You can claim for a road rage attack if you suffered mental and/or physical harm during the incident. Since road rage attacks are usually deemed as deliberate actions, they are classed as a criminal injury claim, and can be made through the Criminal Injuries Compensation Authority (CICA), who compensate qualifying victims of violent crimes. The CICA will require you to provide a crime reference number, medical evidence and proof of financial losses. In general, you will need to start the claim within 2 years of the road rage attack, though we will explain when this differs.
Key Takeaways
- Road rage refers to an outburst of violent behaviour made by a driver towards another road user
- The effects of road rage do not always relate to physical harm, as violent language or threats may be used rather than assault
- Claims for road rage injuries often relate to broken bones, head injuries, psychological conditions and organ damage
- You can recover certain financial losses as part of a road rage compensation claim
- UK laws mean that violent behaviour and careless driving on the road is illegal.
A road rage attack can be a traumatic event. Our advisors understand this and have handled many enquiries of this nature. You don’t need to make a claim after contacting them, as you may simply want further advice at this stage. However, if you would like to proceed, they can confirm whether one of our experienced solicitors could represent you. Don’t hesitate to contact them if you have any questions:
- Call us on 0800 073 8801
- Complete an online enquiry form
- Access our live chat service using the pop-up window in the corner
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Jump To A Section
- Can I Claim For A Road Rage Attack?
- What Laws Are In Place To Protect Against Road Rage?
- Examples Of Road Rage Incidents
- How Much Compensation Can I Get If Injured Due To Road Rage?
- What Will I Need To Bring A Road Rage Attack Claim?
- How Can Accident Claims Help Me?
- More Information
Can I Claim For A Road Rage Attack?
Yes, you can claim for a road rage attack through the CICA, which is the body that provides compensation to those affected by violent crimes. In order to qualify for such a claim, the following criteria must apply:
- You experienced an injury (mental or physical) in a crime of violence, such as a road rage attack
- A report of the attack was made to the police
- The incident occurred in England, Scotland, Wales or another relevant place
- You started the claim within the appropriate time limit (we will explain this further later in the guide)
You may still be unsure as to whether you have valid grounds to make a road rage injury claim. There is no need to figure this out on your own, as our advisors are happy to assess this for you. Speak with them today to confirm whether you could proceed with the representation of one of our expert solicitors.
What Laws Are In Place To Protect Against Road Rage?
Laws that protect you against road rage include the Offences Against the Person Act 1861, which allows for charges to be made against a perpetrator of physical violence related to road rage. This covers actual bodily harm (ABH) and grievous bodily harm (GBH).
Other applicable laws include:
- Under Section 2A of the Road Traffic Act 1988 (RTA), it is illegal to drive in a way that a competent and careful driver would consider to be dangerous. Additionally, Section 3 of this act means that you cannot drive without due care and attention.
- Damage to your property, such as a vehicle, is outlawed by the Criminal Damage Act 1971.
- If a threat of violence is made against another person, then an offence has been committed due to the Public Order Act 1986.
If you don’t know whether your experience of road rage would be considered a crime, speak with a member of our friendly enquiries team today. They will give you the information you need, free of charge.
Examples Of Road Rage Incidents
Examples of road rage incidents include physical attacks, threats of violence and deliberate vehicle collisions. In each of the following scenarios, a claim for a road rage attack could be made:
- A motorcyclist deliberately drives into a pedestrian who is crossing using a zebra crossing, as they are angered at having to stop. The pedestrian suffers from broken ribs and internal bleeding.
- A driver pulls out at a junction without looking, causing you to both stop suddenly in the middle of the junction. They shout and threaten you with extreme violence. This causes you to suffer from long-term anxiety, especially when driving.
- After another car crashes into the back of your vehicle due to their driving above the speed limit, you exit your car to ask them for their insurance details. They assault you, resulting in a broken nose and leg.
Road rage attacks are varied in nature, so don’t worry if these examples don’t apply to your experience. Speak directly with one of our advisors to discuss your case.
How Much Compensation Can I Get If Injured Due To Road Rage?
How much compensation you could receive for a road rage incident will depend on the extent of your physical, psychological and financial effects. Firstly, set tariffs will be used to compensate you for the bodily and/or mental harm caused by the criminal offence when claiming through the CICA. These are provided by the Criminal Injuries Compensation Scheme 2012.
In the table below, you can read some examples of CICA payouts which often apply to road rage injury claims. The 1st figure is the maximum that the CICA can offer.
| Type and Severity of Harm | Compensation Tariff | Notes |
|---|---|---|
| Multiple forms of harm with special expenses and loss of earnings | Up to £500,000 | Multiple criminal injuries with costs incurred, such as lost income, payments to adjust the home and the replacement of physical aids that were damaged during the attack |
| Major paralysis | £55,000 | Moderate hemiplegia (impaired sensory or motor function affecting one half of the body) |
| Brain | £55,000 | Moderate brain damage meaning there is a moderate intellectual deficit, ability to work, personality change, dependence on others and effect on the senses |
| Leg | £44,000 | Loss of one leg above the knee |
| Mental injury | £27,000 | A seriously disabling, permanent mental injury which has been confirmed by the prognosis/diagnosis of a clinical psychologist or psychiatrist |
| Hip | £16,500 | Dislocation or fracture of both hips with continuing significant disability |
| Arm | £11,000 | Fracture of both radius bones resulting in significant continuing disability |
| Face | £11,000 | Multiple fractures, such as Le For fractures types 2 and 3 |
| Elbow | £11,000 | Fracture or dislocation of both elbow with significant continuing disability |
Can I Claim For Special Expenses In A Road Rage Attack?
