By Danielle Griffin. Last Updated 27th March 2023. Throughout this fatal accident claims guide, we aim to discuss car road accident death compensation claims in detail. We shall provide free legal advice on making a road traffic accident claim and tackle major questions relating to the car accident death compensation claims process. We also include an alternative to a road accident death claim calculator and explain who could claim for a motor accident death. Plus, we offer guidance on fatal car accident compensation payouts in 2023 claims, as well as detailing how we could help those bereaved by fatal car accidents and fatal road accidents make a car accident claim.Fatal accident claims can be complex. We could help make claims against those causing death by careless driving. Plus, we could off free guidance on claiming for the death of a family member. If you’ve lost a loved one, compensation for a car accident in which they were fatally injured could help you to handle costs and losses caused by their death. We could help eligible claimants claim for a car accident like this.
If a close friend or relative has been killed in a fatal road accident, then you are likely to be suffering through a challenging time. Did you know, however, that you may be able to claim fatal road accident compensation for the pain and suffering experienced by your loved one but also for the impact on you both emotionally and financially. This guide will explain how and why you may be eligible to make a car accident death compensation claim and read on to find out more.
If you decide that pursuing a car accident, a death compensation claim is right for you than Accident Claims are the best people to help. We have a team of highly experienced and professional staff who will support you throughout your claim and help you win the compensation that you deserve. Call us on 0800 073 8801.
Select A Section
- Fatal Car Accidents – A Fatal Accident Claims Guide
- Careless Driving Leading To Death
- Dangerous Driving Leading To Deaths
- Fatal Car Accidents – Who Can Claim?
- How To Prove A Claim When Someone Dies In A Car Accident
- Fatal Car Accident Claims – Potential Compensation Payouts
- No Win No Fee Compensation For Fatal Car Accidents
- Useful Links Relating To Claims For A Motor Accident Death
Fatal road accidents can happen for a number of reasons. For example:
- Drunk driving
- Driving while using a phone
- Driving under the influence of drugs
- Adverse weather conditions
In some cases, a road traffic accident claim could be made for fatal injuries. However, it would need to be proven that another road user breached the duty of care they owed causing another road user to sustain harm as a result. This is negligence.
Road users have a duty of care to one another as per the Road Traffic Act 1988. This means they must navigate the roads in a way that reduces the risk of others sustaining harm. Also, the Highway Code contains guidance on the responsibilities different road users have.
Contact our team for more information on fatal car accidents and how to claim, or read on to learn more about the wrongful death claims process.
Sadly, fatalities on the road are often caused by people driving carelessly or dangerously. There are several ways that a driver can be classed as driving carelessly including speaking on a mobile phone or listening to the radio whilst driving, driving through a red light recklessly, being too close to another vehicle on the road, overtaking inappropriately on the wrong side of a vehicle or getting in the path of another vehicle on the road. These are the most common causes of fatality by careless driving.
They are taken from section 2B of the Road Traffic Act 1988 which has since have been amended by the Road Safety Act 2006, section 20. The Act also specifies how you can go about claiming compensation for death by careless driving. Still, the law is always a complex area, so contacting a personal injury solicitor is the best way of unpicking the details and finding out whether you can make a car accident death compensation.
Dangerous driving is classified by section one of the Road Traffic Act 1988. Examples of incidents that can be included under the umbrella of dangerous driving include driving a faulty or malfunctioning vehicle, travelling above the speed limit set by law, ignoring red light signals, overtaking dangerously or driving whilst listening to the radio, speaking on the phone or reading.
Some of these examples appear very similar to those in the careless driving section. However, dangerous driving suggests that an act was carried out wilfully or negligently whilst under the influence of alcohol, drugs or both. Dangerous driving involves criminal behaviour which will become evident during a court case.
If you believe that a family member or friend suffered death caused by a fatal car accident in which dangerous driving was a factor, you should contact a personal injury lawyer who will carry out a death compensation calculation on your behalf.
If you have lost a loved one because of someone causing death by careless driving, you may be wondering if you can claim compensation on their behalf.
In some cases, a claim for compensation for the death of a family member could be made by those who are eligible. We have explored this in more detail in the section below.
Who Can Claim Compensation For The Death Of A Loved One?
Under the Law Reform Miscellaneous Provisions Act 1934, the estate of the deceased can bring forward a claim on behalf of the deceased for their pain and suffering.
The Fatal Accidents Act 1976 allows dependents to make a claim for the way the death has impacted them. A dependent can include:
- A wife, husband or civil partner, either current or former
- Someone who was living with the deceased for two years as spouses before their death
- A parent or other ascendant of the deceased or anyone who was treated like a parent
- A child or other descendant of the deceased or someone who was treated like a child because of relation
- The brother, sister, uncle or aunt of the deceased including any of their children.
Certain dependents may also qualify for a bereavement award which is outlined in the FAA. We have provided more detail on this in another section in our guide.
