By Lewis Hendrix. Last Updated 2nd August 2023. Have you sustained an injury due to someone else’s negligence in a road traffic accident? You may be able to make a motor injury claim. A motor injury can significantly impact your life, from being unable to attend social activities to taking time off work.
Compensation might not eliminate the suffering you’ve experienced, but it can make life a little easier as time goes on. It can compensate for the impact on your physical health, mental health and finances.
A guide on making a motor injury claim
Our team of advisers are available around the clock to offer free legal advice about your case. An adviser could connect you to the personal injury lawyers from our panel to discuss No Win No Fee agreements with you.
You can contact our team of advisers by:
- Calling them on 0800 073 8801 to discuss your claim.
- Chatting with them via our live chat pop-up for an immediate reply.
- Filling in our claims form online to receive a reply whenever is best for you.
Select A Section
- A Guide On Calculating Motor Vehicle Injury Claims
- What Is A Motor Vehicle Injury?
- How Many Road Accidents Are Reported Annually In The UK?
- How Do I Claim If The Other Driver Was Untraced Or Uninsured?
- Accidents Caused By National Highways Or Council
- What do I Need To Do Before Starting A Claim?
- What Are The Pre-Action Protocols For Vehicle Injury Claims?
- Time Limits To Start A Claim
- Eligibility To Make A Motor Injury Claim
- Calculating Motor Injury Claims
- What Damages May Also Be Available?
- Motor Injury Claims With A No Win No Fee Solicitor
- Learn More
A Guide On Calculating Motor Vehicle Injury Claims
Firstly, in this guide, we will discuss what a motor vehicle injury is and how many road accidents are reported annually. Next, we will look at how to claim if the other driver was uninsured or untraceable. There will also be a section where we explore accidents caused by the national highways or council.
Furthermore, in the guide, we will also talk about what you need to do before starting a motor injury claim and what the pre-action protocols for vehicle injury claims are. Additionally, there’ll be a section where we inform you of the time limits and how to be eligible to make a motor injury claim.
The guide will then include a compensation table showing how much compensation some injuries may be awarded. We’ll then go on to discuss what financial losses special damages can compensate for in a motor injury claim.
Moreover, in the next section, we will explore what a No Win No Fee agreement is and how our panel of personal injury lawyers work on this basis.
Finally, there’ll be some further guides and FAQs about motor accident claims to ensure you leave this article with as much information as possible about road traffic accident claims.
What Is A Motor Vehicle Injury?
A motor vehicle injury is an accident on the road where at least one vehicle collides with another vehicle, pedestrian, debris or another object on the road which causes an injury.
Motor vehicle accidents can involve:
Here are some examples of motor injuries:
- Fractured arm
- Leg fracture
- Broken ankle
- Fractured wrist
- Whiplash
If you’ve suffered a road traffic injury due to another road user’s negligence, you may be able to make a motor injury claim. Our team of advisers would be happy to have a chat with you about your situation and connect you to a personal injury lawyer from our panel if you have a valid claim.
How Many Road Accidents Are Reported Annually In The UK?
The below graph includes statistics provided by the Department for Transport showing the number of people slightly injured, seriously injured and fatally injured in reported road traffic accidents in Great Britain between 2015 and 2020.
Though the amount significantly decreased in 2020, the lockdowns during that year should be taken into consideration.
Motor injury claim graph statistics
How Do I Claim If The Other Driver Was Untraced Or Uninsured?
If you were hit by an untraceable or uninsured vehicle, you may be unsure whether you can make a motor vehicle accident and injury claim. However, you may be able to make a claim through the Motor Insurers’ Bureau (MIB)
When someone is negligent and causes someone else harm in a road traffic accident, their insurance company usually pays the compensation. This is why it can be difficult to make a claim against an uninsured or untraceable driver, as there’s no insurance company to pay.
However, the MIB help people claim compensation when the driver at fault is uninsured or untraceable. They consider compensation awards for property and vehicle damage as well as injury.
