Do you need information about non fault accident claims for compensation? If you were injured on the roads through no fault of your own, the other road user could owe you damages for the physical. emotional and financial harm you suffered.
This guide explains all the stages of no-fault car accident compensation claims, starting with the eligibility criteria to begin. Whilst there isn’t an ‘average’ amount of compensation because all claims differ, there is a process that the calculations can follow to arrive at a figure and we explain that below.
This guide is packed with information about common causes of accidents, claims made involving courtesy cars and accidents in a car that isn’t yours. We’ll also explain what evidence you can use to structure your non fault accident claim and how long you have to launch one.
The final section of our guide will detail how legal representation could help. Our solicitors offer a version of a No Win No Fee contract which means you could access excellent legal help with your claim without adding to your costs right now.
Read on to learn more, or you can chat over a claim for an accident that wasn’t your fault or was only partially your fault with our advisory team via the following options:
- Call us on 0800 073 8804
- Fill out our web form and start a claim online.
- Chat to us using the discussion box at the bottom right.
Go To A Section Of Our No Fault Accident Claim Guide
- Am I Eligible To Make A Non-Fault Accident Claim?
- Average Compensation Amounts For A No-Fault Car Accident
- What Is A Non-Fault Accident?
- Common Causes Of Non-Fault Accident Claims
- Can No-Fault Accident Claims Affect My Insurance?
- Courtesy Cars And Work Vehicles – Accidents In A Car That Is Not Your Own
- Who Is The Third Party In Non-Fault Accident Claims?
- How To Make A Compensation Claim
- Why Choose Legal Expert To Handle Your Claim?
- More Information
Am I Eligible To Make A Non-Fault Accident Claim?
First, it’s important to determine if you are eligible to start a non fault accident claim against a third party. To do this, three criteria need to apply:
- You were owed a duty of care
- The duty was breached.
- You suffered injury as a consequence of this.
Duty of care applies an obligation to others to take reasonable steps to protect the safety and well-being of others. All road users owe a duty of care to each other to minimize the risk of damage and injury as much as possible. To understand their obligation and meet this duty fully, they must adhere to the Road Traffic Act 1988 and further obligations detailed in the Highway Code.
Your eligibility to claim will rest upon showing how the third party failed to meet their legal obligations in a way that harmed you. If you’d like help to determine these crucial points, call our advisory team now.
Average Compensation Amounts For A No-Fault Car Accident
As stated in our introduction, the expression ‘average’ is misleading as claims always have aspects that make them different. In order to get a more accurate idea of what compensation could be owed to you, it’s advisable to consult with an expert. Our solicitors have the expertise to calculate a more precise amount of potential damages, so why not see if they could calculate your claim? Call the team to get started.
Factors That Can Affect Your Payout Amount
Typically, road traffic accident compensation can look at two areas called general and special damages. General damages give a monetary value to the pain and physical injuries themselves, as well as the psychological suffering caused to the person. It can also reflect the overall negative impact on the person’s life, along with any permanent disability caused.
Also, the complexity of recovery and the financial damage incurred can affect the ultimate payout. Partial responsibility for the accident is also a potential factor, but not so much in non fault claims.
Special Damages
The second head of loss that makes up compensation amounts is special damages. This reimburses the person for the financial harm caused to them by their injuries. In order to include special damages, you will always need documented proof of these related losses. Such as:
- Any evidence from your workplace that you missed work and suffered a loss of earnings.
- Proof of medical expenses for any private care.
- Receipts and estimates for the damage to your vehicle or personal possessions.
- Receipts for travel expenses to care appointments.
- Proof of amounts you needed to pay to anyone who provided you with domestic help like cooking, cleaning or shopping.
It is useful to retain all documents and paperwork. Should you go ahead with a claim with our solicitors, they will carefully examine this evidence and use it to calculate the maximum compensation owed to you. Why not find out now if they can help you?
