When driving a car (or as a passenger), we expect other road users to act safely and as responsibly as us to avoid causing an accident or injury. However, if you have been injured in a road traffic accident due to the fault of another road user, we understand how stressful this situation can be, and our solicitors here at Accident Claims could help guide you through the car accident claims process.
Our team of personal injury solicitors have years of experience obtaining compensation for their clients; both for their physical and mental injuries, as well as any financial losses these injuries have resulted in. They will help guide you through the entire process, from gathering supporting evidence on your behalf, such as dashcam footage, to negotiating your final compensation settlement on a No Win No Fee basis, so you can focus on recovering from your injuries.
We understand that this may be a stressful time for you. That is why we are here to help you. Contact us today to discuss your case and receive free advice and answers to any questions you may have about making a road traffic accident compensation claim.
- Call us on 0800 073 8801
- Contact us online.
- Use our live chat
4.8Jump To A Section
- Who Can Make Car Accident Claims?
- Common Car Accident Compensation Claim Examples
- Can I Claim For Hit And Run Car or Uninsured Driver Car Accidents
- What Are The Most Common Injuries Sustained In A Car Accident?
- How Much Car Accident Compensation Could I Claim?
- Can Car Accident Claims Compensate For Financial Losses?
- Claiming Compensation For A Fatal Car Accident
- What Will I Need To Pursue A Car Accident Claim?
- Car Accident Claims With Our Solicitors
- Frequently Asked Questions About Car Accident Claims
- Learn More
Who Can Make Car Accident Claims?
Car accident claims can be made by those who have been injured in a road traffic accident, such as a driver or passenger, due to the negligent actions of another road user. Motorists, cyclists, motorcyclists and pedestrians are all classified as road users.
To be eligible to make a car accident claim, you will need to meet the following key criteria:
- You Were Owed A Duty Of Care
When using the roads, all road users have a duty of care to use them safely and responsibly to avoid causing injury or damage. To adhere to this duty, they must abide by the regulations set out within the Road Traffic Act 1988 and the rules within the Highway Code.
- That Duty of Care Was Breached
You must be able to show that this duty of care was breached. For example, another driver ran a red light at a junction, causing them to collide into the side of your vehicle.
- You Suffered An Injury
To be able to make a compensation claim, you must have suffered a physical or psychological injury. This can range from minor injuries, such as soft tissue damage, to more serious injuries, such as brain damage, provided they are medically recognised.
Can I Make A Car Accident Claim On Behalf Of A Loved One?
Yes, you can make a car accident claim on behalf of a loved one if they are unable to make their own claim due to being a minor or lacking the mental capacity to manage it.
In these instances, you can apply or be appointed by the courts to claim on their behalf as a litigation friend. As their litigation friend, you will need to act in their best interests during the course of the claim.
One of our excellent solicitors could help you become a litigation friend and guide you through the car accident claims process. You can contact us today to learn more about how we could help you.
4.8Common Car Accident Compensation Claim Examples
Common car accident compensation claim examples include payouts for physical injuries, psychological injuries, and financial losses resulting from accidents caused by speeding, failing to pay attention, and not adhering to the rules of the road, for example. Below, we explore these examples in more detail:
- A car is speeding down the motorway, meaning they are unable to come to a stop in time when approaching standstill traffic. This causes them to crash into the back of your car, and you suffer from whiplash and a back injury.
- A driver fails to pay attention to the road because they are distracted by their mobile phone. This causes them to crash into the back of your car as you are waiting at a red light, causing you to suffer a neck injury and also anxiety about driving.
- Another driver fails to adhere to the rules of the roundabout by pulling out from an inside lane, causing them to crash into the side of your vehicle. This results in you suffering a broken arm.
No matter what type of injury you have suffered, one of our expert solicitors could help you gain compensation. You can contact us to see whether you may have a valid claim and to learn more about how one of our solicitors could help you through the car accident claims process.
Can I Claim For Hit And Run Car or Uninsured Driver Car Accidents
Yes, you can claim for a hit and run car or uninsured driver car accidents through the Motor Insurers’ Bureau (MIB), provided you were injured due to the negligent actions of another driver.
The MIB provide compensation to those who have been injured in accidents with uninsured or untraceable drivers. They are funded through every insurer that provides motor insurance. They also work with the police to reduce the number of and impact of uninsured drivers.
