How Car Accident Lawyers Could Help You Claim Compensation

By Jo Anderson. Last Updated 23rd November 2023. Welcome to our guide on using car accident lawyers and auto accident lawyers to help you make personal injury claims. If you were injured in a car accident, whether you contributed to the incident or not, you may be able to seek compensation for the harm, damage and suffering you were caused.

A car accident lawyer would investigate who could be held liable before advising on how best to proceed with a car accident claim for compensation against them. Here, we explain who could claim compensation from a car accident and how car accident solicitors could help you claim car accident compensation. Plus, we explain more about the average compensation for a car accident in the UK and why speaking with solicitors for car accidents advice could be wise.

If you feel ready to pursue a claim, a car accident lawyer could help you claim compensation for injuries and damage you suffered; please call a member of our team on 0800 073 8801.

Alternatively, if you would like more information on how we could assist you, whether you were partially at fault or the car accident was caused by another person, please read about car accident lawyers by clicking on the sections below.

Car accident lawyer working out compensation for a client

Select a Section

  1. Who Could Make A Car Accident Injury Claim?
  2. Time Limits For Claiming With A Car Accident Lawyer
  3. Car Accident Injuries You Could Claim For
  4. Evidence That A Car Accident Lawyer Could Help You Gather
  5. Claiming With A Lawyer For Car Accidents – How Is My Claim Calculated?
  6. No Win No Fee Car Accident Claims

Who Could Make A Car Accident Injury Claim?

It is not just motorists who are able to make a car accident claim. Anyone involved in the accident, such as a passenger, pedestrian or other road user, may also take action if they are injured. However, in order to be eligible to receive compensation, you’ll need to prove that another road user’s negligence caused the car accident in which you were injured.

The Highway Code sets out how road users should act when on the road to reduce the danger they pose to others. Additionally, if a motorist drives without due care and attention, they are breaching the duty of care outlined in the Road Traffic Act 1988.

If you work with an injury lawyer after a car accident, they will be able to help you establish if the following apply to you and you have a valid claim:

  • You were owed a duty of care by a road user;
  • They breached this duty of care;
  • You subsequently were injured or suffered harm.

Get in touch at a time most convenient for you for free advice after a road traffic accident. Our advisors can also put you in touch with an expert auto accident lawyer.

Time Limits For Claiming With A Car Accident Lawyer

You do not have unlimited time to make a personal injury claim with a car crash lawyer. Under the Limitation Act 1980, you would typically have a period of three years from the date of the accident to file your claim.

However, there are some exceptions to this. For example, if a minor under the age of 18 is injured, the time limit remains frozen until their 18th birthday. During this time, a court-appointed litigation friend could start their claim on their behalf. Otherwise, they can claim for themselves between their 18th and 21st birthday. 

Similarly, the time limit is frozen for those who lack the capacity to claim for themselves. In these cases, a litigation friend can claim on their behalf. The time limit will only apply if the claimant regains the appropriate capacity. Then, it will run from the date of their recovery.

Whether you would like questions answered about how long you might have to file a claim, or you’re looking for a lawyer for a car accident claim,  please contact an advisor. They would be happy to assist you.

Car Accident Injuries You Could Claim For

The sort of injuries commonly sustained in a car crash could include the following:

  • Whiplash – this is a common injury sustained in road traffic accidents which can occur even when a car is shunted from the rear, side or front.
  • Scrapes and Cuts – this type of injury may seem minor to begin with but could turn more serious further down the line if an infection sets in
  • Head Injuries – traumatic injuries to the brain can be catastrophic. It is the type of life-changing injury that could occur in a car accident causing long-term health issues for the injured party.
  • Broken Ribs – this is a common injury sustained in road traffic accidents which could take a long time to heal
  • Broken Bones – broken legs, broken arms, hips, and shoulders are also common injuries sustained in a car crash all of which can take a long time to heal
  • Internal Bleeding – Internal bleeding can be life-threatening, and as such immediate medical intervention is necessary.
  • Herniated Disc – a herniated disc is an extremely painful injury that victims of a road traffic accident often sustain, which can lead to complications
  • Knee Trauma – trauma to the knee is another common injury seen in victims of road traffic accidents.
  • Post Traumatic Stress Disorder – many victims of catastrophic road traffic accidents are traumatised by the events they witnessed. This can lead to them suffering from post-traumatic stress disorder PTSD

Evidence That A Car Accident Lawyer Could Help You Gather

One of the many benefits of working with a car accident lawyer is that they can help you gather evidence. Evidence can help support different areas of your claim; for example, this might include the type of injuries you suffered, who was liable for the car accident, and how your injuries will affect your life going forward.

Some examples of evidence that a lawyer for a car accident claim could help you gather can include:

  • Video footage: CCTV footage or dashcam footage of the accident can help prove who was liable for the accident and how it occurred.
  • Witness statements: When you take the contact details of those who witnessed the accident, your solicitor can then take their statements at a later date.
  • Photographs: Your solicitor can help you collate photographs of your injuries and the accident site.
  • Medical records: In some situations, traffic accident lawyers may arrange for you to undergo an independent medical assessment. In this case, an independent medical professional will review your injuries and their severity and produce an official report. Additionally, a copy of your medical records stating your injuries could also be used as evidence in your claim.

