By Jo Jeffries. Last Updated 12th July 2022. In this guide, we are going to discuss car accident claims in length when the crash wasn’t your fault. To effectively discuss cases of this nature, we will address critical questions, such as “how can I prove fault in a car accident claim?” ‘Who decides fault in an accident?’ and ‘What makes an accident your fault?’Plus, we look at other FAQs, such as “Can I affect my right to claim by leaving the scene of an accident in the UK?’ and ‘What are the car accident fault determination rules for the UK?”
The Car Accident Fault Determination Rules For UK Claims ExplainedIt may shock you to learn that there are many casualties every year due to road traffic accidents in the UK. In fact, Government statistics for the year ending June 2021 indicate that there were 119,850 reported casualties of all severities in that year alone. If you have been involved in a road traffic accident that has resulted in injury, then you could look to us for assistance on what to do about it and how to go about proving fault in a car crash. If the accident that caused you or a loved one to become injured was not your fault, then you may be able to claim compensation.
Who Decides Fault In An Accident – Your Questions Answered
At Accident Claims UK, we have many years of industry experience helping personal injury claimants to achieve the compensation payouts they deserve. We have put together this guide to help answer some of the questions that people might have if they consider making a compensation claim for a car accident. We will look at how you could go about making a claim, how to prove fault in a car accident and what you may be able to claim for. If you have any questions regarding the details of your claim that we haven’t answered, or you would like a little more information, then why not give us a call on 0800 073 8801.
Choose A Section
- A Guide On How To Prove You Are Not At Fault In A Car Accident
- What Is A Car Crash?
- What Is Liability For A Car Crash?
- Tips On Proving Fault In A Car Crash
- How Can I Prove Fault In A Car Accident?
- Establishing That The Other Party Was Liable For The Accident
- How Do I Know If The Other Party Was At Fault And Prove It?
- Car Accident Compensation Calculator If The Accident Was Not Your Fault
- What Other Damages Could I Claim If I Prove Fault In A Car Accident Claim?
- No Win No Fee Help In Proving Fault In A Car Crash
- Why does Choose Accident claim UK To Handle Your Car Accident Claim?
- Talk To Us About How To Prove Fault In A Car Accident Claim
- Essential Links Relating To How To Prove Fault In A Car Accident Claim
Have you been injured in a car accident? If the car accident was not your fault, then there is a good chance that, as long as the accident occurred within the last three years (in most cases, there are some exceptions, you may claim compensation. To claim your accident, you would need to prove that you were not liable for the accident. In this guide, we will look at how I can prove fault in a car accident?
Who decides fault in a car accident?
We will discuss how you could work out which party is responsible for the car accident and also help you when it comes to determining specific circumstances, such as who is at fault in a car accident t-bone incident, determining fault in a car accident with a left turn, or who the fault lies within a car accident that involved a lane change. The guide also contains information about the amount of compensation that you may be awarded for your claim, together with details on how you would begin the claims process.
We will also explain in detail how the No Win No Fee claim service that we offer to claimants works. All of this should help with the question, “how can I prove fault in a car accident claim?” If there are any questions that you have that have not been answered within the guide or would like more help with proving fault in a car crash, then please do not hesitate to contact us.
So, how do I prove that I wasn’t at fault for a car accident?
To begin with, you must prove that someone else was responsible for causing your accident. Then, you must provide medical evidence linking your injuries to the accident. And you should also prove that the perpetrator breached their duty of care as per the Highway Code. If you can do this, then you’re able to prove that you’re not to blame for the car accident. And you can also prove that someone else was liable, hence you then being able to make a compensation claim.
Unfortunately, road traffic accidents can and do happen in the UK, and there are many ways in which they could take place. Careless driving or driving under the influence are just some of how this type of accident might occur. Issues with the roads themselves, such as potholes, could also be a cause of car accidents. RTAs could also be caused by other vehicles and even pedestrians. It doesn’t matter what type of accident you have been involved in. You would need to prove that the fault for the accident lies with another person for any claim to be successful.
Who decides fault in a car accident?
