By Jo Anderson. Last Updated 2nd February 2024. If you’ve suffered injuries in an accident on a roundabout, you may be wondering if you could be eligible to claim personal injury compensation. This guide will explore the eligibility criteria that need to be met in order to do so.
Additionally, we will look at answering the question ‘If someone cuts across you on a roundabout, whose fault is it?’. Every road user owes one another a duty of care. We look at what this duty constitutes, and the legislation road users must adhere to in order to uphold their responsibilities with regard to their own and other road users’ safety.
Later on in this guide, we provide examples of how an accident could occur on a roundabout and the injuries that could be sustained. Additionally, we look at how compensation is calculated and what settlements could include following a successful claim.
Furthermore, we discuss how certain road traffic accident claims could be impacted due to the Whiplash Reform Programme and the how this could influence payouts for whiplash injuries.
Finally, we explain the benefits of working with one of our No Win No Fee solicitors and look at the services they could potentially offer to help you seek compensation.
To get started with your potential claim for a roundabout accident, or to ask questions about anything contained in this guide, please contact an advisor.
- Call 0800 073 8801
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If someone cuts across you on a roundabout whose fault is it?
Select A Section
- How To Claim Compensation For An Accident At A Roundabout – Eligibility Criteria
- Common Causes Of Accidents At A Roundabout
- Roundabout Accident Claims – What Is The Whiplash Reform Programme?
- Car Accident Claims – Roundabout Injury Compensation Calculator
- What Evidence Do I Need To Claim Compensation For An Accident At A Roundabout?
- How Long Do I Have To Make A Roundabout Accident Claim?
- How To Claim Compensation For An Accident At A Roundabout With A No Win No Fee Solicitor
- Essential Resources Relating To Roundabout Accident Claims
How To Claim Compensation For An Accident At A Roundabout – Eligibility Criteria
Road users owe one another a duty of care to navigate the roads in a way that prevents themselves or others from experiencing harm or damage while using the roads. To uphold this duty of care, they must follow the rules and regulations laid out in the Road Traffic Act 1988 and the Highway Code. If they fail to do so, and you sustain harm as a result, you may wonder if you could seek compensation.
In order to begin a personal injury claim for a road traffic accident on a roundabout, you need to prove the following:
- A road user owed you a duty of care.
- This duty of care was breached.
- You experienced harm, either physical, psychological, or both, as a result of the breach.
Additionally, you need to ensure you start your claim within the time limit. For personal injury claims, you typically have three years from the accident date to initiate legal proceedings. However, some exceptions could apply.
If you have any questions regarding your eligibility to claim for a roundabout accident or how long you have to pursue compensation, please contact an advisor on the number above.
Common Causes Of Accidents At A Roundabout
There are various ways in which accidents on roundabouts could happen. Some examples of how accidents on roundabouts could occur include:
- A taxi driver uses the wrong lane while using the roundabout, causing them to crash into the side of your vehicle, and you suffer an arm injury.
- A lorry driver is distracted by their phone and is therefore not paying attention to the road. This causes them to pull out onto the roundabout when they are not safe to do so, and they crash into your car, causing you to suffer a serious head injury.
- Another motorist is driving under the influence while using a roundabout. This causes them to crash into the back of your car, and you suffer a whiplash injury.
To discuss your potential roundabout accident claim today, you can contact a member of our advisory team.
Roundabout Accident Claims – What Is The Whiplash Reform Programme?
If you suffer a whiplash injury in an accident on a roundabout that was not your fault, you may be eligible to make a claim. However, the way certain road traffic accident claims are made in Wales and England, such as accidents on roundabouts, has changed due to the introduction of the Whiplash Reform Programme.
Now, if you are 18 or over and you were injured as a passenger or a driver in a vehicle with your injury being valued at £5000 or lower, your claim will need to be made via a different avenue. This includes claims being made for whiplash and minor soft tissue injuries.
Furthermore, the Whiplash Injury Regulations 2021 tariff will now be used when valuing your whiplash injuries. If you suffer any additional injuries that are not covered under the tariff, these will be valued in the traditional manner.
To see which avenue you should take when making your claim, or to ask any questions about the claiming process for roundabout accidents, you can contact a member of our advisory team.
Car Accident Claims – Roundabout Injury Compensation Calculator
If your claim for a roundabout accident is successful, your payout would include compensation for the pain and suffering you’ve endured because of your injuries. This would be compensated for under the head of claim known as general damages.
Those valuing such damages could look at the Judicial College Guidelines (JCG) for reference. This publication contains guideline compensation brackets for a range of injuries at various severities.
The table below contains figures from the 16th edition of the JCG, published in 2022, aside from the top figure. However, this is only meant as guidance, and the compensation you would receive would be based on the specific facts and circumstances of your case.