Accidents Caused By National Highways Or Council
National Highways is responsible for maintaining certain roads across England. The local council is also responsible for maintaining some roads.
This helps to prevent road traffic accidents from occurring. They’re also responsible for improving road conditions, ensuring vehicles can flow through roads easily, and clearing incidents and accidents as fast as possible to prevent traffic build-up.
Maintaining road safety includes:
- Fixing potholes and cracks in the road to ensure they don’t cause an accident.
- Improving busy roads that are planned poorly and therefore create traffic build-up.
If you suffered injuries in a road traffic accident caused by known hazards (for example debris, or potholes) or poor road conditions, you may be entitled to compensation. You could be able to claim against whoever is responsible for the road you suffered your accident on, which is usually National Highways or the local council.
What do I Need To Do Before Starting A Claim?
Here are some steps you can take before making a personal injury claim:
- Collecting as much sufficient evidence as possible – Producing evidence throughout your claim can help prove who was at fault for the road traffic accident. This could help you claim the maximum amount of compensation you’re owed. Examples of this evidence include CCTV footage, photos of your injuries and bad road conditions, and witness contact details.
- Seeking medical attention – If you’ve suffered an injury, it’s important to seek medical care as soon as possible. This ensures you receive a diagnosis and treatment promptly, which could give you the best chance of a smooth recovery. Furthermore, you can use your medical records as evidence in your claim.
To discuss whether you could make a road traffic accident claim, you can contact our friendly team of advisers. They’re always available to offer you free legal advice and discuss your situation with you. If you have a valid claim, they can connect you to an expert personal injury solicitor from our panel to discuss No Win No Fee agreements with you.
What Are The Pre-Action Protocols For Vehicle Injury Claims?
If you make a claim below £25,000, the Pre-Action Protocol for Low-Value Personal Injury Claims in Road Traffic Accidents comes into action. This outlines the conditions the claimant must follow throughout the road traffic accident claim.
This protocol exists to ensure that:
- The claimant receives their compensation in a timely manner.
- The claimant doesn’t need to begin legal proceedings as the defendant pays the damages in the way the protocol states they have to.
- The solicitor receives the correct costs
Furthermore, the protocol includes guidelines on the usage of medical records and provides time limits for when specific documents need to be sent.
Time Limits To Start A Claim
The general personal injury claim time limit is three years. That’s three years from the exact date that the injury occurred or three years from the date you realised your injury was caused by someone else’s negligence.
However, there are some exceptions to this:
- Child accident claims – If you’re under 18, the three-year personal injury claims time limit starts on the day of your 18th birthday. On the other hand, someone you trust can become a litigation friend to file the claim on your behalf sooner than this if you’d prefer.
- Lack of mental capacity – If you’re mentally incapacitated, the personal injury claims time limit begins from the date of your recovery. Alternatively, someone can act as a litigation friend to pursue the claim for you before this.
To discuss how much time you may have left to make a personal injury claim, you can contact our team of advisers to receive legal advice for free. They can have a chat with you about your claim and assess how much compensation you may be owed in a motor injury claim.
Eligibility To Make A Motor Injury Claim
In order to make a motor injury claim, you must:
- Have suffered an injury due to another road user’s negligence
- Not be at fault, or only partially at fault
If you were partially to blame, you may be able to make a split liability claim. Both parties would receive a percentage of compensation. For example, if both drivers are equally at fault, they will both receive 50% of the awarded compensation.
To discuss accident claims further, you can contact our team of advisers. They’d be happy to give you free legal advice and assess whether you have a legitimate claim.
Calculating Motor Injury Claims
The table below includes potential compensation figures from the Judicial College Guidelines (JCG) to show how much compensation some injuries may be worth. Solicitors may use the JCG when valuing injuries.
The below table is for example purposes only and the figures may vary.
| Injury: | Severity: | Notes: | Compensation: |
|---|---|---|---|
| Severe Leg Injuries | The Most Serious Injuries Short Of Amputation (i) | The awarded bracket is similar to amputation as the leg is little better off than if it had been amputated. | £90,320 to £127,530 |
| Severe Leg Injuries | Serious (iii) | Compound fractures or injuries, leading to long-term treatment and instability. | £36,790 to £51,460 |
| Arm Injuries | Severe Injuries | Similar to amputation awarded bracket as treatment is long and arm is little better off than if it had been lost. | £90,250 to £122,860 |
| Arm Injuries | Injuries Resulting in Permanent and Substantial Disablement | One or both arms suffer a significant fracture that leads to residual disability (functional or cosmetic). | £36,770 to £56,180 |
| Brain Damage | Very Severe Brain Damage | Eye-opening is recovering, there’s some ability to follow basic commands and sleep and waking patterns are returning. Barely any meaningful responses and full-time nursing care is needed. | £264,650 to £379,100 |
| Brain Damage | Moderate Brain Damage (i) | An intellectual deficit that’s moderate-severe. A personality change and significant risk of epilepsy. | £140,870 to £205,580 |
Compensation is generally split into general and special damages.
General damages compensate for the injury itself and how much it’s impacted your mental and physical health. For example, you may have suffered from post-traumatic stress disorder due to the trauma your injury has caused you.
Special damages compensate for the financial impact the injury has had on your life. For example, your family may have cared for you while you recovered from your injuries. You could claim back their time as compensation.
Please note that it may be difficult to receive special damages if you don’t provide evidence of the financial loss you’ve suffered. This evidence could include payslips or bills, for example.
What Damages May Also Be Available?
Here are some examples of what special damages may compensate for:
- Loss of earnings – You may have suffered a loss of earnings due to taking time off work whilst healing from your injuries. An example of evidence you could provide to prove this could be payslips from before and after suffering your injury. The difference in pay can then be compared to check how much money you lost.
- Care costs – Did you have to pay a carer to look after you whilst you were injured? If so, an example of evidence you could provide for this is bank statements to show how much you paid for the carer.
- Prescription medication – If you had to pay for prescription medication for your injuries, you may be entitled to compensation. You could gather prescriptions to prove this.
- Travel costs – You may be owed compensation if you paid out-of-pocket travelling to and from medical appointments. You could provide bus tickets or bank statements to prove this.
If you’d like to discuss special damages further, our friendly team of advisers would be happy to help.
Motor Injury Claims With A No Win No Fee Solicitor
One of our No Win No Fee solicitors could assist you through the motor accident claims process, provided you have a valid case. They could help ensure that all bases of your motor accident claim are covered.
Additionally, they may offer to represent you under a type of No Win No Fee arrangement called a Conditional Fee Agreement. Under this agreement, you won’t have to pay your solicitor any upfront or ongoing service fees. Furthermore, if your claim is unsuccessful, you won’t have to pay your solicitor for their services.
Should your motor accident claim succeed, a success fee is deducted from your award. The percentage that can be deducted as this fee is capped by the law.
To find out if one of our No Win No Fee solicitors could assist you with your claim, you can contact our friendly team of advisors. They can be reached via:
- Calling 0800 073 8801
- Using our live chat service.
- Contacting us online.
Learn More
Wrongful Death Claim – If you’ve lost a loved one due to an accident, you may be able to make a fatal accident claim.
£4 Million Brain Damage Payout After A Road Traffic Accident – Have you or someone you know suffered brain damage after a vehicle accident? Our guide explores compensation payouts for this.
Clinical & Medical Negligence Claims Guide – Have you suffered clinical negligence? If so, you may be able to make a medical negligence claim.
Making A Claim – This MIB page shows how you can make a road traffic accident claim for an uninsured or untraceable vehicle.
How Do I Know If I’ve Broken A Bone? – If you suspect you may have a bone fracture, this NHS guide includes information you should know.
Check Insurance Details – You can check that your vehicle is insured via this link.
Thank you for reading our guide about making a motor injury claim.