While in some cases, it might be quite clear that one party is at fault, in others proving fault in a car crash might be more difficult. In some cases, the liability for a car accident may be shared between you and another party. In this instance, whilst you may still receive a compensation payout, it is likely to be lower to reflect this.
If you are involved in a car crash, it could be important to remember that, under the rules set out in the Highway Code, there are several steps that you should take when it is safe to do so to prevent further accidents from taking place. These steps include such measures as putting your hazard warning lights on to alert other road users to the accident, and leaving your vehicle via the left-hand side and moving away from the side of the road and any other traffic – unless you are injured. You should also take measures to inform the accident’s emergency services as soon as possible if your vehicle is causing a road hazard or people are injured.
No matter what type of personal injury claims you are considering making, one pivotal factor is that you need to be able to provide proof that the liability lies with the other party. If you can do this, you could have a greater chance of a successful outcome for your compensation claim. It is important that in the case of a car accident, you would need to prove that the other party acted negligently or made an error, whether this was because they were speeding, not paying attention to the road or some other reason.
Fault in a car accident – Who has liability?
So, what does constitute liability for a car crash? In the other party caused the accident that the other party caused the accident. Then you need to prove that any injuries you have suffered were a result of that accident. If you have been in a car accident, regardless of whom is at fault, you should advise your insurance company of the details of the accident, even if you are not planning to make a claim; you may, later on, decide that you do want to pursue a claim.
What else matters as well as fault?
In addition to proving who was liable for the car accident, there are a couple of other important factors that may have to be considered when looking at road traffic accidents. When it comes to making claims of this nature, it is important to consider the personal injury claims time limit; if you are pursuing a claim, then the incident to which the claim relates must have taken place within the last three years in most cases. However, there are a few exceptions to this. It’s a good idea to call us to check what the limit would be in your case.
If you have been injured due to a car crash, no matter how minor those injuries are, it could be important to seek medical advice. If you later decide to pursue a claim for compensation in respect of your injuries, then this proof of your injuries could play a vital role in helping you to pursue a successful claim – although you would need to attend a medical appointment to have an independent assessment done as part of your claim. Keep this in mind as you think, “how can I prove fault in a car accident claim?”
It could be important for claimants to know how to prove fault in a car accident to give a claim a good chance of being successful:
See A Medical Professional
If you have been injured, no matter how minor the injury is, it could be important to seek medical attention. Some injuries, such as minor whiplash, may not seem severe enough to warrant medical attention; however, symptoms could persist or worsen, so it may be wise to see a doctor as soon as possible.
Call The Police
In the case of a major car accident, or one where the crash scene may cause danger to oncoming traffic, the emergency services must be contacted on 999. However, if the person who caused the accident has left the scene, the police should also be informed. When it comes to proving fault in a car crash, it could be useful to inform the police as this will focus specifically on the circumstances of the accident and also lead to a police investigation.
Be Careful What You Say
Following a crash, it may be that emotions could be heightened. It could be important to be careful regarding what you say, and it might be a good idea to act with discretion. We’d advise anyone in this position to keep things as brief as possible, exchange insurance details and allow your solicitor to handle the situation for you.
If you can do so, you might wish to take photos at the scene of any damage that has occurred, including damage to vehicles. It may be a good idea to take pictures of any visible injuries that you may have. If you cannot take photographs due to your injuries, then somebody else may be able to take them for you.
It may be possible to claim for out of pocket expenses as part of your claim if these have been necessary because of your injuries. This might be things like hospital bills, cost of medicines, travel costs for medical appointments, loss of income and more. We’d advise claimants to keep receipts that relate to any of these costs.
Look Into Getting Assistance From A Personal Injury Solicitor
Some people, especially those who have had a loss of income due to injuries sustained due to an accident, could decide to pursue a claim for compensation on their own to save money. To get the appropriate advice and assistance possible for your claim, it could be wise to use the services of a legal professional who has experience in dealing with this type of claim.
Every case is different, and someone who has the specialist expertise could be able to deal with any complexities that might arise, including how to tell who is at fault in a car accident, and whether you can dispute fault in an auto accident, what happens if a car accident is your fault in part, and more. Accident Claims could provide you with a personal injury lawyer who will build a strong claim case and get you the compensation you deserve.
