By Jo Anderson. Last Updated 4th January 2024. Ice and snow can cause hazards on the road, and motorists should take extra care when travelling in this type of weather. If you’ve been injured in a road accident on ice or snow, you may be able to make a personal injury claim. However, you will need to prove that a relevant third party breached their duty of care and that this is what caused your injuries.
In this guide, we will discuss the eligibility criteria for making a personal injury claim for a snow or ice accident, including who you could potentially make your claim against. Furthermore, we will share examples of the evidence that could be used to help support your case. This guide also discusses how compensation is calculated in personal injury claims, and how a No Win No Fee solicitor could help you with claiming compensation.
If you have questions while reading this guide, or you’d like to check your eligibility to claim, please don’t hesitate to get in touch with our advisors. They are available 24/7 and can be reached by:
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- Eligibility Criteria To Claim For An Ice Or Snow Accident
- How To Prove A Car Accident Caused By Ice Or Snow
- Compensation Amounts For Car Accidents Caused By Ice And Snow
- No Win No Fee Ice And Snow Car Accident Claims
- Useful Links Relating To Snow And Ice Car Accidents
Snow car crashes are not always anyone’s fault. However, if somebody is not taking care to drive carefully when there is ice and snow on the ground, you might find that you could be eligible to claim compensation for an accident on ice.
This is because every road user has a duty of care towards other road users. They must not use the roads in a manner that would cause undue harm to themselves and others under the Road Traffic Act 1988. They must also use the rules and guidance of the Highway Code.
To be eligible to claim, you would need to prove that somebody breached a duty of care towards you and that you were injured as a result. This could involve a driver not leaving a safe stopping distance, driving carelessly or dangerously, or ignoring road signs, for example.
However, there are other people that may owe you a duty of care. Those in control of the safety of the roads must also ensure that they are safe to use. In the case of snow and ice, this may mean gritting the roads or clearing snow. Failure to do so could lead to them being held liable for injuries that occur as a result.
To learn whether you could make a claim for an accident caused by snow or ice, please contact an advisor.
How Long Do I Have To Claim For A Car Crash Caused By Snow Or Ice?
If you’re eligible to claim compensation for an ice accident, you will need to be mindful of the time limits for personal injury claims. The Limitation Act 1980 typically requires claimants to file their claim within three years of the date of the accident. However, there could be some exceptions to this.
For example, if snow accidents have caused a child to be injured, the limitation period would pause until they turn 18. During the pause, a responsible adult, such as a parent or solicitor, could file a claim on the child’s behalf by acting as a litigation friend. The courts appoint suitable litigation friends. If no claim was filed during the period before they turn 18, the injured person could have three years to claim from their 18th birthday.
There are further exceptions to the time limit for injured parties in snow accidents who lack the mental capacity to make their own claims. The time limit in these instances is paused indefinitely. An appointed litigation friend can claim on the injured party’s behalf during this time. If the person recovers their mental capacity and no claim has been made on their behalf, they will have three years from the recovery date to start their own claim.
To learn more about this, or to check how long you’d have to file your claim, please contact an advisor.
When making a personal injury claim for an injury caused by an accident on ice you will need supporting evidence to show who was at fault for the accident and how you were injured.
The types of evidence that may help to prove liability in an ice car accident could include:
- Witness details – Your solicitor could approach any witnesses for a statement to support your claim. However, you would need to be able to provide their contact details.
- Evidence of the accident – Accident reports, CCTV footage, or photographs of the scene of the accident could all be useful to support your claim.
- Medical evidence – If you have sought medical advice or treatment for injuries sustained in an ice accident, there will be a record of this in your medical notes. Additionally, you may need to have an independent medical assessment as part of your claim.
- Evidence of costs and losses – If you have incurred any extra costs or losses due to your injuries, keeping documentation relating to this could be vital in securing special damages.
To learn more about gathering evidence for a car accident claim and how our solicitors could help you, please contact an advisor.
There are many factors that impact how much compensation you could receive for a snow or ice car accident. Every case is different and must be assessed on its own unique facts and circumstances. However, if your claim is successful, it could result in a payout that includes general and special damages.