Car Accidents With Stolen Vehicles
If you are involved in a car accident with a stolen vehicle, you could still make a claim through the MIB. It is important that you report this accident to the police and obtain a crime reference number. You can then file a claim through the MIB.
If you have been involved in an accident with an uninsured driver, untraceable driver, or a stolen vehicle, our solicitors can help you make a claim through the MIB. They can also help you gather necessary evidence during the car accident claims process to help support the chances of your MIB claim being a success.
What Are The Most Common Injuries Sustained In A Car Accident?
Some of the most common injuries sustained in a car accident include whiplash, fractures and brain injuries. Other examples include:
- Broken limbs, such as a broken arm or a broken leg.
- Soft tissue injuries.
- Sprains and strains.
- Spinal injuries.
- Paralysis injuries.
- Concussions.
- Amputations, such as an amputated leg or foot.
- Psychological injuries, such as anxiety.
If you have suffered one or multiple of these injuries in a car accident due to the negligent actions of another road user, one of our solicitors could help you with making a compensation claim. Contact us today to learn more.
How Much Car Accident Compensation Could I Claim?
How much car accident compensation you could claim will depend on the type of injuries you have suffered, their severity and whether they also lead to financial losses.
Compensation settlements are usually split into two parts: general damages for the injuries you have suffered, and special damages for the financial losses your injuries have resulted in.
When legal professionals are calculating your general damages payout, they can refer to medical evidence as well as the compensation guidelines within the Judicial College Guidelines (JCG). Many legal professionals refer to this document as it contains guideline brackets of compensation for various injuries, both physical and psychological.
In the table below, we have used some of these guidelines to help give you a clearer idea of what could be awarded in car accident claims.
Furthermore, the last two entries in this table are taken from the Whiplash Injury Regulations 2021 (WIR), as they may apply to certain types of car accident claims. You can contact us to see whether they may apply to your particular claim. These figures are fixed amounts.
Please also note that the first entry has not come from the JCG or the WIR.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries with Financial Losses | Compensation for suffering multiple severe injuries and financial losses, such as medical expenses, lost earnings, and rehabilitation fees. | Up to £1,000,000+ |
| Brain Damage | Moderately Severe - there will be a substantial dependence on others due to being very seriously disabled. | £289,420 to £372,570 |
| Back Injury | Severe (i) - Most severe injuries, including damage to the spinal cord and nerve roots. | £120,340 to £212,670 |
| Leg Amputation | Above-Knee Amputation of One Leg - phantom pains and the level of amputation will affect the amount awarded. | £138,490 to £181,610 |
| Leg Injury | Less Serious (i) - In cases of fractures, a reasonable recovery will have been made, but may be left with a metal implant. | £23,730 to £36,680 |
| Arm Injury | Severe - Those short of amputation, but have left the person little better off. | £127,050 to £172,970 |
| Neck Injury | Moderate (i) - Dislocations and fractures which may necessitate spinal fusion. | £33,020 to £50,850 |
| Foot Injury | Moderate - Continuing symptoms and a permanent deformity due to displaced metatarsal fractures. | £18,150 to £33,020 |
| Whiplash with a Psychological Injury | Lasting between 18 to 24 months. | £4,975 |
| Whiplash Injury | Lasting between 18 to 24 months. | £4,830 |
If you have suffered an injury in a car accident and would like to see whether you could be eligible for compensation, you can contact us today.
Can Car Accident Claims Compensate For Financial Losses?
Yes, car accident claims can compensate you for financial losses you have suffered as a result of the injuries under the head of loss known as special damages.
Below, we explore in more depth what special damages could be awarded for.
Loss of Earnings
Even if you suffered minor soft tissue injuries in a car accident, you may still need time off work to recover or attend medical appointments. If you have needed to take time off work due to your injuries, you could claim compensation for any loss of earnings you have experienced. This can include not being paid at all, or the difference in pay if you were able to claim Statutory Sick Pay (SSP).
Future Loss of Earnings
Car accidents can cause life-altering injuries, which may result in needing to change careers or early retirement. You could also claim for any future loss of earnings if your injuries are expected to keep you off from work for an extended period of time, or being unable to return to work. This can also cover any pension contributions, bonuses and holiday pay.
Medical Expenses
Any medical expenses you have had to pay, such as prescription fees or private medical care, due to your injuries, could be reimbursed as part of your compensation claim.
Care Costs
If you have required professional care or gratuitous care from friends or relatives due to your injuries, compensation could be awarded to cover these professional costs and any lost earnings your friends or family have experienced due to caring for you.
Childcare Costs
If your injuries have meant you have been unable to care for your children, requiring you to pay for childcare, special damages could compensate you for these costs.
Rehabilitation Fees
Any rehabilitation or physiotherapy you have required to help recover from your injuries could be compensated for as part of your claim.
Travel Expenses
If you have been unable to drive or needed to pay for taxis to medical appointments, etc., these costs could be reimbursed as part of your compensation settlement.
Regardless of what costs you wish to claim for under special damages, you will need to provide evidence of them and that they resulted from your injuries. This could include receipts and invoices.
Our expert solicitors could help you gather this evidence and ensure all of your special damages are included in your final settlement. Contact us today to discuss your case and the road traffic accident claims process.
Claiming Compensation For A Fatal Car Accident
Compensation could be claimed for a fatal car accident if you have unfortunately lost a loved one due to the negligent actions of another road user.
Under the Law Reform (Miscellaneous Provisions) Act 1934, for the first 6 months following the deceased’s death, the estate are the only party who can bring forward a claim. This claim can be for the pain and suffering and financial losses the deceased experienced directly before death due to their fatal car accident. During this timeframe, the estate can also bring a claim forward on behalf of certain relatives of the deceased, known as the dependents.
If no claim has been made on their behalf by the estate within the first 6 months, the dependents can make their own claim for the impact the death has had on them, per the Fatal Accidents Act 1976. This could include funeral costs, loss of services (such as childcare) and dependency payments (due to loss of the deceased’s financial earnings). To learn more, you can read our dedicated guide on making a fatal accident compensation claim.
Additionally, you can also contact us to discuss your circumstances. Our solicitors are very sympathetic and know that this will be a hard time for you. They can handle your case with care, ensuring that the appropriate compensation is awarded.
What Will I Need To Pursue A Car Accident Claim?
When pursuing a car accident claim, you will need to take certain steps, such as reporting the accident and gathering medical evidence of your injuries. Steps you can take to help support your compensation claim include:
Get Medical Help as Soon as Possible
By getting medical help for your injuries as soon as possible, you not only aid your recovery but also create a medical record of your injuries. These records can then be used as evidence to support your claim, as it will detail the types of injuries you suffered, the extent of them, and what treatments you have required.
Secure Information and Evidence About the Car Accident
When it is safe to do so, you should secure information and evidence about your car accident. This could include:
- The contact details, vehicle registration and insurance details of the other driver involved in the accident
- Any dashcam or CCTV footage of the accident taking place
- Photographs of any vehicle damage or visible injuries
- Copies of any police reports if they attended the scene of the accident
- The contact details of any witnesses to your accident
To learn more, you can read our dedicated guide on what evidence is needed for a personal injury claim.
Make an Official Record of the Accident
Following a car accident, you should file an official report. You should inform your insurance company of your accident, regardless of whether you intended to make a claim or not. You could also make a report of your accident to the police if they did not attend the scene of the accident.
Keep Ongoing Notes About Your Injury and Losses
By keeping ongoing notes about your injury and financial losses, this ensures that there is a record of how your injuries are impacting your day-to-day life, and also ensures that no financial losses are missed from your claim.
Get Advice From a Personal Injury Specialist
By getting advice from a personal injury specialist, such as our expert solicitors here at Accident Claims, not only can they inform you whether you have a valid claim, but they can also help get the claiming process started for you.
Our expert solicitors can help you gather the necessary supporting evidence and negotiate your compensation settlement, among other services, all on a No Win No Fee basis.
Check You Are Within the Legal Time Limit
All personal injury claims, including those for car accidents, must be started within the 3-year time limit, as set out within the Limitation Act 1980. Failure to do so could result in your claim becoming time-barred.
Exceptions apply to this time limit for those injured as minors or those lacking the mental capacity. To learn more about these, you can read our dedicated guide on the limitation period in personal injury claims.
Contact us today to receive free advice on your case and learn more about how our solicitors could help you.
Car Accident Claims With Our Solicitors
Car accident claims could be made with our expert solicitors here at Accident Claims, provided that they are valid. Our solicitors have years of experience in obtaining compensation for their clients and could help you with your own claim.
