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How To Prove A Car Accident Was Not Your Fault
By Danielle Jordan. Last Updated 3rd October 2024. According to Brake, a road safety charity, five people on average die every day on the roads due to a road traffic accident in the UK.
If you’ve been in a car accident that was not your fault, we could potentially help you claim compensation for your suffering.
In this guide, we discuss who could be eligible to begin a road traffic accident claim, and what the legal time limit is to begin a claim.
We also tell you how to prove you are not at fault in a car accident in the UK, and how road traffic accident compensation is calculated.
Furthermore, we explain what the Whiplash Reform Programme is, and why it may be of your best interest to claim on a No Win No Fee basis.
Our specialist car accident solicitors have many years of experience in the industry and may be able to help you. So, reach out to us today for free by:
- Calling 0800 073 8804.
- Filling out our claim online form.
- Messaging in our live chat box.
Select A Section
- Who Can Claim For A Car Accident?
- How To Prove You Are Not At Fault In A Car Accident In The UK
- Car Accident Compensation – Injury Claims Calculator
- I Was In A Car Accident That Was Not My Fault – How Can A No Win No Fee Lawyer Help Me?
- Helpful Links And Resources
Who Can Claim For A Car Accident?
When using the roads, all road users owe each other a duty of care to navigate in a way that prevents injury and damage to themselves and others. As part of this duty, road users need to comply with the Road Traffic Act 1988 and any relevant rules and regulations in the Highway Code. If you are injured because another driver failed to adhere to this duty, you could be eligible to make a car accident claim.
However, you will need to prove that:
- The other driver owed you a duty of care.
- They breached this duty.
- You suffered injuries as a result of this breach.
You can only make a personal injury claim following a car accident if another party that owed you a duty of care is at least partly responsible for causing the accident. If you have established that another party is at fault but the other driver won’t admit fault a solicitor can help you gather evidence to prove that you are not responsible for the car accident that caused your injuries. However, in some cases, you might be found partially at fault and will need to make a split liability claim.
If you would like to discuss how to prove you are not at fault in a car accident in the UK, get in touch with one of the advisors from our team for free advice.
How Long Do I Have To Claim For A Car Accident?
Generally, you will have three years to start a claim for a car accident that wasn’t your fault. This runs from the date of the accident. The time limit is set out by the Limitation Act 1980, which outlines how long claimants have to start different kinds of compensation claims.
However, you may still be able to claim if you are outside of this limit, as there are some exceptions. For example, if you are injured while you are under the age of 18, then the time limit will not begin until your 18th birthday and runs until you turn 21. While the time limit is frozen, a litigation friend can make a claim on your behalf.
Similarly, the time limit is also frozen for those who lack the capacity to claim for themselves. It only reinstates if the claimant recovers the appropriate capacity; otherwise, a litigation friend can make their claim on their behalf.
To find out if you are within the time limit to claim for a car accident that wasn’t your fault, contact our team of advisors today.
How To Prove You Are Not At Fault In A Car Accident In The UK
If the other driver is not admitting fault in a UK claim, you will need to be able to prove that they are responsible. The way to do this is by gathering strong and relevant evidence to support your claim. Even if the other driver admits fault, you will still need to provide evidence to claim compensation.
Some examples of evidence that you could use to support your personal injury claim include:
- CCTV footage: Footage of the accident captured on a CCTV system or dashcam can be used to help demonstrate how the accident occurred, and show who was at fault.
- Dashcam footage: Similarly, dashcam footage taken by other drivers can be used to illustrate the cause of the accident if the other driver won’t admit fault.
- Photographs: Taking photographs of both your injuries and of your car can help illustrate the extent of the damage done.
- Witness statements: If you take down the contact details of potential witnesses, a professional can take their statements at a later date.
If you’d like to make a car accident claim, our team of advisors are here to help. Get in touch today to find out how one of our solicitors could help you support your case.
Car Accident Compensation – Injury Claims Calculator
Now we’ve explained how to prove you are not at fault for a car accident in the UK, we need to look at how compensation can be calculated in a road traffic accident claim. In personal injury claims, there are two heads of loss that compensation can be calculated under:
- General damages, which compensates for the physical and psychiatric harm caused.
- Special damages, which compensates for the monetary losses. You’ll find more detailed information on special damages below.
Calculating a possible compensation figure is one of the many things our dedicated solicitors can help you with. Those undertaking this task can refer to the Judicial College Guidelines (JCG) alongside the medical evidence you provide.
We have provided some relevant figures from the JCG in our table here. Please note that the top entry was not taken from the JCG. We’ve also provided two examples of the tariff from the Whiplash Injury Regulations in the bottom two rows.
Compensation Table
We would like to emphasise that this table has been provided for guidance purposes only.
| Injury | Severity | Guideline Compensation |
|---|---|---|
| Multiple Very Serious Injuries And Special Damages | Very Serious | Up to £1,000,000+ |
| Injuries Resulting from Brain Damage | Moderately Severe (b) | £267,340 to £344,150 |
| Back | Severe (i) | £111,150 to £196,450 |
| Moderate (ii) | £15,260 to £33,880 | |
| Epilepsy | Established Grand Mal (a) | £124,470 to 183,190 |
| Neck | Severe (a)(iii) | £55,500 to £68,330 |
| Moderate (b)(i) | £30,500 to £46,970 | |
| Less Serious Leg Injuries | Less Serious (c)(i) | £21,920 to £33,880 |
| Whiplash Injuries | 1 + Whiplash Injuries with 1 + Minor Psychological Injuries Lasting Between 18 and 24 Months | £4,345 |
| 1 + Whiplash Injuries Lasting Between 18 and 24 Months | £4,215 |
Special Damages
As we briefly mentioned earlier in the section, costs you incur due to your injuries can be compensated under special damages. As well as receiving payments for immediate losses, special damages also compensate for future losses stemming from your injuries. It is, therefore, often the case that what you receive under special damages will be higher than the compensation under general damages.
Examples of such costs can include:
- Medical costs.
- Loss of earnings.
- Domestic care
- Accessibility modifications to your home.
As with general damages, you’ll need to provide some supporting documentation to claim compensation for any monetary losses, so make sure you keep your payslips, receipts, invoices for care, and other documents that demonstrate these losses.
The Whiplash Reform Programme
The Whiplash Reform Programme introduced changes to claims that are made for whiplash injuries that came into effect on the 31st May 2021. The changes affect drivers or passengers over the age of 18 who sustained injuries in a car accident.
The changes mean that if your claim is worth £5,000 or less, you will now make your claim for compensation through a different avenue. You can see our whiplash compensation calculator guide for further information on claiming for whiplash injuries.
This section is intended to act as a guideline only. We can’t definitively state what a claim could be worth, as every claim is different. For further information on how compensation amounts are calculated, or for a free assessment of your eligibility, contact our advisors today.
I Was In A Car Accident That Was Not My Fault – How Can A No Win No Fee Solicitor Help Me?
Now, you may be wondering, “I was in a car accident that was not my fault, how can a No Win No Fee solicitor help me?”.
There are many benefits that can come with working with a No Win No Fee solicitor on your personal injury claim. For example, a solicitor is a trained professional and can contact potential witnesses to your accident to take their statements. Similarly, a solicitor can evaluate each head of your claim and collect evidence to support your case.
Our solicitors work with their clients on a No Win No Fee basis. They do this by offering a Conditional Fee Agreement (CFA), a kind of No Win No Fee contract. When you work with a solicitor under a CFA, they won’t ask you to pay an upfront fee to begin working, nor will they take any ongoing fees to cover their continuing work. Likewise, in the event that your claim fails, your solicitor will not take a fee for their services.
However, if your claim is successful, then your solicitor will be due a success fee. They deduct this fee directly from your compensation award and take it as a small percentage, but this percentage is regulated by a legislative cap, which helps ensure that the majority of your compensation is awarded to you.
To find out if one of our No Win No Fee solicitors could help you claim for a car accident that was not your fault, get in touch with our team of advisors today by:
- Calling our team on 0800 073 8804
- Using the live chat feature
- Contacting us through our website
Helpful Links And Resources
We hope that you have found this guide useful and you now feel prepared in terms of knowing how to prove a car accident was not your fault. However, if you are still looking for some extra information, the links below may be useful.
Here is our helpful guide on car park accident claims.
Visit this guide covering general information on making a claim following a road traffic accident.
This guide will explore the process of claiming compensation following a motorcycle accident.
Motor Insurers’ Bureau Compensation
Visit our guide if you had a car accident with an uninsured or untraceable driver to find out how the Motor Insurers’ Bureau could help.
Whiplash information from the NHS
The NHS page on whiplash, which is one of the most common injuries sustained in road traffic accidents.
Information on the new way of claiming for injuries sustained in road traffic accidents worth under £5,000.
If for whatever reason, you’d rather someone else make your claim on your behalf, this is possible. Find out more.
We also have some other guides on car accident claims that you may find useful:
- A guide to car accident claims
- What is an excess fee under car insurance?
- How to report a car accident
If you have any questions about proving a car accident was not your fault, then please get in touch with Legal Expert using the contact details in this guide.
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