Be Prepared To Deal With A Car Accident
This matters when considering, “how can I prove fault in a car accident claim?” Now, nobody wants a car accident to happen, but with so many accidents occurring on the road, it may best to be prepared in case the worst should happen. Always carry a pen and paper with you in your car and ensure that your mobile phone is charged. In the event of a crash, you would then be able to:
Evidence and actions to take to collect it
- Make a note of the other driver’s details – Contact details including name, car details, colour, make, model, and registration could be taken. If they refuse to give their details, then you may want to make a note of what you can and ensure that the accident is reported to the police. It is an offence to refuse to swap details in the event of an accident.
- Make a sketch – You could sketch the scene of the incident, including and signs and road markings. It may be wise to include the position of any vehicles during and following the accident. You could also take photos if you are able.
- Witnesses – You could note down the names and contact details of any witnesses to the accident before they leave the scene.
- Make notes on other involved parties – You could take a description of the other driver and anyone else in their car. Other passengers could have the potential to be a witness to the accident.
- Note down police details – It might be appropriate to write down the names and reference numbers of any police who attend the accident.
- CCTV – You could also take notes of any nearby CCTV cameras, including dashcams, which may have captured the accident.
These are all things that may prove very useful in assisting in the investigation of the claim to help with proving fault in a car crash.
What Should I Do If I Can’t Record Details At The Scene Of An Accident?
If, as a result of any injuries that you have suffered, you are not able to record details at the scene, then your solicitor could contact the police for their assistance. If you can, it may be helpful in this instance to at least get the name of the other driver. Should you have a passenger who can do so, then you could ask them to gather some of the information that could help your claim and take any photos. The evidence is very important to consider when thinking, “how can I prove fault in a car accident claim?”
Whether you are looking at how to prove you are not at fault in a car accident in the UK or prove that the other party is at fault, it would be important to establish exactly what happened if you are looking to make a claim. As we have already discussed, there are several ways in which you could help your solicitor by collecting details and evidence in the form of drawings or photographs when the accident occurred. However, in some instances, it could be hard to see who is responsible for the accident, and you may be asking: ‘How can I prove fault in a car accident?’. If this is the case, then there are some things that you could take a look at. These things include the regulations on car accident fault determination rules in the UK:
Factors to consider
- Was the accident a driver mistake? Under the law, this is classed as “negligence.”
- You could think about the Highway code. This details UK road safety rules. This could help you in proving fault in a car crash.
- You could also use common sense to work out if something could have been done differently.
- Once you have looked at steps 1-3, you would then need to prove your injuries occurred because of the accident.
There are four more steps that you could take to help with proving fault in a car crash:
- If you were hit from behind by another driver, it could be relatively straightforward to show fault.
- You could reference the Highway Code and use this with the driver’s actions to show liability.
- You could use common sense. If the car behind were driving too close, this would show a mistake was made.
- A GP report could help to show that your injury occurred due to the accident, but you would, as mentioned before, also need to see an independent doctor as part of your claim.
If you’ve been injured in an accident that was not your fault where someone did not adhere to the Highway Code and could have avoided the accident had they acted differently, then you could claim compensation. You would need medical evidence and would need to prove that the other driver caused your injuries. If you’re at all concerned about the evidence needed to show who was at fault in a road traffic accident, then a personal injury lawyer could be of real assistance. They could help with proving fault in a car crash and would have the capability to build a case on your behalf. This is worth being mindful of as you wonder, “how can I prove fault in a car accident claim?”
