Ice and Snow Car Accident Compensation Claims Guide – Am I Eligible To Claim Compensation?

By Aaron Lee. Last Updated 17th February 2021. Welcome to our online guide where we will be discussing snow accident claims in length. Throughout the duration of this guide, we are going to take a look at car accident claims involving snow and ice and address some critical questions. For instance, we shall provide free legal advice and outline how a personal injury solicitor could offer to handle ice accident claims under a No Win No Fee agreement.

When the weather is bad there can be snow and black ice on roads causing treacherous driving conditions and car crashes, leading to serious injuries. Victims of car accidents often experience psychological trauma as well as physical damage including flashbacks of the accident. You may even be in the unfortunate position of having a lost a loved one as the result of a car accident in icy or snowy conditions.

If you have experienced injury yourself or the loss of a loved one, then you are entitled to be compensated for the pain suffering and financial loss that you have experienced. This guide aims to equip you with all the information you need to make an ice and snow accident claim.

If after reading this guide you wish to begin a claim, then Accident Claims can help you. Call us free on 0800 073 8801 and an experienced member of our team will advise you on the best course of action to take.

Choose your section

  1. Our guide to snow and ice car claims
  2. What does an ice or snow accident consist of?
  3. What should you do if you become involved in ice / snow car accidents?
  4. Winter car accident statistics
  5. Traffic accidents and responsibility for keeping the roads safe
  6. Liability in winter weather car accident claims
  7. What can you include in your compensation claim?
  8. What are the common kinds of accident claims
  9. Ice and snow road traffic accident compensation calculator
  10. Why go No win no fee for snow or ice accident claims
  11. Why choose Accident Claims UK to make your snow or ice car accident claims?
  12. Contact us
  13. Useful links

Our guide to snow and ice car accident compensation claims

Driving conditions when the weather is icy or snowy can be treacherous because of the risk of slipping on the road and reduced visibility. Drivers need to alter the way that they drive when conditions are hazardous but also, local authorities must take some responsibility for ensuring that the roads are properly prepared. This can include putting speed restrictions in place when particularly bad conditions are expected and gritting the roads.

It could be very tricky to say who is at fault in an ice or snow accident claim because apportioning blame is not as simple as you may imagine. This guide will offer a comprehensive look at snow and ice accidents and give you an idea about how much compensation you may be able to claim, and from whom.

However, the best way to establish blame and find out whether or not you are eligible to claim compensation is to speak to Accident Claims direct. You can call us on our freephone number to find out more about how we can help you with snow accident claims. We offer a free no-obligation chat to help you establish your position.

What does an ice or snow accident consist of?

Quite simply an ice or snow accident claim is made when you have been in an accident that was caused by icy or snowy conditions and it was not your fault. Parties that are seen to be eligible to claim ice or snow car accident compensation claims include drivers, pedestrians and passengers who are not at fault. An ice road injury may have been caused by a driver who was not taking appropriate care for the weather conditions or the local authority who had a responsibility to make the roads as safe as possible in icy conditions. The main thing is to establish that you were not to blame. If you were not to blame, then you should be right to make an ice or a snow accident claim.

Got a question relating to snow accident claims? Why not contact our team to access free legal advice.

What should you do if you become involved in ice / snow car accidents?

To ensure you have the best possible chance of receiving the compensation you deserve, there are a few things you can do at the time of your car accident on ice to make your case as strong as possible.

  • Collect the details of anybody who was witness to the accident. Taking a statement from somebody who saw the accident happened can be extremely helpful at a later date.
  • If other vehicles were involved, then take the details of the driver and other passengers if you’re able. At the very least note down the make and model of a car, the colour and the registration place number. If you have the car details, then the owner could be traced.
  • A little forward thinking can be very beneficial so bear in mind that taking photographs can help to prove who was to blame. Following a car accident in the snow, fault can be established by looking at photographs of tyre marks, the position of the cars and the damage to the cars as experts can use these to work out how the accident happened. If you are not able to take photographs, then ask witnesses if they have any photographic evidence. You may also wish to take photographs of your injury/ies to prove the extent of your suffering at the time of the accident.
  • If you have accumulated any out of pocket expenses as a result of the accident, then be sure to keep receipts and other documents to prove you have paid these costs. Out of pocket expenses can include travel costs, the costs of counselling and medication fees.
  • If you have suffered injuries, then be sure to see someone in the medical field. This will ensure that your injuries are documented for a later date. The medical report will also indicate what the prognosis is and how long you would be you it will take for you to recover. This kind of information may determine how much compensation you will receive.

