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How To Claim For A Car Crash On The Motorway
By Cat Way. Last Updated 30th September 2024. If you’ve been in a car crash on the motorway, you may be dealing with injuries and all the costs associated with the harm and damage the accident caused. Our guide explains how you could seek compensation should you find that someone else’s negligence caused the collision.
This detailed road traffic accident claim guide explains when it is possible to seek compensation for a motorway crash. We discuss important elements of motorway accident claims, including factors that help decide how a payout is calculated.
Also read on to learn how our solicitors offer expert personal injury claim guidance on a No Win No Fee basis.
Contact us today to discuss your possible claim for a car accident on the motorway. Our consultation service is free and an advisor is available 24/7 to talk you through anything you want to ask about.
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Select A Section
- How To Claim For A Car Crash On The Motorway
- Causes Of Car Crashes On Motorways
- Proving Liability For A Car Crash On The Motorway
- Estimating Payouts For Motorway Accident Claims
- Start A No Win No Fee Claim For A Car Crash On The Motorway
- Learn More About Road Traffic Accident And Injury Claims
How To Claim For A Car Crash On The Motorway
You wondering whether you can make a claim for injuries caused by a car accident on the motorway. However, to make a motorway crash claim, you need to prove that these injuries were the fault of another driver breaching their duty of care.
Every road user owes each other a duty of care on the roads, including motorways. This duty of care requires road users to use roads safely and in a way to prevent anyone from becoming injured. For example, by not speeding or by not operating a car after drinking alcohol.
The Highway Code and the Road Traffic Act 1988 both provide rules and guidance for how each different type of road user should use the road to fulfil their duty of care.
As such, here is the eligibility criteria for road traffic accident claims:
- You were owed a duty of care by another road user, such as a car driving in the lane next to you on the motorway.
- They breached this duty of care. For example, the car driving in the lane next to you on the motorway swerved into the side of your vehicle due to them being under the influence of alcohol.
- This breach consequently led to you sustaining physical and/or psychological injuries.
If you have been injured in a motorway crash and you can prove that each of the above criteria is applicable to you, then please have a chat with our team today.
Time Limits To Claim For A Car Crash On The Motorway
The Limitation Act 1980 sets out the time limits that apply when beginning a personal injury claim. Generally, you get three years from the accident date to start legal proceedings.
There are certain exceptions to these time limits for those who are under 18 or lack the mental capacity to initiate their own claim, if you would like to find out more about this in connection with your potential claim, our advisors can provide you with this information.
What Is The Whiplash Reform Programme?
The introduction of the Whiplash Reform Programme on the 31st of May 2021 altered the way in which whiplash injury claims are brought forward. Compensation for injuries in the case of adult drivers and passengers, which is valued at £5,000 or less, must now be pursued via a different avenue.
The fixed tariff in the Whiplash Injury Regulations 2021 is used to value whiplash injuries.
You would claim traditionally in the case that you have injuries which raise the compensation value above £5,000. However, the whiplash tariff will still be used to value whiplash injuries.
To find out if you have a valid claim for whiplash injury compensation after being involved in a car crash on the motorway, please speak with our team.
Causes Of Car Crashes On Motorways
A car crash on the motorway could occur due to various reasons. Below we will provide some examples:
- Merging traffic – A driver may not carry out the appropriate checks when merging into a different lane and crash into the side of another vehicle.
- Distractions – A driver may be using their phone while driving and not paying attention to the road. They fail to see that you have come to a stop in front of them and they crash into your car from the rear.
- Drink driving – If a person is intoxicated or under the influence of drugs when operating a vehicle on the motorway it could lead to dangerous driving and result in an accident.
To discuss the circumstances of your accident and enquire about your eligibility to make a personal injury claim, please contact us today.
Proving Liability For A Car Crash On The Motorway
Your compensation claim must have evidence that proves another road user was liable for your injuries. Examples of this evidence include:
- Dashcam or CCTV footage – This can show how the accident occurred.
- Witness contact information – Other road users may have seen the crash occur and could provide a supporting statement at a later date.
- Copies of medical records – Detailing the injuries you sustained and any required treatment.