Yes, a claim for a road rage attack can include special expenses, which allow you to recover certain financial losses associated with your injuries. For example, you can seek compensation for:
- The cost of replacing physical aids that were broken during the road rage attack (such as glasses and hearing aids)
- Payments made to adapt your home (this could apply to the installation of a stairlift or wet room)
- Purchasing specialised equipment required to live with your injuries (for example, a specially adapted car)
- The expense of hiring a professional carer to help you with bodily functions and food preparation
- Payments for assistance with your administrative affairs if you are unable to manage these yourself due to mental incapacity
- Supervision costs required to prevent you from harming yourself or others
These costs must have been reasonable, necessary, directly related to your injuries and not available for free elsewhere.
What About Loss Of Earnings?
You can add lost earnings to your claim if you meet the CICA’s specific eligibility criteria for doing so.
You can reach out to an advisor today to access a tailored estimate of your compensation. They will identify what aspects of your specific case are likely to affect your total payout.
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What Will I Need To Bring A Road Rage Attack Claim?
In order to claim for a road rage attack, you must have a police crime reference number, medical evidence and proof of your financial losses. You will also need evidence that you meet the residency requirements.
Police Crime Reference Number
It is important that you report the road rage attack as soon as you are able to do so. This is because the CICA will not assess your claim unless:
- A report of the incident was made to the police
- You are able to give them a crime reference number
The CICA may reject your case if you have delayed your police report without adequate reasoning. As part of the CICA process, they will contact the police when determining the validity of your claim.
Medical Evidence
Medical evidence is required in order to prove the physical and/or mental impact you suffered. Therefore, the following may be useful:
- A report from a psychologist, therapist or mental health specialist
- Hospital or GP records
- A&E attendance notes
Evidence of Financial Losses
As discussed previously, certain financial losses can be included as part of the compensation. However, you must be able to prove each loss that you wish to recover. Depending on the type of loss, you can do this by providing:
- Payslips or written confirmation from your employer
- Receipts or invoices
- Copies of bank statements
Please note that the CICA will only assess certain types of financial impact when assessing the case, so speak with an advisor today to confirm whether your costs could be compensated.
Time Limit for CICA Road Rage Claims
Most claimants will need to start a claim for a road rage attack through the CICA within 2 years of the violent incident. However, the CICA may allow you to claim outside of this time frame if you can prove that exceptional circumstances apply.
For a road rage claim involving a child, the following time limits apply:
- If the person was below the age of 18 at the time of the road rage incident and a report was made to the police, they will have a period of 2 years to claim, starting from the date of their 18th birthday
- If they were below the age of 18 when they were harmed due to road rage, but the incident was not reported to the police, they will have 2 years to claim, starting from the date on which a police report is made. They will also be required to prove that a report was not made earlier due to exceptional circumstances
The prospect of getting your evidence in order for a claim can seem daunting, so why not contact one of our helpful advisors? They could connect you to one of our No Win No Fee solicitors who have a detailed understanding of the CICA’s requirements.
How Can Accident Claims Help Me?
One of our solicitors here at Accident Claims can help you claim for a road rage attack by offering their expert legal services via a No Win No Fee contract referred to as a Conditional Fee Agreement (CFA). By signing this, there is no need to pay for your solicitor’s work:
- Before the road rage injury claim begins
- While the CICA is assessing your case
- If your claim is not successful
However, should the CICA compensate you for the road rage incident, you will owe a success fee. This is the percentage of the compensation that you pay to your solicitor. The percentage is subject to a legally binding cap, so you don’t need to worry about losing out. The major share of the compensation will remain with you.
Our solicitors have already secured over £80 million in compensation for claimants, demonstrating an excellent success rate. They can make each stage of the process less demanding for you, as they offer:
- Help when identifying what evidence the CICA will require
- Guidance on what time limit is appropriate for your case and how to prove whether exceptional circumstances apply
- Ensuring your special expenses are also included within your claim
- Expert handling of an appeal if you disagree with the CICA’s decision
- Insightful legal explanations and advice
Contact Our Advisors
If you are wondering how to take the next steps, get in touch with an Accident Claims advisor today. Whether you want to start legal proceedings, find out more information, or use our criminal injury claim calculator, we can assist you. Their advice is offered with no strings attached, so what do you have to lose by enquiring?
- Call us on 0800 073 8801
- Complete an online enquiry form
- Access our live chat service using the pop-up window in the corner
More Information
Visit our other criminal injury claim guides below:
- Read about domestic violence claims
- Find out about claiming rape compensation
- Learn about robbery compensation claims
External resources:
- Follow the NHS guidance on when to call 999
- Take a look at some answers provided by the police on road rage questions
- Find out what mental health services the NHS offers
Thank you for reading our guide on how to claim for a road rage attack.