When you are ready to begin your ice or snow accident claim then you should seek legal advice. A professional service such as Accident Claims will be able to simplify the process for you. Beginning a legal claim can feel very daunting but our experienced team can take away much of that pressure.

Accident Claims offer a free no-obligation consultation which allows you to ask questions and enables us to find out more about the details of your case. Should you be happy to proceed then we can begin the compensation claim on your behalf. If the solicitor we provide feels that they don’t have enough documented medical evidence, then they may ask you to attend another medical appointment with a healthcare professional. Please do not be alarmed, you will not be charged for this and it is simply to help build evidence for your case. If you have any concerns, you will be very welcome to ask further questions during your initial consultation.

The aforementioned solicitors operate with no win, no fee agreements so there will be no financial burden to you for making an ice or snow accident claim.No one will ask you to pay for any legal bills at all until you have successfully received your payout.

Winter car accident statistics

Within this section of the guide, we are going to take a look at some relevant statistics in relation to snow accident claims. Treacherous driving conditions have an effect on car accident statistics. Whilst accidents are more likely to happen due to icy conditions and reduced visibility, drivers tend to behave differently and drive more carefully if the conditions are hazardous. The slower speeds and increased cautiousness reduce the chance of accidents occurring, and if accidents do happen then the consequences are usually less severe due to the reduced speeds and greater awareness of the driver.

snow accident claims

Snow accident claims

It is also true that when conditions are very snowy or icy, people tend to avoid driving unless absolutely necessary and so there are fewer vehicles on the road. People who may usually travel by bicycle or motorbike will usually swap to safer modes of transport.

Essentially whilst bad weather puts drivers at greater risk of having a road traffic accident on ice, the flip side of this is that fewer journeys take place and drivers proceed with more caution. Bad weather can therefore decrease the occurrence of accidents altogether as the risk of car accidents due to adverse weather conditions is outweighed by the fact that drivers adapt the way that they drive.

When we take a look at the latest figures from the Department for Transport, published in September 2020, we can see that in 2019, 1752 people sadly lost their lives on the road. This figure reflects a gradual decline, apart from anomalous instances like heavy snow in 2010.

In the same year, there were a total of 153,158 casualties of all severities, a significant figure, albeit one that has slightly decreased compared to 2018.

When we take a look at specific figures relating to snow and ice, it was revealed that in 2019 (latest available), there were 5,576 accidents specifically related to slippery roads caused by weather conditions like ice and snow. There were also 1,618 accidents related to the likes of sleet, snow and fog impairing visibility.

ice accident claims

Snow and ice accident claims statistics

Traffic accidents and responsibility for keeping the roads safe

If you have suffered a weather-related accident you will want to know who was at fault. Under the Highways Act 1980, local authorities have a duty to ensure that main roads are maintained in such a way as to keep them safe. There is also a duty imposed upon the Highways Agency to maintain motorways to keep them passable and safe as well. This responsibility includes keeping main roads and motorways free of snow and ice. The most common way to achieve this is to grit the roads and spread salt which stops the snow and ice from settling and reduces the risk of car accidents due to snow.

However, should you have a car accident in the snow, UK law legislates to indicate what the duties of those involved are. The Road Traffic Act 1988 clearly states the procedural requirements following a road traffic accident. Following an accident the Road Traffic Act states that it is illegal to leave the site of the accident if:

  1. Somebody is injured.
  2. A vehicle or some other property belonging to an individual is damaged.
  3. An animal has become injured on the road.
  4. Infrastructure has been damaged, for example, road signs, bridges or street lights
  • It is a legal requirement that you swap details with the other parties involved in the accident.
  • You must report the accident to the police if the other party refuses to exchange details.
  • If there have been any injuries van insurance documents will be required.
  • If the insurance documents if he cannot be provided then the police should be informed.
  • The insurance documents will then need to be taken to a police station within 24 hours.

In the event of an accident you should:

  • Turn on your hazard warning lights to alert other drivers.
  • Take as many photographs as possible to help indicate who was at fault. This includes photographs of the road conditions, tyre marks and any debris in the road.
  • If your vehicle is drivable then move it out of danger.
  • Turn off the engine
  • Establish whether anybody has been injured
  • Whilst you should never intentionally put yourself in danger, it is prudent to ensure that other people are they safe as they can be.
  • Dial 999 if you have an emergency situation
  • Avoid admitting any responsibility until you have sought expert advice
  • Seek to exchange your details including contact details, insurance, vehicle registration details.
  • If you cannot produce your insurance documents then be prepared to hand them into the police within 24 hours of the accident occurring.
  • If you have had a weather-related car accident your insurance company need to be informed of the details.
  • If you have been injured see a doctor immediately and ensure that the details of your have been recorded
  • Keep a detailed account of any injury you have suffered, any symptoms you have experienced and any changes to your lifestyle that have resulted following your injury
  • Keep details of any medical appointments, procedures and medicines that you have taken as a result of your injury.
  • Keep evidence of all the expenses you have needed to pay following the accident
  • Take account of any loss of earnings you have experienced for your injuries.

To learn more about ice accident claims and what you can do to help support one, speak to our personal injury advisers today.

Liability in winter weather car accident claims

If you are wondering ‘does car insurance cover snow accidents?’ Then the answer is probably yes if you have comprehensive cover. If you have had an accident due to your car sliding on ice then you can make a car insurance claim. If the accident was not your fault then in order to claim accident compensation or compensation for slips and falls due to snow and ice you need to be able to establish the liability of another organisation or individual. Accident Claims can help you to do this, but we will need proof to show who was to blame.

The responsibility of the local authority is to ensure the safety of primary roads. Some roads will be prioritised over others and this will be the decision of a local authority. Roads that are identified as priority roads will be gritted or salted first. These are likely to be the busiest roads that are used most. According to the AA, around 40% of roads will be gritted or salted in preparation for snowy or icy conditions. If your accident occurs on a small, minor road then you may not be able to claim. Accident claims will be able to advise you on the probable success of a claim before we suggest that you proceed.

A local authority is only responsible for taking reasonable precautions to make a road safe. They are not required to completely get rid of snow. Unfortunately, black ice car accidents often occur when the temperature drops quickly before the authorities are able to do anything about it. In black ice claims, therefore, it is often difficult to establish blame.

There are a lot of grey areas when trying to establish fault when it comes to ice or snow accident claims but as a rule, if your accident occurred on a primary road and we can prove that a local authority has not taken reasonable steps to clear that road then you may be entitled to claim compensation.

Ways that local authorities could ensure they are taking reasonable steps to maintain the safety of primary roads include:

  • Monitoring weather forecasts to plan ahead
  • Completely shut off roads that are too unsafe to drive on
  • Use warning signs to indicate danger
  • Have a plan for salting or gritting affected roads
  • Maintain adequate stocks of grit and salt to enable them to do the job properly.

The responsibility cannot fall entirely to the local authority or Highways Agency. It is also the responsibility of drivers to proceed with caution when driving conditions are hazardous. Journeys can be cancelled, speed can be reduced and if necessary snow chains can be fitted to tyres. There is a whole section of the Highway Code dedicated to safe driving in hazardous conditions.

If the driver of a car does not take precautions to ensure the safety of themselves or their passengers then they may be held accountable in a car accident that occurs due to weather conditions. You therefore may be able to claim damages against the driver of a car that caused an accident in which you were injured. Accident claims can advise on your position and whether you have a valid claim.

What can you include in your compensation claim?

If you have experienced personal injury as a result of an accident that was not your fault then it is only fair that you are compensated. Compensation claims can include general damages and special damages.

General damages seek to compensate you for the pain and suffering that was caused by the accident. This can be due to physical injury or psychological injury. The compensation amounts are based on damages that have been previously awarded in similar cases.

Special damages seek to compensate you for any out of pocket expenses that you have had as a direct consequence of the accident. The law is clear that individuals should not profit from a claim but a claim should seek to put them back in the same financial position that they were in before they were injured. Out of pocket expenses can include:

  • Medical costs
  • Prescription expenses
  • Physiotherapy
  • Loss of earnings including future loss of earnings
  • Rehabilitation
  • Loss of job opportunities
  • Home adaptations

To learn more about what you can factor into ice accident claims, please get in touch for free legal advice.

What are the most common types of accident claims

The most common types of ice or snow accident claims include:

  • Whiplash
  • Bicycle accident
  • Injury caused by a car accident
  • Pedestrian injury caused by an accident
  • Injury caused by an accident which involved a bus
  • Injury caused by a Motorcycle accident

Ice and snow car accident compensation calculator

Compensation amounts are based on previous damages awarded in similar cases. Here is a list of possible injuries that may be caused by a car accident in snow and ice. The average range of compensation is shown.

Type of InjuryAmount of compensationAdditional information
General damages - pain and suffering£1000 to £200,000
Loss of benefits£5,000 to £500,000
Loss of earnings£10,000 to £400,000
Mental suffering£3,550Mental anguish caused by fearing for your life
Rib injuries and fracturesUp to £3,000
Neck injuries - severe£42,550 to £112,750Higher damages can include incomplete paraplegia or spastic quadriparesis.
Neck injuries - moderate£6,000 to £19,000Higher end damages include fractures and dislocation of bones.
Minor neck injuriesUp to £6,000Damages depend on whether medication is taken and level of pain
Minor wrist fracture£2,675 to £3,600
Forearm fracture£5,000 to £14,600
Severe leg injuries£21,100 to £103,250Includes crushing injuries and multiple fractures
Less severe leg injuriesUp to £29,800Injuries that will usually recover within a few months

If you’d like more concrete advice on the potential value of snow accident claims, our team can provide it. Once they know more about your circumstances they can provide more specific advice.

No win no fee claims for snow or ice accidents

Accident Claims are happy to offer a no win no fee service which enables you to make your snow and ice injury compensation claim without paying any money upfront. No win no fee means that we can proceed with your case and a fee will only be taken once you have received your final payout, if you are successful in your claim. If for any reason your claim is not successful then you will not owe us a penny. This is a great way of making a claim without suffering any of the financial worries involved in paying standard solicitors fees.

Got a quick question? As always, our team are standing by to discuss snow accident claims and a No Win No Fee agreements.

Why choose Accident Claims UK to make your snow or ice car accident claim?

Accident Claims UK is a perfect choice if you wish to claim ice or snow car accident compensation. As well as having an experienced team of experts, our advisors are a friendly bunch who want to help you in any way that they can. Here are the Accident Claims we are committed to supporting you throughout the claims process, answering questions in any way we can. Our lines are open 24 hours a day making it easy to access expert advice.

Contact Us

Thank you for reading our guide to ice accident claims. We hope you’ve found it useful. If you now want to take action, here’s what you can do.

Contact Accident Claims UK and we will help you to win the compensation you deserve following your accident. Our free phone number is 0800 073 8801 or you can email us at office@accidentclaims.co.uk. Alternatively, use our contact form on the website and we’ll get back to you as soon as we can.

Useful links

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.

Snow accident claims FAQ

If you lose control of your vehicle and hit another road user or object, it is often considered in the eyes of the law an “at-fault” claim. What is meant by this? Essentially, an at-fault claim is when factors beyond your control are the cause of the accident. A claim of this nature would be made against your insurance company to pay for the damages or injuries sustained.

What is the number one cause of winter accidents?

Surprisingly, one of the main factors of winter accidents on the road is rain. Although ice and snow have the potential to cause accidents, rain can often lead to road traffic accidents.

What is the average payout for a car accident UK?

Understandably, you may question how much compensation you could be awarded should you chose to take legal action against a negligent third party. It is extremely important to address how every compensation claim takes into account the unique factors at hand.

For instance, when making a claim, it will take into account the cause, any damage, the severity of any injuries, and long term factors. Therefore, it is hard to provide generalised figures for the likes of ice accident claims. However, by speaking to one of our advisers, they could provide an estimated figure after listening to your circumstances.

Once again, thank you for taking the time to read our guide on snow accident claims. As always, if you have any uncertainty, please contact our team.