- A diary of your symptoms – Depicting the progression of your injuries and any psychological damage.
You could instruct a car accident solicitor to help you collect and compile evidence.
To learn more about the evidence that can strengthen a road traffic accident claim, just get in touch and chat to an advisor.
Estimating Payouts For Motorway Accident Claims
Compensation you may receive for a successful personal injury claim can comprise of up to two types of damages. The ‘main’ head of loss is called general damages. This can compensate you for the physical and psychological suffering you have experienced due to your injuries.
To help in the process of valuing general damages, legal professionals may refer to the compensation brackets provided by the Judicial College Guidelines (JCG). Some of these guideline compensation brackets can be found in a table that you can see below, as well as figures taken from a tariff located in the Whiplash Injury Regulations 2021.
We’ve also provided a figure in the top row that is not from the JCG or Whiplash Regulations.
Please remember this table is a guide. Compensation depends on the individual details of a claim.
| Injury Type | Severity | Compensation Guidelines |
|---|---|---|
| Multiple injuries that are serious plus special damages | Serious | Up to £1,000,000+ |
| Paralysis | Tetraplegia (a) | £396,140 to £493,000 |
| Paraplegia (b) | £267,340 to £346,890 | |
| Brain Damage | Very severe (a) | £344,150 to £493,000 |
| Moderately severe (b) | £267,340 to £344,150 | |
| Neck Injury | Severe (a) (i) | In the region of £181,020 |
| Moderate (b) (i) | £30,500 to £46,970 | |
| Whiplash injuries | Lasting between 18-24 months. | £4,345 |
| Whiplash injuries and one or more minor psychological injuries | Lasting between 18-24 months. | £4,215 |
How Special Damages Could Also Compensate You
Special damages could also be awarded as part of your settlement. This head of loss is awarded to compensate for expenses incurred because of your injuries.
Some examples of financial losses that you could be compensated for after being injured in a car accident on the motorway include:
- Travel expenses – for example, your injuries may prevent you from being unable to drive, causing you to take taxis to medical appointments. Keeping a receipt of these fares could be used to prove your travel expenses.
- Wage losses – your injuries may leave you unable to work for a long period of time. Therefore, you could experience a loss of earnings. Retain your wage slips as they can be used to prove your lost earnings.
- Medical expenses – you may pay for private treatment for your injuries, or have to pay for medication to alleviate symptoms of your injuries. You can use receipts of these expenses as evidence.
For a free valuation of your potential car crash claim, you can get in touch with our friendly team of advisors today. They may also connect you with one of our No Win No Fee solicitors.
Start A No Win No Fee Claim For A Car Crash On The Motorway
We understand that making a claim for car crash on the motorway can seem stressful, but it doesn’t have to be. When you work with one of our specialist personal injury solicitors, they can use their years of legal experience to guide you through the claims process with as little hassle as possible.
One of our expert legal professionals could help you:
- Collect evidence and prove your claim
- Negotiate the settlement that you deserve
- Communicate with both the Courts and the defendant
- Understand legal jargon and technical terminology
Our specialist car accident on the motorway solicitors work under the terms of a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee agreement. This means that you can access their services without paying any upfront or ongoing fees for their work.
If the claim fails, then your solicitor won’t take payment for their services. If it succeeds, then they’ll take a small percentage of your compensation as their success fee. This percentage is agreed upon before the claim begins, and it’s also capped by law.
Contact Us
Our team of friendly advisors are here to help. If you’d like to learn more about making a personal injury claim on a No Win No Fee basis, get in touch with our team today by:
- Calling us on 0800 073 8804
- Contacting us online
- Using the live chat feature
Learn More About Road Traffic Accident And Injury Claims
Some further guides sharing information on road traffic accident claims:
- The Car Accident Claim Time Limit Explained
- How To Prove An Injury From A Car Accident
- What Causes Neck Pain After A Car Accident?
External sources to explore:
- Road Safety Data – GOV.UK
- Road Safety Laws – THINK!
- Whiplash – NHS
Thank you for reading our guide on when you could be eligible to make a personal injury claim after a car crash on the motorway.
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