Why Choose Accident Claims For Car Accident Compensation?
You should choose Accident Claims for your car accident compensation claim as we can offer you a variety of services. Some of these include:
- Obtaining supporting evidence on your behalf, such as statements from those who witnessed the collision and seeking out dashcam footage from other motorists.
- Following a car accident, you may need rehabilitation or home support. The solicitors here at Accident Claims can connect you to any specialist support you need.
- Organising an independent medical assessment to assess the full extent of the injuries suffered in the car accident and ensure that these are valued properly.
- Handling all negotiations with the defending party and their motor insurer, or the MIB.
- Our solicitors take the time to get to know you and fully understand the injuries that you suffered in the car accident. They will be with you every step of the way to ensure that you are fully compensated.
Can Car Accident Claims Be Made On A No Win No Fee Basis
Yes, car accident claims can be made on a No Win No Fee basis here at Accident Claims with our expert solicitors. By offering to work on your claim under the terms of a Conditional Fee Agreement (CFA), you will not need to pay for their services prior to the claim starting, while it is underway, or if the claim fails.
However, should your claim be a success, you will need to pay your solicitor a success fee. This is taken as a legally limited percentage of your compensation. Don’t worry, this fee is usually discussed with you before your claim starts.
To learn more about how our expert team can help you claim compensation on a No Win No Fee basis, you can contact us today.
Contact Accident Claims Today
Contact us here at Accident Claims today to discuss your case and receive free advice. Our team is sympathetic and understands that this may be a stressful time for you. That’s why they are here to answer any questions you may have about making a claim or about working with our No Win No Fee solicitors.
- Call us on 0800 073 8801
- Contact us online.
- Use our live chat
Frequently Asked Questions About Car Accident Claims
Below, we answer some frequently asked questions about car accident claims.
How Long Do I Have To Start A Car Accident Claim?
Generally, you have 3 years to start a car accident claim. However, exceptions apply for minors and those lacking the mental capacity to claim on their own.
Do I Need A Solicitor To Make A Car Accident Claim?
Although you don’t need a solicitor to make a car accident claim, it can be beneficial to work with one as they have knowledge and experience of the claiming process, which they can use to help you with your claim.
What If I Was Partially At Fault For The Accident?
If you were partially at fault for the accident, you could still be eligible to claim. However, the percentage for which you were responsible for the accident would be deducted from your final compensation settlement. For example, if you were deemed to be 30% responsible, you would receive 70% of the compensation you would have received had you not been responsible at all.
How Long Does A Car Accident Claim Take To Settle?
There is no set time limit for how long it takes a car accident claim to settle. The complexity of the case, whether liability is being denied and if you have fully recovered from your injuries yet or not, can affect the length of your claim.
Will I Need To Attend Court For My Claim?
You won’t necessarily need to attend court for your claim, as most claims are settled outside of court. However, if your claim does need to go to court, our solicitors will make sure you are prepared for this.
What Evidence Can Support My Car Accident Claim?
Evidence such as video footage of the accident, medical records of your injuries, and photographs of the accident scene could all support your car accident claim.
Can I Claim If I Was A Passenger In The Car?
Yes, you could claim as a passenger in a car if you were injured due to driver negligence. Your claim could be made against the driver of the car you were in or another road user, depending on who acted negligently.
What Happens If The Other Driver Denies Responsibility?
If the other driver denies responsibility, one of our solicitors could help you gather evidence to prove liability for the accident and your subsequent injuries.
Can I Claim Compensation For Emotional Distress After A Car Accident?
Yes, you can claim compensation for emotional distress after a car accident, such as for anxiety or PTSD.
Will Making A Claim Affect My Insurance Premiums?
Making a claim may affect your insurance premiums, depending on your insurer and the circumstances of the accident. However, if you were not at fault, any impact may be limited.
If you have any other questions you would like answered, you can contact us today.
Learn More
Learn more about making a personal injury claim by checking out our other guides:
- More information about making a claim as a passenger in a car accident
- How to claim for a serious injury after a car accident
- How to make a child car accident claim if your child was injured
Some useful external resources:
- Additional information on compensation for victims of uninsured or hit and run drivers from Gov.UK
- List of conditions from the NHS
- Information on road safety laws from Think!
Thank you for reading our guide on how to make car accident claims. If you have any questions or would like to discuss your case, you can contact us today.
