If you have been injured in a car accident which was not your fault you could be eligible to claim compensation. In order to do so, you need to be able to show that another road user was at fault. In this guide, we look at how to prove an injury from a car accident. We look at the role of evidence in a car accident injury claim and how these different forms of evidence could support your case.
All road users owe each other a duty of care to use the roads responsibly to avoid causing an accident. They should adhere to rules and regulations set out within The Highway Code and the Road Traffic Act 1988 to maintain their duty of care. If they fail to do so, and this results in you being injured in a road traffic accident, you may be able to make a personal injury claim.
To find out if you could claim compensation for a car accident and to learn more about how to prove your case, please contact our team:
- Phone an advisor today on 0800 073 8804
- Use our live chat to discuss your case.
- Or send a message to start your claim online.
Jump To A Section
- How To Prove An Injury From A Car Accident
- Do I Need To Seek Medical Advice After A Car Accident?
- What Evidence Can I Gather At The Scene of A Car Accident?
- Should I Get CCTV or Dashcam Footage of the Car Accident?
- Do I Need To Report The Accident To The Police?
- Can A No Win No Fee Solicitor Help Me Make A Car Accident Claim?
- More Useful Resources About Making A Car Accident Injury Claim
How To Prove An Injury From A Car Accident
When you make any type of personal injury claim, you need to be able to show that another person was responsible for your injuries. That is because your claim will be made against them or their insurance provider.
The insurance provider, as well as any solicitors acting on behalf of the defendant, will want proof that shows what caused the accident and how this caused you harm. A body of evidence can demonstrate;
- Who caused the car accident.
- How the accident occcurred.
- What car crash injury you suffered.
- How serious your injury was.
- What impact the injury has had on you.
If you have a strong body of evidence, a solicitor may find it easier to win your road traffic accident claim. Without strong evidence, it may be harder for you to win your claim.
Read on for more information on how to prove an injury from a car accident, or call our team today to discuss your case.
Do I Need To Seek Medical Advice After A Car Accident?
“What should you do after a car accident?” is a commonly asked question. The first and most immediate concern you may have is to ensure your safety. You may need to move away from the scene of the accident, such as getting off the road to a safe place. Next, you should seek any medical attention you require.
You need to ensure that your injuries are treated properly and as soon as possible. Depending on the type and severity of your injuries, you may see your GP or attend Accident and Emergency (A&E).
In addition to looking after your health, getting medical treatment will help to document your injuries. Your medical records will show what injury you have sustained. They will also set out what treatment has been (or will be) necessary and how seriously the injuries sustained have impacted you.
If you choose to claim compensation with the help of a personal injury solicitor, they may ask you to attend an independent medical assessment. You may be asked to see a doctor when claiming for a personal injury in order for them to assess your injury and create a further medical report.
You can find out more about the importance of your medical records in a car crash injury claim by contacting our team.
What Evidence Can I Gather At The Scene of A Car Accident?
If you have been injured in a car accident, one of the most important steps you can take is to collect evidence in support of any compensation claim. Being able to provide evidence of your injuries from a car accident and demonstrating the other party’s fault is crucial to the claims process.
Examples of evidence which you could collect at the scene of a car crash on the motorway or other road may include:
- The contact details of anyone else involved in the accident, including their name, insurance details and noting down their registration number.
- Photographs you take at the scene of the accident. You could take photographs or videos which show damage to the vehicles involved as well as any injuries you have suffered.
- Request the contact details of anyone who was a witness to the accident. Witness statements can help to show who was responsible for the accident.
- Footage from a dashcam or similar device.
For more information on evidence which could help you claim a car accident injury payout, speak to our team.
Should I Get CCTV or Dashcam Footage of the Car Accident?
Footage from a dashcam or CCTV camera which caught the accident on video may be used as evidence in car accident claims. Securing footage which shows the circumstances in which the accident took place is important. Such footage could help to show how the other driver was negligent. It may show that the other driver was using a mobile phone or that they were not paying due care and attention.
CCTV footage could be captured in locations such as;
- At a junction.
- In a car park, such as a multi-storey car park.
- On major roads, this may also include traffic cameras.
- Outside a business premises.
You can request CCTV footage of yourself from the owner or operator of the camera. You should make the request as soon as possible, as some businesses may delete footage on a regular basis. Requesting footage from cameras which are operated by a local authority or central government could take longer than obtaining it from a business.
Find out more about how to prove a personal injury claim for a car accident by contacting our team.
Do I Need To Report The Accident To The Police?
If you are involved in any type of road traffic accident there are steps which you must, legally, take. As well as those which you should take. These steps include,
- Stopping at the scene of any road traffic accident, such as a car accident. Doing so is a legal requirement.
- You should switch off your engine and switch on your hazard lights.
- You should check to see if you or any other persons have suffered an injury after a car accident.
- Exchanging contact details with anyone who was involved in the accident. This should include names, addresses, insurance and vehicle registration details.
You may also be wondering when and how to report a car accident to the police. Collisions must be reported to the police where:
- Anyone was injured in the accident.
- You were unable to exchange details at the scene of the accident with the other party involved.
- If you suspect the other person may have committed a driving offence.
Once reported to the police, they will create a police report. The police report may be used as evidence in your personal injury claim. For more information on how to prove an injury from a car accident, please contact our advisory team today.
Can A No Win No Fee Solicitor Help Me Make A Car Accident Claim?
A specialist No Win No Fee solicitor could help you to claim for an injury from a car accident. Our specialist solicitors are experienced in helping people to claim for a variety of road traffic accidents.
They could offer to handle your car accident claim under a Conditional Fee Agreement (CFA). Under a CFA, a solicitor could work on your case without the need for you to make any payments in advance or while the claims process is underway for their services.
If your car accident injury claim is successful, you will be charged a success fee. This success fee is a legally capped percentage of your compensation, ensuring that you keep the majority of it. If your car accident claim is not successful, you will not be charged for the services they have provided.
For more information on how to prove an injury from a car accident and to find out how car accident injury payouts are calculated, please get in touch with our team.
- Use the live chat below to speak to an advisor.
- Call our team today on 0800 073 8804
- Begin your claim online using our contact form.
More Useful Resources About Making A Car Accident Injury Claim
Learn more about making a car accident personal injury claim in these resources:
- Check how to claim for a car accident caused by animals in this guide.
- If you have suffered a serious injury in a car accident you can learn more in this guide.
- Learn more about claiming if you were hit by a stolen car.
Further resources:
- You can learn more about road safety and collisions in this police resource.
- Learn more about conditions such as whiplash in this NHS resource.
- If a child has been injured in a car accident, a Litigation friend could help them to claim.
Thank you for reading our guide on how to prove an injury from a car accident. For more information, please get in touch with our team.