How To Use Our Compensation Calculator
To calculate an amount for compensation, those involved will often look at medical details submitted as evidence. Also, there are publications like the Judicial College Guidelines (JCG) that provide an index of injury award bracket values. To illustrate, we’ve used some amounts from the JC Guidelines to compile a table. Please note that the first entry in this table has not been taken from the JCG.
Compensation Guidelines
| INJURY | SEVERITY | GUIDELINES | NOTES |
|---|---|---|---|
| Multiple Serious injuries and Special Damages | Serious | Up to £1 million plus. | Serious forms of multiple harm with lost earnings, care costs and medical bills awards. |
| Head | (a) Very Severe | £344,150 up to £493,000 | Total and permanent reliance on others. |
| Neck | (a) Severe (i) | Approximately £181,020 | Incomplete paraplegia and little to no neck movement. |
| Back | (a) Severe (i) | £111,150 up to £196,450 | The most serious nerve root and spinal cord damage. |
| Pelvis | (a) Severe (i) | £95,680 up to £159,770 | Severe injuries that rupture the bladder and dislocate back joint. |
| Legs | (ii) Very Serious | £66,920 up to £109,290 | Multiple fractures taking years to heal or leaving permanent reliance on walking aids. |
| Knee | (a) Severe (ii) | £63,610 up to £85,100 | Fractures that impact leg and knee joint. |
| Arms | (b) Permanent and substantial disablement | £47,810 up to £73,050 | Significant cosmetic or functional disability caused. |
| Hands | (f) Fractured fingers | Up to £44,840 | Fractures severe enough to give rise to partial amputations. |
| Shoulder | (a) Severe | £23,430 up to £58,610 | Injuries including brachial plexus damage. |
What Is A Non-Fault Accident?
A ‘non-fault’ or ‘no fault’ accident is a term broadly used to describe an accident which you were not responsible for causing. In some cases, it is quite clear that the other party (or other external factor) prompted the accident in its entirety. But in some cases, road traffic accidents can have a degree of fault on both sides. Speak to our advisory team about your legal options.
Common Causes Of Non-Fault Accident Claims
The following are some examples of non fault accidents that might form the basis of an eligible compensation claim:
- A driver failed to look at the road ahead because they were texting on a phone and rear-ended a stationary vehicle. This caused the other driver serious whiplash.
- While speeding above the legal limit, a driver overtook and collided with a cyclist, leaving them with life-altering spinal cord damage.
- A drunk driver mounted the pavement and collided with a pedestrian, causing them severe physical harm and a psychiatric injury.
Your example will differ. However, if you are certain that you suffered harm through no fault of your own, you could have valid grounds to seek compensation from the party to blame. Our solicitors could help, so reach out for more information.
Can No-Fault Car Accident Claims Affect My Insurance?
Unfortunately, a non fault road traffic accident could still impact your insurance premiums as companies often regard any type of accident as a risk factor. This is because insurance companies often determine the cost of insurance based on statistics.
How It Affects Your No-Claims Discount
The insurance company will still honour your no-claims discount if you were involved in an accident that was completely no fault of yours. Importantly, all insurance companies differ and some may require you to pay an excess.
Courtesy Cars And Work Vehicles – Accidents In A Car That Is Not Your Own
You can claim after a non fault accident in a courtesy car or work vehicle in the following ways:
- Courtesy Car – You must show that the accident wasn’t your fault, that you were insured to drive the car and that you were actually harmed.
- Workplace Car – You need to show you were insured and authorised to drive the work vehicle and that harm actually occurred.
Unfamiliar vehicles may increase the chance of accidents, so it’s important to prove why the accident was not your fault. Partial responsibility may result in split liability cases. Here, a reduced amount of compensation could still apply and is determined by your level of blame.
Who Is The Third Party In Non-Fault Accident Claims?
The third party in a non fault claim is usually another motorist, but it can be any other road user. If a pedestrian or cyclist is at fault, you might have to make your claim through the Motor Insurers Bureau (MIB). This is because pedestrians and cyclists don’t need to have insurance.
The MIB is an organisation that helps those affected by uninsured motorists, as well as those involved in hit-and-run accidents.