If you were interested in learning how much compensation you could get for your claim if you can prove fault in a car accident, you might be surprised to learn that there is no definitive accurate answer to this. Every separate claim is dealt with according to its own facts and circumstances. You’d need to attend an appointment with a medical professional at which they would ask you questions about your injuries, and they would examine you too. Based on their assessment of your injuries they would write a medical report that courts and lawyers could use against a publication called the Judicial College Guidelines to determine compensation settlements. Below, we have produced a table with figures from this publication. It covers some common injuries you could suffer in a car accident, as well as the guideline settlement amounts for such injuries.
|Injury type||Severity of injury||Amount|
|Neck injuries||Moderate (i)||£24,990 to £38,490|
|Pelvic injuries||(a) Severe||£78,400 to £130,930|
|Back injuries||Severe (i)||£91,090 to £160,980|
|Big toe||Amputation||Around £31,310|
|Wrist injury||Very minor||£3,530 to £4,740|
|Wrist injury||Very severe||£47,620 to £59,860|
|Neck injuries||Severe (i)||In the region of
|Back injuries||Minor (i)||£7,890 to £12,510|
|Hand injury||(g) Less serious||£14,450 to £29,000|
If you cannot find your specific injury here, then contact us and explain your injuries. We could advise you over the phone on the Judicial College’s guideline for your injury.
As part of your personal injury claim for an injury sustained in a car accident, if you are successful in proving fault in a car accident, you might be able to receive compensation for other damages that you have incurred as a result of the accident (special damages). These might include
- Loss of earnings – If you have had to take time off work as a result of your injuries and are on reduced pay, you may be able to claim compensation not only for the loss of these earnings but future ones as well.
- Medical costs – You might have to pay for additional medications or treatments such as physiotherapy. You could claim for these.
- Travel costs – If you travel to medical appointments, you could claim for these travel costs.
- Care costs – If, as a result of your accident, you have required assistance in the home, then you could also claim for these costs as part of your compensation for a car accident claim.
Other special damages
If you have sustained another cost that you feel is directly associated with the car accident that led to your injuries, then you could give us a call and ask our team if it could be included as special damages within your personal injury claim. All of this is important as you ask, “how can I prove fault in a car accident claim?”
A No Win No Fee solicitor could help you to claim compensation for a car accident. No win no fee claims work by using a conditional fee agreement, a document that you sign, which states that your solicitor will be paid if your claim is successful and you receive a payout. This “success fee” is a percentage of your compensation amount and will be no more than 25% due to the government cap. You do not need to pay any money upfront to the solicitor, and if your claim is deemed to be valid but no payout is made, then you would not owe them any money. A No Win No Fee solicitor who has experience of this type of claim could work on your behalf, using their experience to help with proving fault in a car crash and getting you the settlement you deserve.
At Accident Claims UK, we treat every client as an individual. This means that we will look at all the details of your case and ensure that we have everything in place that you need to pursue a compensation claim. We understand that being in a car accident could affect people differently and that the details of no two cases will be the same and should, therefore, be looked upon in their own separate way.
Our team is here to help you with your personal injury claim for compensation following a car accident. Whether you are ready to begin your claim or have some questions, we could help you. We are dedicated to assisting claimants in getting the maximum amount of compensation possible for their claims which could help them get their lives back on track after such an incident.
So, do you still wonder, “how can I prove fault in a car accident claim?” Are you looking to start your claim or would like some advice on who determines fault in a car accident, what happens in a car accident where no one admits fault or how you could make a claim using Accident Claims UK services?
Whichever position you’re in, there are several different forms of contact information in which you can reach us.
We are available on our freephone helpline number 0800 073 8801, where you will be able to speak with one of our advisors directly.
If you prefer to file a claim via email, then you can get in touch with us directly at email@example.com.
There is also the option to contact us for legal advice using the Live Chat feature on our website.
Still asking “how can I prove fault in a car accident claim?” These additional research links could be of use.
Car Accident Claim Guide – The information in our guide on car accident claims may be helpful.
Whiplash Claims – If you have suffered a whiplash injury, you may like to look at our compensation claims calculator.
Taxi Accident Claims – Our general guide on Taxi accident claims might answer some of your general questions.
Highway Code – If you are unsure what to do in an accident, the Highway Code has some useful information.
Whiplash Treatment – You can find the NHS guide on whiplash treatment options here.
MIB – Has an untraced or uninsured driver caused an accident? Your solicitor could still help prove fault in a car crash of this type to help your claim with the MIB.
How can I prove fault in a car accident claim FAQs
How do I prove my car accident injury?
You would be required to attend a medical assessment to support your car accident claim. By attending an assessment, the professional will evaluate the type of injury you have endured, the severity, and outline future implications. All of this information will then be used to value and support your claim.
How common are car accidents?
As outlined by the Department of Transport, there were 1,752 reported road deaths in 2019. It was also stated that there were 25,945 serious injuries in road traffic accidents and 153,158 casualties of all severities.
What statistics of vehicles cause a car accident?
In terms of absolute counts, car occupants (including car drivers and car passengers) come out as the road user group with the greatest number of casualties and fatalities each year (42% of total fatalities and 58% of 2019). However, there were other factors. For instance, the following vehicles accounted for a certain percentage of each of British roads. Pedestrians 27%, motorcyclists 19% and pedal cyclists 6%.
How has COVID-19 affected car accident statistics?
If you are wondering how the pandemic affected car accident casualty statistics, we can look to the DfT website and assess the statistics they published for 2020. According to their provisional figures, the number of casualties dropped from the previous year. However, as you can see below the number of cyclists injured on UK roads was higher than it was pre pandemic. There were four month’s worth of lockdowns in the UK because of the coronavirus pandemic, and traffic on UK roads reduced as a result. However, more people took up pedal cycling, which may account for the rise in the rate of people injured while they were cycling.
As you can see, it isn’t just car occupants that have been injured on UK roads. If you could prove faults in a car accident that involved a pedal cyclist, motorcyclist or other road user or pedestrian, you could still make a claim for compensation. We could help you to do this.
Do police reports say who is at fault?
They don’t state who is responsible, but this could influence the insurers and the courts in deciding who’s to blame.
How does insurance determine who is at fault?
This relies on the factors such as the evidence surrounding the accident and the severity of the injuries.
Can I affect my right to claim by leaving the scene of an accident in the UK?
As per Section 170 of the Road Traffic Act 1988, a driver has a duty to stop at the scene of an accident that they are involved in. As such, if you are involved in an accident, you should stop to exchange details. You should also report the accident to the police if personal injury or damage to a vehicle has been caused. If the crash wasn’t your fault, you should still stop.
When it comes to applying car accident fault determination rules in the UK, it would be wise to document everything. That way, those assessing a claim can use all the evidence to arrive at an accurate picture of whose fault an accident was.
What if the crash wasn’t your fault but the other person left without stopping?
If the crash wasn’t your fault and the other person left without stopping, it would be in your best interests to call the police as soon as possible. They could record what has happened, and you could use the police report to evidence your claim for compensation.
Where can I find car accident fault determination rules for the UK?
You can look at the rules of the road by reading the Highway Code which covers England, Scotland and Wales.
Does insurance pay if you’re at fault?
Unless it’s a split liability claim or a 50/50 claim, the insurers don’t pay if you cause the accident.
Should I admit fault to my insurance company?
It would help if you never admitted fault to an insurer because it could prevent you from receiving any compensation.
How long does a car accident stay on record?
For your insurers, a car accident could be on your records for 3-5 years.
What makes a car accident your fault?
There are lots of factors that could make a car accident your fault. Obvious reasons you could be at fault for a car accident could include drink driving and speeding. Failure to stop at traffic lights leading to an accident could also make it your fault.
In some cases, however, it may not be clear who is at fault for a car accident. If the car accident causes damage to property or injuries, it is vital that you contact the police.
Who decides fault in a car accident?
Who decides fault in a car accident depends on a few factors. For instance, the evidence you provide in support of your claim may play a role in deciding who is liable for the accident that caused your injuries.
Could my solicitor determine who is at fault in an accident?
In some cases, you may be able to get legal advice on who was lawfully in the right or in the wrong in a car accident. If you would like to speak to us about a car accident and you’re not sure who was at fault, please call us. We could assess the specifics of your case, and ascertain whether you could be eligible to claim compensation. If we believe you could have a claim, and it has a favourable chance of success, we could provide you with a solicitor.
Thank you for taking the time to read our guide on how can I prove fault in a car accident claim.