These are just a few examples of how a solicitor can help you gather evidence and strengthen your claim. To find out if you could be entitled to work with one of our solicitors for your personal injury claim, get in touch with our advisors today.

Claiming With A Lawyer For Car Accidents – How Is My Claim Calculated?

If your car accident lawyer successfully handles your claim, and you’re eligible for a payout, your compensation could include special damages and general damages. These are two heads of claim common in personal injury claims.

General damages could compensate you for your injuries and the pain and suffering you’ve endured because of them.

Lawyers calculating general damages settlements for a car accident claim could refer to a publication called the Judicial College Guidelines (JCG) to gain insight into appropriate compensation amounts. The JCG is a publication that provides guidance on general damages for a range of injuries at different severities. You can see some figures from the 2022 edition of the JCG in the table below. However, these should only be used as a guide.

Edit
Injury type Further Notes Amount
Multiple serious injuries plus financial losses Resulting in severe pain and suffering and financial costs. Up to £200,000+
Moderate brain damage (ii) There could be an intellectual deficit which could be assessed as being modest to moderate. The ability of the injured party to be able to work would be greatly reduced or removed. Epilepsy could be a risk. £90,720 to £150,110
Moderate brain damage (iii) The memory or concentration of the injured party could be affected in some way, but there would not be a significant need for them to depend on others. Some small risk of epilepsy may exist. £43,060 to £90,720
Severe arm injuries (a) The arm fell short of needing to be amputated, but the person has been left little better off than if it had been. £96,160 to £130,930
Severe hip & pelvis injuries (iii) A large number of severe hip injuries would result in claims being put into this bracket. One example could be acetabulum fracture leading to degenerative changes. The injured party may need a hip replacement in the future. £39,170 to £52,500
Moderate hip & pelvis injuries (i) Significant injuries to hips or pelvis. These would not, however, lead to any great permanent disability. £26,590 to £39,170
Severe ankle injuries (b) Treatment would be lengthy and injured parties may have had to spend quite a considerable amount of time in plaster. They may have needed pins and plates to fix the injury, but there would still be some level of disability that would severely affect their walking ability. £31,310 to £50,060
Moderate neck injuries (ii) Wrenching-type or soft tissue injuries that may result in cervical spondylosis, stiffness and discomfort. £13,740 to £24,990
Whiplash Tariff A whiplash injury paired with a mental injury that last less than 24 months but more than 18. £4,345
Whiplash Tariff A whiplash injury alone that last less than 24 months but more than 18. £4,215

As well as general damages, you could also receive special damages, which compensate for out-of-pocket costs caused by your injuries. These could include:

  • Loss of income
  • Care costs
  • Medical costs
  • Travel expenses

You will need to prove that these costs and losses resulted directly from your injuries. This is why it is important to keep hold of documents such as bank statements, receipts and payslips to support your claim. 

The Whiplash Reform Programme

With the Whiplash Reform Programme being introduced in May 2021, the way certain claims are made for road traffic accidents in England and Wales has changed. Now, if the following criteria apply to you, your claim will need to be made via another avenue:

  1. You were injured as a passenger or driver of a vehicle.
  2. You are aged 18+.
  3. The injuries you suffered are valued at £5,000 or below.

Furthermore, the whiplash injuries you have suffered will also now be valued in accordance with the tariff found within the Whiplash Injury Regulations 2021. These are fixed amounts, and we have featured some of them in the table above.

If you have any questions about which avenue you should take when making your car accident claim, you can contact a member of our team.

No Win No Fee Car Accident Claims

You may want to consider working with a lawyer for a car crash claim. They can help you through the claiming process, as well as helping you gather evidence and ensuring your claim is filed within the correct limitation period.

A car crash lawyer from our team could assist you with your personal injury claim under a type of No Win No Fee contract known as a Conditional Fee Agreement. With this contract in place, you would not have to pay your lawyer upfront for their services. Nor would you have to pay them throughout your claim’s process for their work.

Under the terms of the CFA, if your claim were successful, your lawyer would deduct a small percentage of your compensation as a success fee. There is a legal limit in place for the percentage this fee can be. Should your claim not succeed, you would not have to pay them for your work on your case.

Please contact an advisor to learn whether one of our car crash lawyers could help you with your claim on a No Win No Fee basis.

Helpful Links

If you’re interested in learning more about personal injury claims and how car accident lawyers could help you, the following resources may be of further use.

The below link provides more information on the compensation you could be entitled to:

More information on how much you could receive in compensation if injured in a car accident

More information on whiplash injuries. Please follow the link provided below:

Whiplash injuries

For details on how the claims process may vary as a passenger rather than a driver. Check out the link below.

Passenger claim for a car accident

For more information on how a Conditional Fee Agreement works if your claim goes to court.

What if my case goes to court

For information regarding road safety and the Highway Code, please click below:

Road Safety and the Highway Code

Or, for more guides: