A Guide To Making A Car Accident Claim

By Stephen Hudson. Last Updated 3rd October 2024. Welcome to our comprehensive guide on making a car accident claim. Road traffic accidents are a regular occurrence in the UK, as we discuss further in this guide. The impact they can have ranges from minor property damage to significant injuries that can affect a person for a long time. Read on for clear guidance on when and how you can claim compensation for the effects of a car accident.

We answer a number of commonly asked questions about road traffic accident claims, including:

• Can I claim if I was partly at fault for the accident?
• How much compensation could I receive?
• What do I do if the other driver had no insurance or didn’t stop?

You can also learn about the work our expert personal injury solicitors do throughout the claims process and how they could help you claim on a No Win No Fee basis.

As well as providing this detailed summary of car accident claims, we also provide a free consultation service. Learn more about anything in this guide and have your potential case evaluated by a helpful advisor by choosing one of these options:

• Calling our 24/7 helpline on 0800 073 8804.
• Staying online to contact us and request a call.
• Using the live support feature in the bottom-left of your screen.

Select A Section

1. What Is A Car Accident Claim?
2. Can I Make A Car Accident Claim?
3. How Often Do Car Accidents Happen?
4. Can I Claim For A Car Accident That Was Partly My Fault?
5. How Long Do I Have To Claim Car Accident Compensation?
6. Can I Make A Car Accident Claim On Someone Else’s Behalf?
7. How Is Compensation For Whiplash Calculated?
8. Can I Claim For The Long Term Impact Of Car Accidents?
9. How Much Compensation Could You Get For Car Accident Injuries?
10. What Do I Need To Make A Car Accident Injury Claim?
11. Can I Make A Claim Against An Uninsured Driver?
12. How Long Does It Take To Claim For A Car Accident?
13. What Are The Benefits Of Using No Win No Fee Car Accident Solicitors?
14. More Resources About Claiming For A Road Traffic Accident

What Is A Car Accident Claim?

Car accidents can happen for many different reasons, but a personal injury claim after a car accident is only possible when someone else’s negligence was at least partially the reason it happened.

Road users must travel in a way that prevents themselves and others from being involved in an accident. The best way to uphold this duty of care is to follow the rules and guidance found in the Road Traffic Act 1988 (RTA) and the Highway Code.

It is possible to make a personal injury claim for car accident compensation if you can show that:

• Another road user owed you a duty of care.
• They did not follow the RTA and the Highway Code, breaching this duty as a result. For example, they may have driven at excessive speed. We discuss examples of a breach in the next section.
• This led to a road traffic accident where you suffered physical and/or psychological harm.

You don’t have to guess whether you’re able to make a car accident injury claim. Here at Legal Expert, we provide a bespoke claim evaluation service that is completely free. All you need to do is call us or open the live chat service, share a few details, and let an advisor assess your potential case.

Can I Make A Car Accident Claim?

You might be wondering what situations typically lead to car crash claims. These scenarios are all examples of car accidents where an injured party was not at fault and could sue another road user:

• Another driver comes out of a junction when you have right of way, causing a T-bone accident that leaves you with crush injuries.
• A drunk driver causes a crash on the motorway that leads to you suffering serious injuries.
• Because of careless driving by a person who is looking at their phone and not the road, you suffer whiplash when they do not stop and hit your car in a rear-end collision.
• Another road user greatly exceeds the legal speed limit and loses control. They collide with your vehicle. The injuries sustained include minor head injuries and a back injury.

You may be able to make a claim for injuries suffered in a car accident that was someone else’s fault. Call today for a straightforward consultation where there’s no obligation to claim, even if you have a valid case.

How Often Do Car Accidents Happen?

In May 2024, the Department for Transport published provisional road casualty figures for 2023. They highlighted just how commonplace road traffic accidents are in Great Britain.

132,063 road casualties were reported across 2023. This averages out at around 362 per day. The Met Police alone counted 25,933 cases, or 71 per day in Greater London.

The vast majority of casualties affected car occupants. Drivers and passengers were injured 72,155 times, over three times more than any users of vehicles involved in road traffic accidents.

While more than three quarters of affected people were rated as having been slightly injured, a further 29,643 road users were killed or seriously injured in 2023.

If you are among those who have suffered injuries on the road, you may be able to make a car accident claim. Call now to learn how our car accident solicitors are helping claimants get the compensation they deserve.

Can I Claim For A Car Accident That Was Partly My Fault?

A car accident might not be entirely someone else’s fault. Claiming car accident compensation is still possible in these situations. You could make a split liability claim, which is where both parties admit that they were partially at fault and claim a percentage of the compensation typically awarded for injuries. How much compensation you receive in such cases depends on how responsible you are for the injuries you suffered.

In such cases, it may help to have an experienced road accident claim solicitor on your side to argue for the best possible settlement. By calling today, you can find out if one of our solicitors could represent you in a split liability case.

How Long Do I Have To Claim Car Accident Compensation?

The general time limit for a personal injury claim, as set out by The Limitation Act 1980, is three years from the accident date. This means that your car accident claim must begin within three years of the incident occurring.

An exception might be granted by the courts in certain cases. For example:

• Someone without the mental capacity to handle their own affairs has an indefinitely paused limitation period. The typical three-year limit only comes into effect from their recovery date, if they are able to recover.
• A minor under the age of 18 cannot claim for themselves. They can start a claim once they turn 18, but the time limit expires on their 21st birthday.

Our advisors can help you identify the likely limitation period for your road traffic accident claim. All you need to do is call or use our live chat service and provide a few simple details.

Can I Make A Car Accident Claim On Someone Else’s Behalf?

So far we have discussed personal injury compensation claims you might make for injuries you’ve suffered yourself. However, it is also possible to claim on behalf of someone else. There are two reasons why you might do this:

• You are the executor of a loved one’s estate and are claiming for a fatal accident they suffered on the road.
• You are acting as a litigation friend, meaning a trusted person appointed by the courts to handle a claim on another person’s behalf.

In the previous section, we highlighted that minors and people without the mental faculty to claim have their time limit paused. During that pause, a litigation friend can step in to handle proceedings for them, meaning that they do not need to wait until their window to claim opens.

Typically, a litigation friend will be a friend or a family member. However, anyone can be appointed if they can make fair, competent decisions about the case and do not have a conflict of interest with the claimant.

If you’re thinking about being a litigation friend for someone, call today for free and useful guidance on what steps you should take.

How Is Compensation For Whiplash Calculated?

If you’re suffering persistent neck pain after a car accident, then you may be suffering from whiplash injuries.

Whiplash is a neck injury caused by sudden head movement and may cause symptoms for a few months, although some experience its effects for longer.

Previously, you could claim compensation for whiplash the same way as any other injury. However, that changed with the introduction of the Whiplash Reform Programme in 2021.

Since then, when claiming for whiplash injuries and other injuries that together total less than £5,000, you need to claim in a different way. The whiplash injury amounts now come from a tariff that was introduced as part of the Whiplash Injury Regulations 2021.

If you have any questions about the Whiplash Reform Programme and how claiming compensation works, simply call our free helpline today.

How Much Compensation Could You Get For Car Accident Injuries?

The compensation calculated for your road traffic accident injuries will be affected by a number of factors. As well as judging the value of whiplash injuries, those involved in figuring out a payout need to take into account:

• The nature and extent of your injuries. Alternatively, they may need to consider how much a pre-existing injury got worse after the car accident.
• How much treatment you’ll need.
• The ongoing impact on your quality of life.

These considerations contribute to the award of general damages, which account for the physical pain and emotional harm inflicted by injuries that a car accident caused.

You will see a table below featuring different injuries and a set of compensation brackets. These figures are a guideline provided by the Judicial College (JCG), a document that those working out your car accident claim payout might review when coming to a decision.

However, each case is decided on its own individual circumstances, so the JCG only offers an estimate. Therefore, the table below could be used as an alternative to a car accident compensation claim calculator, or just as a general guide.

Compensation Table

The top line in this table is not from the JCG. Additionally, the bottom two lines are fixed sums taken from the Whiplash Injury Regulations 2021 tariff. Apart from that, all entries are made up of JCG figures.

Can I Claim For The Long Term Impact Of Car Accidents?

In many cases, people recover from their injuries or at least adapt to life with them, but are faced with a financial impact that carries on long after the pain fades. Car accident compensation payouts can address this with a payment for special damages. As a potential second head of loss, this focuses on financial losses caused by car accident injuries.

Such out of pocket expenses might include:

• Lost income from missing work. A payment for a loss of earnings could also account for things like missed bonuses or overtime, or a devalued pension.
• Medical expenses, including bills or prescription fees.
• Home adaptation costs.
• Domestic care invoices.
• Travel charges.