To learn more about compensation in fatal accident claims, get in touch on the number above. Or, read on to learn more about fatal car accidents and the claim process.
If your loved one suffered a car accident death and you would like to claim on their behalf, you must be able to submit evidence. As stated above, road users owe each other a duty of care. You must be able to prove that a breach in this is what caused your loved one’s death.
Evidence that could be helpful in a compensation claim for a fatal accident includes:
- Medical records. These will show your loved one’s injuries.
- Witness contact details. If anyone saw the accident that caused your loved one’s death, you could make a note of their contact information so they can provide a statement later on.
- Accident footage. For example, from a dashcam.
- Photographs of the accident scene. You could submit photographs from where the accident occurred or photographs of the damage to your loved one’s vehicle.
If you have any questions about what evidence could be helpful, call our advisors. They can help you understand what happens when someone dies in a car accident in the UK and answer any queries you have about the claiming process. Call today for more information about fatal car accidents.
Claims For Fatal Car Accidents – What Are The Time Limits Involved?
The Limitation Act 1980 sets out the limitation period for starting claims following a death on the road. In fatal car accidents, the time limitation is usually three years from the date the death occurred. Additionally, a claim may be started three years from the date it was established that the death on the road was caused by the negligence of a third party.
There are some exceptions to this time limit. Speak to our advisors to find out more about these exceptions or for more information on fatal accident compensation claims.
Compensation for a car accident can be awarded for the pain and suffering of the deceased.
The Judicial College Guidelines could help legal professionals calculate how much compensation is owed. This contains guideline compensation brackets. We have used these in the table below. However, they should only be used as a guide.
|Fatality and claim add ons||The award may include compensation for the deceased's pain and suffering plus losses affecting the dependents.||£550,000|
|Tetraplegia/Quadriplegia||The award considers pain, awareness and life expectancy.||£324,600 to £403,990|
|Paraplegia||The award will consider pain, level of independence, mental health and life excpectancy.||£219,070 to £284,260|
|Very Severe Brain Damage||The award will consider whether the injured party has any insight as well as their life expectancy.||£282,010 to £403,990|
|Severe Psychiatric Damage||The award will consider the injured party's ability to cope with life and relationships.||£54,830 to £115,730|
|Death with full awareness||The injured party would have suffered full awareness of impending death for a short while and then 4-5 weeks of consciousness fluctuations before succumbing to their injuries within three months.||£12,540 to £23,810|
There are other forms of compensation that can be awarded in a claim for a car accident. For example:
- Bereavement award – In some cases, certain eligible family members could be awarded a bereavement award. The figure for this is set at £15,120 and is outlined in Section 1A of the Fatal Accidents Act 1976.
- Loss of services – Examples of this can include help caring for children or DIY around the house.
To learn more about what you could claim for following a death on the road, contact our team of advisors.
Claims for fatal car accidents could be made with a solicitor. Our team of expert solicitors offer their services through a No Win No Fee agreement, which means if your claim is found to be valid, they may offer their representation under a Conditional Fee Agreement (CFA).
By agreeing to a CFA, you pay your solicitor no success fee if your claim does not succeed. If it does, your solicitor will take a small percentage of your award as their success fee. However, this percentage has a legal cap, to help ensure that you keep the majority of your compensation.
Our advisors know that you may need additional support and we are here to provide it. We are a leading claims service in this area, but knowing our stuff about the law, we really care about our clients and want to provide you with all the help we can at this difficult time. Therefore, if you choose us, we guarantee you will be well supported by our friendly and professional team every step of the way.
Contact Accident Claims UK Today To Begin Your Claim
Once you have decided to make your personal injury claims, contact Accident Claims UK. We suggest speaking to us as soon as possible to start arranging the collection of evidence. Speak to us today on 0800 073 8801 or get in touch us via our online form and we’ll get right back to you. We also have a live chat if you’d like to ask us any questions about your claim.
Useful Links Relating To Claims For A Motor Accident Death
Following a death, there is a legal procedure to follow. This may seem overwhelming at the time, so this website from Citizens Advice helps you understand the steps to take.
Bereavement can be devastating, and you may be confused by some of the emotions you’re feeling. There is no right or wrong way to feel, but the NHS website can help you understand ways of coping and how to contact somebody if you feel you need some additional support.
You may have been a passenger involved in the road traffic accident. If so, you may be entitled to claim compensation. Here is our guide to car accident claims.
Other Helpful Guides
- Taxi Accident Claims
- Back Injury Claims
- Advice on claiming for death after a fatal accident. Learn more about the fatal accident claims process with our guide.
- Learn how to claim compensation for a death in a care home due to negligence with our helpful guide.
- Learn how to claim for a death due to medical negligence with our helpful guide.
- Get advice on claiming under the Fatal Accidents Act for a bereavement award with our article.