General damages is a head of claim that would compensate you for the suffering and pain caused by your injuries. Those calculating such damages could look at the Judicial College Guidelines (JCG), which is a publication that provides a range of injuries at different severities and assigns them guideline compensation brackets. The table below has figures from the 2022 edition of the JCG, aside from the top figure. This table should only be used as guidance.
|Combinations of serious injuries with financial costs.
|Up to £1,000,000+
|Multiple injuries when combined that cause financial losses such as loss of income, and pain and suffering.
|£150,110 to £219,070
|In this bracket, the injured party suffers a moderate to severe intellectual deficit, personality changes and an impact on the senses and speech. There is also a significant epilepsy risk.
|£96,160 to £130,930
|This bracket includes injuries that are extremely serious and leave the claimant no better off than if the arm had been amputated.
|£38,780 to £69,730
|In this bracket, the claimant experiences remaining disabilities despite treatment following disc lesion, fractures or soft tissue injuries.
|Hips and Pelvis
|£26,590 to £39,170
|This bracket includes significant injuries that do not result in major permanent disability.
|£24,990 to £38,490
|This bracket includes injuries that cause severe immediate symptoms that possibly require a spinal fusion.
|£9,110 to £30,090
|In this bracket, the worst of the scarring has been reduced by plastic surgery, but some cosmetic disability remains. The psychological reaction is either not great or has diminished to be relatively minor.
|£10,200 to £15,780
|In this bracket the claimant suffers a lasting impact from serious fractures that required surgery.
|With minor psychological damage
|This tariff is for claimants that suffer from the symptoms of whiplash and a minor psychological injury for 18-24 months.
|Without a psychological injury
|This tariff is for claimants suffering from whiplash symptoms for 18-24 months.
Along with general damages, you could also receive special damages to compensate for the costs and losses you’ve sustained due to your injuries. These could include:
- Care costs – if you needed home care while recovering, for example.
- Medical expenses – for prescription costs and mobility aids, for example.
- Travel expenses – for transport to doctor’s appointments or to see your lawyer.
- Loss of pay – if you’ve lost out on income being unable to work due to your injuries.
You will need to provide evidence that such costs and losses were incurred as a direct result of your injuries. For example, this could include your payslips and any relevant invoices.
To receive a free valuation of your personal injury claim, you can contact one of our advisors.
Your claim for injuries suffered in an accident on ice may be impacted by the Whiplash Reform Programme. The Reforms changed how certain road traffic accident claims are made in England and Wales. They apply to drivers and passengers of vehicles over the age of 18 who suffered injuries valued at £5,000 or less.
Whiplash injuries will now be valued in accordance with the tariff found in the Whiplash Injury Regulations 2021. These amounts are fixed. You can find a few examples of the tariffs in our table above. Injuries that are not covered by the tariff will be valued in the traditional manner.
If you have any questions about claiming or would like a free valuation, please get in contact with one of our advisors.
If you’re eligible to make a personal injury claim following a snow or ice accident, you may wish to work with a legal professional who has experience with these types of cases.
One of our solicitors could offer to take on your claim under a type No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA). If they do, you will not have to pay them anything for their services upfront or while your claim is processing. Additionally, you will not need to pay for their work if your case fails.
If your claim is a success, your solicitor will take a small, legally capped percentage of your compensation payout as a success fee.
To learn whether one of our No Win No Fee solicitors could take on your case, or to ask any questions about personal injury claims for ice and snow car crashes, please don’t hesitate to get in touch with our advisors. You can reach them by:
In this final section of our guide on ice accident claims, we’ve included some extra resources you may find useful, as well as answers to some questions we’re regularly asked about snow car accident claims.
- NHS Whiplash Information
- The HSE Guide to Safety on Roads
- Important legislation regarding road laws
- Taxi Accident Guide
- Cycling Accident Guide
- Pedestrian Accident Guide
Once again, thank you for taking the time to read our guide on claiming for a car accident caused by ice or snow. As always, if you have any uncertainty, please contact our team. We can then advise you further on snow car accident claims/ice car accident claims.