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What Is An Accident Claim?

An accident claim is a form of legal action that arises when someone has suffered an injury and they believe it was the fault of someone else.

We’ll take a more in-depth look at common types of accident claims below, but a clear example can be seen on the roads. For instance, if a driver is on their mobile phone and fails to see the car in front stop and crashes into them, the person on their phone would be at fault.

An accident claim falls under personal injury law. This type of law is based on the principle of negligence, which we explain in greater detail below.

The Eligibility Criteria For Accident Claims

In some circumstances, you could be eligible to make a personal injury claim for compensation after an accident, and our solicitors can help.

To make a claim under personal injury law, certain criteria must be met. These include proving:

• A third party owed you a duty of care
• They breached this duty of care
• You experienced physical or psychological harm as a result. This is known as negligence.

Negligence must be demonstrated as part of the accident claims process. You can do this by collecting evidence to support your claim, something we talk more about below.

Time Limits In Accident Claims

The limitation period to make an accident compensation claim is 3 years from the date of the accident. The 3-year period is set out by the Limitation Act 1980, and should you attempt to claim after this period, your claim might be time-barred.However, there are circumstances that allow for an exception. In these cases, the time limit will be paused:

• If the claimant is younger than 18 years old. If the claimant lacks their full mental capacity. For example, if they have suffered a moderate or severe brain injury from their accident.

While the time limit is paused, an appropriate adult could make a claim as a litigation friend on the claimant’s behalf.  However, if no accident compensation claim has been made before:

• The claimant turns 18. The claimant recovers their full mental capacity. 

Then the usual 3-year time limit will commence from these dates (from the date of their 18th birthday, or the date of their recovery).To learn more about claiming for someone else as a litigation friend, or to find out how long you have to file your own claim, please contact the Accident Claims helpline. Our advisors would be happy to help.