How To Make A Compensation Claim
At the outset of your non fault accident claim, it is useful to be aware of helpful actions like gathering evidence, complying with time limits and working with solicitors. We explore these next:
Gather Evidence To Support Your Claim
Evidence that the other party was solely responsible for causing the accident and injury is vital. So we’ve detailed below examples that you might be able to gather to bolster your non fault accident claim:
- CCTV footage of the accident.
- Dashcam and helmet cam evidence.
- The contact information of anyone who saw what happened.
- Copies of medical records that detail the injuries.
- Photos of the visible harm you suffered.
Our solicitors can help you collect evidence. Take a moment to see if your claim has grounds to proceed and advisors could explore your options with you.
How Long You Have To Start A Claim
There is a three-year time limit in which to begin a personal injury claim as laid out in the Limitation Act 1980. This normally starts from the date of the accident and injury. Under certain circumstances, the time limits can alter:
- A claimant under 18 years of age cannot commence a personal injury claim themselves. Instead, the three-year time frame can start from the date of their 18th birthday.
- A claimant without the capacity to handle a claim themselves is not subject to a time limit. Should they regain mental capacity, the three-year limitation period starts from the date of recovery.
Both groups can have a personal injury claim started for them immediately if the courts agree to allocate a family member or involved party as a litigation friend. In this role, the other person carries out all the duties of the claim on their behalf. Call to discuss how long you have to claim and how to claim for somebody else.
No Win No Fee Agreements
Our solicitors are experts in road traffic accident claims, whatever the circumstances. If your claim is eligible and they can take it up, they are likely to offer a Conditional Fee Agreement (CFA) as a way of getting started. This type of No Win No Fee contract has numerous helpful aspects to it:
- There are no solicitors fees that need to be paid upfront to start work.
- No ongoing fees are applicable as the claim develops.
- If unsuccessful, no solicitors fees apply for completed services.
- At the claim’s conclusion, a success fee needs to be paid only if the claim wins.
- This is deducted as a pre-agreed percentage of the total compensation award and is kept low by law.
- An agreement like this means you get the best of both worlds with excellent legal representation and the chance to keep the bulk of the compensation.
How Long It Can Take To Receive A Compensation Payout
The compensation in a successful non fault accident claim may be received fairly promptly after the claim has been settled. However, certain factors can have a bearing, such as:
- How complex your recovery is expected to be.
- The nature of the injuries and whether specialist reports are needed.
- How long it takes to assemble statements.
- If the other side disputes their liability or makes inadequate settlement offers.
Our solicitors are well-voiced in dealing with potential delays like this and understand the importance of getting compensation to their clients quickly. Call to see if they could do the same for you.
Why Choose Legal Expert To Handle Your Claim?
With our solicitors, you can expect so much more than just an accurate assessment of compensation. In addition to this, they will:
- Help you assemble strong evidence and gather witness statements.
- Explain legal terms and keep you informed about your claim at every step of the process.
- Argue forcefully for the best settlement.
- Chase up medical expert reports and promptly handle pre-action protocols.
All of this can be offered without legal fees until the outcome of the claim is known. With these benefits to be had, it makes sense to see whether they could represent you in your non fault accident claim.
- Call us on 0800 073 8804 to chat about your non fault accident claim.
- Fill out our web form and start a claim online.
- Chat via the live window about how a non fault claim may affect you.
More Information
In addition to the details in this guide about making a non fault accident claim, these other resources may help:
- Here is a guide about a serious road accident compensation payout.
- Find out if you can claim for a car accident if you weren’t wearing a seatbelt.
- In addition, details on claims for neck pain after a car accident is here.
External help:
- Read details about claims made through the Motor Insurers’ Bureau (MIB) if the driver is untraced or uninsured.
- Also, information on hiring a vehicle from GOV.UK
- How to request CCTV footage of yourself to support a car insurance claim.
Thank you for reading our guide on making a non fault accident claim. Our advisory team are ready to help with any further questions on the contact options above.