By calling today, you can ask our advisors questions like: “How are car accident claims valued?” or “What could I claim for after my accident?” and much more.

What Do I Need To Make A Car Accident Injury Claim?

In order to have a successful car accident claim, you need to be able to show how your case meets the eligibility criteria we discussed at the start of this guide. For that, you should collect as much valid evidence as possible, including:

• Footage of the car accident. If the crash was caught on a dashcam, you could submit the footage as evidence.
• Images of anything relevant such as road signs, skid marks on the road, or visible injuries you suffered.
• Medical reports showing your injuries and treatment. You can request a copy from your GP.
• Witness contact information.
• A police report, if the police attended the scene.
• Proof of financial loss. Special damages are not automatically included in a payout, so you should present any payslips, statements or bills that show that you suffered financially.

You may be asked to attend a medical exam during the claim process. An independent medical professional would look at your injuries and their assessment would be submitted into evidence.

If you’re working with a solicitor, you can instruct them to help you gather evidence for your case. Our advisors can fill you in on all the other tasks our expert car accident solicitors can help with.

Can I Make A Claim Against An Uninsured Driver?

Usually, after a car accident, the people involved will stop and share information. This is a legal requirement under Section 170 of the Road Traffic Act 1988 if anyone is hurt or property is damaged. However, what if you learn that the driver is uninsured, or they don’t stop at all and can’t be traced?

If it isn’t possible to claim for a car accident through the other driver’s insurance company, then you could take your case to the Motor Insurers’ Bureau (MIB). The MIB can provide compensation when someone has valid grounds to make a car accident claim for an incident caused by an unidentified or uninsured driver.

If a solicitor is supporting you, then they can submit a claim for a car crash to the MIB on your behalf. The MIB will require evidence of the incident and the other driver’s liability, so it is still important to gather as much proof as possible. Contact our advisors for free today to learn more about car accident claims involving the MIB.

How Long Does It Take To Claim For A Car Accident?

One of the reasons evidence is so helpful is that it can cut down the amount of time a case takes, especially if it leads the defendant to accept fault.

There is no minimum or maximum time that a claim can take. More straightforward cases will take only a few months, while contentious or complex ones will likely take longer.

The length of the case will naturally increase if court proceedings are needed. However, most car accident claims are resolved outside of court.

A solicitor can help keep the process as streamlined as possible. In certain cases, they may also be able to arrange interim payments to help you pay for medical care while negotiations continue. Learn more about how a personal injury solicitor can help you by calling us for free guidance.

What Are The Benefits Of Using No Win No Fee Car Accident Solicitors?

Throughout this guide, we have discussed the ways in which our experienced car accident claim solicitors can help. They can do much more, including:

• Handling negotiations and using their knowledge of what a fair payout looks like.
• Helping with correspondence between you and the defendant or their insurance company.
• Keeping you updated and giving advice on what to do every step of the way.

Furthermore, our solicitors do this under a Conditional Fee Agreement. What this means is that, as well as paying no upfront or running legal fees, you will not be asked to pay for any legal costs the solicitor has run up if the case fails.

If the case wins, the solicitor collects a success fee, which is a pre-agreed percentage of the compensation awarded to you. Even then, that percentage is capped, thanks to The Conditional Fee Agreements Order 2013.

Contact Us 24/7 For Free To See If You Can Claim For A Car Accident

Whether you’re thinking about claiming for a car accident or simply want to know more about the personal injury claims process, we’re here to help. Our advisors offer a service that’s comprehensive, confidential, and most importantly free of charge. You could even be connected to a solicitor if an advisor evaluates your claim and finds you have good reason to seek compensation.

Our support lines are open 24/7, so use any of these options at your convenience:

• Call 0800 073 8804.
• Fill in our contact form.
• Send a message in the live chat tab below.

More Resources About Claiming For A Road Traffic Accident

Here are some further road traffic accident claim guides from our collection:

• A focused look at serious injury car accident claims.
• What to do if you were hurt in a pedestrian accident and want to claim.
• When you can claim if faulty traffic lights cause a crash.

You may also find these sites interesting:

• Some advice for road users from the road safety charity Think!
• National Highways explains when you can request traffic camera footage of an incident.
• NHS advice on when to call 999 after an accident.

We hope this has helped you get a better understanding about how claims work. Call today to discuss making a car accident claim and an advisor will be on hand to help.