need for a hearing.
That said, some influential factors can increase the likelihood that a judge’s intervention is needed. We’ve provided a couple of these examples below:
- The negotiations ended in failure because the parties involved could not agree on compensation
- The defendant refuses to admit liability or fails to respond
Do you require reassurance on the likelihood of car accident claims going to court? If you connect with an advisor today, we can address any pressing concerns that you may have.
The Process For Bringing Car Accident Compensation Claims
Dear editor, this section has been approved by Joel 🙂
The process for bringing car accident compensation claims involves gathering as much proof as you can to support your case and to start your claim strictly within the legal time limit. We also want to emphasise that prioritising your health is essential, so please seek medical attention as soon as possible.
Below you will find clear and detailed guidance on how to bring car accident claims. We’ll start by explaining how to gather strong evidence.
Will I Need Evidence To Prove Fault For A Car Accident?
Yes, you will need evidence to prove fault for a car accident, such as medical records and photographs of the accident scene, which show that another driver’s negligent actions directly caused you to suffer an injury.
The best way to think of evidence is that it’s the ultimate way to make your car accident claim stronger. The reason for this is that it validates your version of events that a third party is responsible for what happened to you.
To really understand the importance of evidence and how to use it effectively, please visit our other guide on the evidence needed for a personal injury claim.
How Long After A Car Accident Can I Claim Compensation?
The length of time you have to start a car accident to claim is generally 3 years, as per the Limitation Act 1980. This is called the limitation period, and it’s vital you begin your claim within it.
That said, some parties are exempt from this 3-year time limit. For more information on the exemptions, head over to our other guide on what is the limitation period.
Do you need one of our advisors to tell you if your car accident claim falls within the legal time limit? Simply call us today to get an answer.
Why Choose Us For Your Car Accident Claim?
When you contact us, you will be connected to an advisor immediately, who can answer your questions. As part of the service our advisors provide, they will assess your claim’s eligibility for free. If they find that you have a valid claim, they will offer to connect you to our solicitors.
Notably, if you are eligible, you will gain immediate access to a comprehensive list of support services. Below you can find several examples of the services we offer to give you a better understanding of what we do:
Our panel will:
- Fight for the highest car accident compensation possible for your situation, so you can walk away knowing that you secured the justice you deserve
- Communicate with all the relevant parties on your behalf so you can avoid the hassle
- Explain any and all legal terms you come across so you can confidently make decisions about your road traffic accident claim
- Send you regular and detailed updates, so you know at all times how things are progressing
- Ensure that the appropriate private medical treatment and rehabilitation are made accessible to you during your recovery
If you believe you would benefit from these services, please get in touch with our advisors at no cost. They’re here to help you feel both informed and supported at this early stage.
Can I Make A Car Accident Claim On A No Win No Fee Basis?
Yes, you can make a car accident claim on a No Win No Fee basis via a Conditional Fee Agreement (CFA) contract. Please have a look below to see what this entails:
- No solicitors’ fees if your car accident claim fails
- No solicitors’ fees while your claim is ongoing
- No upfront solicitors’ fees
If your personal injury claim wins, you will be expected to pay a success fee. This is a small fee paid directly from your road traffic accident compensation. We want to reassure you that this is a capped percentage, as set out in the Conditional Fee Agreements Order 2013.
Don’t worry, all the details of this particular funding option will be explained to you thoroughly before the road traffic accident claims process starts.
We want you to know that we are only one phone call away. We have helped claimants across the country, and we’re ready to help you. You just need to take the first step. You can reach us using the contact details below:
Contact Public Interest Lawyers
- Call for free on 0800 073 8803
- Contact us online
- If things are a little hectic right now, benefit from the convenience of texting us on our live chat feature
Learn More
Here you will find more guides by us:
- Read our guide on the average compensation for a car accident.
- Have a read of our guide on claiming for a car accident on ice.
- Take a look at our guide on claiming for a minor car accident.
These external resources will broaden your knowledge and research:
- Request CCTV footage of yourself from GOV.UK.
- Check out your eligibility for Statutory Sick Pay (SSP).
- Here, you will find guidance on collisions from the Metropolitan Police.
Thank you for taking the time to read our guide on car accident claims.