By Danielle Jordan. Last Updated 24th September 2024. If you’ve been injured in a car accident, you might be eligible to claim compensation. However, in order to make a road traffic accident claim, you must meet the eligibility criteria. In this guide, we look at car accident claims and the criteria you must satisfy to seek compensation. We illustrate this with examples of a few injuries you might suffer in a car accident.
Additionally, we also explore a few examples of the evidence you can submit to support a claim for an injury after a car accident. Furthermore, we provide information about the Whiplash Reform Programme and how compensation could be awarded in a successful claim.
If you are thinking about claiming compensation for an injury after a car accident, you may like to have legal representation during the process. We conclude with a look at how a No Win No Fee solicitor can help with your claim.
Our advisory team is available 24 hours a day, 7 days a week to answer your questions about car accident claims. Get in touch today for a free claim consultation by:
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Select A Section
- What To Do If You Suffer An Injury In A Car Accident?
- Injured In A Car Accident – Are You Eligible To Claim?
- What Injuries Could I Claim For Following A Car Accident?
- How Long Do I Have To Claim Compensation After Getting Injured In A Car Accident?
- Compensation For A Car Accident
- What Special Damages Could Be Awarded For Car Accident Injuries
- No Win No Fee Claims For An Injury In A Car Accident
What To Do If You Suffer An Injury In A Car Accident?
If a road user acts negligently, you will need to prove their fault using evidence. Additionally, you must be able to prove any injuries after a car accident. As such, consider gathering:
- The contact details of any witnesses to the car accident. Your solicitor can reach out to them for a statement confirming your version of events.
- Photographs of any visible injuries or hazards at the scene of the accident. Also photograph damage caused to your vehicle.
- Only if possible, dash cam or CCTV footage of the accident.
- Your medical records if you have copies, or letters from the hospital, GP surgery or walk-in centre that treated your injuries. They will document your injuries and what caused them.
- An opinion from an independent medical expert who can confirm the extent of the harm you have sustained. This will be obtained as part of the claims process with the help of your solicitor.
If you have been injured in a car accident, our solicitors could assist you with gathering evidence. With years of experience in successfully settling claims, you can rely on us to go above and beyond to help you get a compensation payout.
I Was Injured In A Car Accident In The UK What Are My Rights?
If you were injured in a car accident in the UK, you have the right to claim compensation for your injuries and also any financial losses you’ve suffered as a result. Whether you were the driver, a passenger, or even a pedestrian, you may be able to file a personal injury claim if someone else was at fault for the accident.
One of your key rights in the UK is to receive medical treatment for your injuries. It’s important to get a full assessment from a medical professional, as this not only ensures your wellbeing but also provides crucial evidence for any potential claim.
You also have the right to report the accident to the police, especially if someone was injured. A police report can act as supporting evidence in your claim. Additionally, you should notify your insurance company about the accident and provide them with all relevant details.
Injured In A Car Accident – Are You Eligible To Claim?
Now that we have covered what to do if you suffer an injury in a car accident we will go through the criteria needed for you to make an auto accident injury claim.
All road users owe others a duty of care as they use their vehicles. They must use them so that they prevent injury and harm to themselves and others. To meet this duty, they should follow the rules set out in the Road Traffic Act 1988 and the Highway Code.
If you were injured in a car accident and you think it was someone else’s fault, you may be eligible to make a claim for your personal injuries. The three criteria that must be met to be eligible are:
- A road user owed you a duty of care
- This duty was breached
- You suffered injuries because of the breach
If you have any questions about the circumstances under which you could claim compensation for your injuries in a car accident, you can contact our team for a free, no-obligation case assessment. We will be able to let you know quickly if you are eligible.
What Injuries Could I Claim For Following A Car Accident?
There are various types of injuries you could suffer in a car crash. These can range from minor soft tissue injuries to life-altering serious injuries. You can claim car accident compensation for a range of these as long as you meet the eligibility requirements. A few examples include:
- Whiplash. This is caused by the sudden movement of the neck, such as being in a rear ended accident.
- Broken or bruised ribs. These injuries can occur due to the seatbelt tightening around your chest.
- Psychological injuries, including post-traumatic stress disorder (PTSD), from the accident itself or other serious and life-changing physical injuries you endure, such as amputation or paralysis.
- Broken bones. If you are in a t-bone accident, your arm or leg could be fractured.
- Permanent scar injuries. These can occur if you suffer a fractured bone as a result of medical treatment, or you may suffer cuts and lacerations, such as to your face if the windscreen shatters.
- Head injuries, including brain damage. These can range from mild to very severe and be caused by your head hitting a hard object, such as the windscreen.
- Amputations. You could suffer traumatic amputations in the accident itself, or require surgical amputation due to your injuries, such as severe crush injuries.
If you would like to discuss what to do if you suffer an injury in a car accident, or talk about the injuries you sustained and find out if you can claim, speak to a member of our advisory team.
How Long Do I Have To Claim Compensation After Getting Injured In A Car Accident?
If you were injured in a car accident, you generally have 3 years from the accident date to begin your claim. This period is set by the Limitation Act 1980, although in certain car accident cases, exceptions can be made. For example:
- A minor cannot begin a claim, so injured persons who are under 18 will have the 3-year limit counted from their 18th birthday.
- Those who lack the mental capacity to make their own claim have the time limit permanently suspended. However, if they make a sufficient recovery and regain their capacity, then the 3 years will be counted from the recovery date.
In these situations, the court can appoint a litigation friend to pursue the claim on the injured party’s behalf. For more guidance on the car accident claims time limit, or to find out if any exceptions apply in your particular circumstances, talk to one of our friendly advisors using the contact information given below.
Compensation For A Car Accident
You may be interested in car accident compensation amounts for the injuries you suffered. Firstly, how you claim compensation for a car accident might be affected by the Whiplash Reform Programme.
The Whiplash Reform Programme introduced changes to the way claims for whiplash injuries are made. As an adult passenger or driver, if you sustain whiplash injuries valued at £5,000 or less, you will make your claim via a different avenue. In addition, you will have your whiplash injuries valued in accordance with the tariff in the Whiplash Injury Regulations 2021.
In some cases, you may not be required to make your claim in this way. For example, you may have sustained other injuries that take the total value of your claim over £5,000. In this instance, your claim will be made the traditional way but your whiplash injuries will still be valued according to the tariff. This is because the tariff applies to all occupants inside a vehicle. Any other injuries you sustain not included in the tariff will be valued in the traditional way.
General Damages
After making a successful personal injury claim, you would receive general damages to compensate for the emotional and physical pain and suffering caused by your injuries. In addition to general damages, you might be eligible to recover special damages which compensate for the financial losses caused by your injuries. We have provided further details on this in the section below.
To help give value to general damages, legal professionals can use the Judicial College Guidelines (JCG). This document provides guideline compensation brackets for various injuries.
We’ve included a selection of injuries and their corresponding figures from the JCG in our table below. You can use this as an alternative to a compensation calculator.
Whilst the figures from the JCG are to be used as a guide only, the last two entries are taken from the tariff in the Whiplash Injury Regulations 2021 and are fixed amounts. Additionally, the top row is from neither of these. We’ve provided it to show you how much car accident compensation your claim could be worth if you sustained multiple injuries of a severe nature and financial losses. As every claim for a road traffic accident is different, the table is only to be used as guidance.
| Injury Type | Severity | Compensation Guideline Amounts |
|---|---|---|
| Multiple Very Severe Injuries and Special Damages | Very Severe | Up to £1,000,000+ |
| Very Severe Brain Damage | Very Severe (a) | £344,150 to £493,000 |
| Leg Injuries | Amputations (a)(i) | £293,850 to £344,150 |
| Severe (b)(i) | £117,460 to £165,860 | |
| Les Serious (c)(i) | £21,920 to £33,880 | |
| Neck Injuries | Severe (a)(ii) | £80,240 to £159,770 |
| Moderate (b)(ii) | £16,770 to £30,500 | |
| Back Injuries | Moderate (b)(i) | £33,880 to £47,320 |
| Whiplash Injuries | One or More Whiplash Injuries with One or More Minor Psychological Injuries | £4,345 |
| One or More Whiplash Injuries | £4,215 |
Our advisors can provide a free claim valuation. Call them if you have any questions regarding claiming compensation for a car accident.
What Special Damages Could Be Awarded For Car Accident Injuries?
The second head of claim you could be eligible for if you were injured in a car accident is special damages. This head of claim allows you to claim back the financial losses you sustain because of your injuries. For example, this could include:
- Prescription costs
- Medical bills
- The cost of home adjustments, such as a stairlift or widened doorways
- The cost of mobility aids, such as crutches or a wheelchair
- Lost earnings
- Childcare costs
- Expenses relating to domestic help
In order to claim special damages, you have to be able to provide evidence of your losses. As such, it can be helpful to keep any receipts, bills, bank statements or invoices that could support your claim.
To learn more about what to do after a car accident in the UK, or to find out if you could be eligible to claim for a car accident injury, contact our team today.
No Win No Fee Claims For An Injury In A Car Accident
Now that you know what to do in case of a car accident, you might be interested in knowing the benefits of hiring a No Win No Fee solicitor. Alongside being able to gather evidence on your behalf and offering expert advice for the car accident claims process, they may offer you a type of No Win No Fee arrangement called a Conditional Fee Agreement.
The advantages of working with a solicitor on the basis of a No Win No Fee usually include:
- No upfront fees so your solicitor can get to work on your case almost immediately
- Not having to pay any fees whilst the claim is ongoing
- Only paying your solicitor for their work if your claim is successful
Additionally, if your solicitor helps you settle your claim and you are awarded car accident injury compensation, they will take a success fee. However, you won’t be overcharged for this fee as it is subject to a legal cap under the Conditional Fee Agreements Order 2013.
Our expert personal injury solicitors could work with you under this arrangement. Find out how you can contact us for free at any time in the next section.
Contact Us For Support
To start a car accident claim today or to find out more about the car accident injury claim process, please contact a member of the Legal Expert team. You can do so in the following ways:
- By telephone on 0800 073 8804 – lines are open 24 hours a day, 7 days a week
- Use our online chat
- By email at info@legalexpert.co.uk
- Request a call back by filling out our online contact form
Thank you for reading our guide on what to do if you suffer an injury in a car accident.