| Type of Injury (location) | Notes | Award Bracket |
|---|---|---|
| Multiple severe injuries including costs and losses. | Severe multiple injuries, both mental and physical, plus costs and losses that could include care costs and loss of income. | Up to £1,000,000+ |
| Brain damage (moderate) (i) | Where personality changes, there is an intellectual deficit that is moderate to severe, speech and senses are affected, there is a risk of epilepsy and there is no chance of being able to be employed. | £150,110 to £219,070 |
| Brain damage (moderate) (ii) | Where there is a modest to moderate intellectual deficit, risk of epilepsy is present and there is not much chance of employment if any at all. | £90,720 to £150,110 |
| Brain damage (moderate)(iii) | Memory and concentration would be affected, and any ability to work would be reduced. Minor risk of epilepsy, but little dependence on others. | £43,060 to £90,720 |
| Neck Injuries (Severe) (i) | Incomplete paraplegia/permanent spastic quadriparesis cases could be considered under this bracket. The claimant could wear a collar 24 hours per day for many years, but movement in the neck is still not a possibility, or they have only a little movement. Headaches could be termed ‘untreatable’ | In the region of £148,330 |
| Neck injuries (Moderate) (i) | Dislocations of the neck or fractures. These would have an immediate effect and could include chronic referred symptoms elsewhere. Serious injuries to the soft tissues in the neck and the back could also be considered here. A limitation of activities would be present as well as risk of future trauma. | £24,990 to £38,490 |
| Neck injuries (Moderate) (ii) | Soft tissue injuries or wrenching with lesions to the discs could be included here. Surgery could be required at a later date and there could be serious limitations on the claimant’s ability to move. | £13,740 to £24,990 |
| Back injuries (Severe) (ii) | Where there is root nerve damage, a loss of sensation, an impaired ability for the bladder or bowel to function, scarring and sexual difficulties. | £74,160 to £88,430 |
| Whiplash - One or more whiplash injuries with one or more psychological injury | Symptoms lasting between 18-24 months. | £4,345 |
| Whiplash - One or more whiplash injuries | Symptoms lasting between 18-24 months. | £4,215 |
As well as general damages, if you have sustained financial costs and losses due to your injuries, you could be compensated for these under the head of claim known as special damages.
Claimable costs and losses could include:
- Care costs for paid care at home if you’ve not been able to look after yourself due to your injuries.
- Travel expenses associated with your injuries. This could include the costs of getting to hospital appointments, for example.
- Medical expenses, which could include the cost of prescription medicines or mobility equipment, for example.
- Loss of earnings, which you may have sustained if you’ve needed to take time off work to recover from your injuries.
To claim for such costs and losses, you will need to submit evidence that they were reasonably incurred due to your injuries. Several documents could be useful in supporting your claim, such as receipts for prescriptions or payslips showing loss of income, for example.
To learn more about calculating compensation payouts or to ask questions such as “If someone cuts across you at a roundabout whose fault is it?” please contact an advisor.
What Evidence Do I Need To Claim Compensation For An Accident At A Roundabout?
You will need to provide evidence to support a claim for an accident at a roundabout. The evidence will need to prove that a relevant third party breached a duty of care towards you, causing the accident and your injuries. Evidence that could be useful in this regard could include:
- CCTV footage of the accident – If your accident was caught on CCTV, you could request the footage from the camera owner.
- Photographs of the accident scene – Photographs could show the position of the vehicles, as well as any hazards that contributed or caused the accident , for example.
- Photographs of your injuries – These could provide useful insight into the injuries you’ve sustained.
- Medical evidence – This could include any medical notes relating to your injuries and treatment. It could also include scans, X-rays and test results.
- Accident reports – A police report relating to the accident could also be helpful, if applicable.
- Witness details – If someone witnessed your accident, and you managed to get their contact details, they could be approached for a statement at a later date.
- Financial documentation – Proof that you have sustained financial costs and losses caused by your injuries could include bank statements, bills and receipts and could help when seeking reimbursement of these expenses under special damages.
One of our solicitors could assist with gathering evidence to support your claim. To find out more about how to claim compensation for an accident at a roundabout with one of our No Win No Fee solicitors, please contact an advisor.
How Long Do I Have To Make A Roundabout Accident Claim?
If you have sustained injuries in a car accident on a roundabout that was caused by another road user breaching their duty of care, you could be eligible to claim compensation.
If you are eligible to make a car accident claim, you might wonder how long you would have to take action. Usually, the limitation period for car accident claims is three years from the roundabout accident date. Or the date you became aware that your injuries resulted from someone else’s negligence. Details of these limitation periods can be found in the Limitation Act 1980.
There are some exceptions to this limitation period for car accident claims, however. For example, if a child was injured in a car accident on a roundabout, they wouldn’t be able to begin their own claim until they turned 18. They would then have three years from their 18th birthday to launch their claim. However, a responsible adult could apply to be a litigation friend on the child’s behalf. If successful, they could launch a claim for the child. The litigation friend could do so at any time before the injured child turns 18.
Further exceptions to the personal injury claims time limit for car accident claims could relate to those who don’t have the mental capacity to make their own claims. For further advice, please call our team. We would be happy to tell you how long you could have to make a claim.
How To Claim Compensation For An Accident At A Roundabout With A No Win No Fee Solicitor
If you suffered injuries in a roundabout accident, you may wish to make a personal injury claim. You could have the support of a No Win No Fee solicitor who may provide their services under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
When working with a No Win No Fee solicitor, they will not charge you upfront for their services. They usually won’t ask you to pay for any ongoing fees either. If they secure compensation on your behalf, they will take a success fee from your award though the CFA limits the amount they can take. If your solicitor does not secure compensation, they usually won’t charge you for their services.
Our advisors can answer any questions you may have, including ‘whose fault was my accident?’. All the legal advice they give is free and available 24 hours a day, 7 days a week. In addition to the free advice, they can assess the validity of your claim. If it seems eligible, you could be connected to one of our solicitors who typically offer their services on a No Win No Fee basis.
To speak to us:
- Contact us online.
- Call 0800 073 8801
- Use our live webchat at the bottom of the screen.
Essential Resources Relating To Roundabout Accident Claims
- Motor Insurers’ Bureau claims – Our guide to making claims following an accident with an untraced or uninsured driver.
- Taxi Injury Claims – Were you in a taxi that was in a roundabout accident? If so, this guide may be of interest.
- Head Injuries – Did you suffer a head injury in an accident at a roundabout? If so, this guide may be of use.
- Find out how to prove fault in a car accident claim with our helpful guide.
Resources For Motorists – Roundabout Safety Facts
- The Highway Code – Here, you can find a link to the Highway Code, which describes how to use a roundabout.
- The Government’s Page On Road Safety – Here, you will find the Government’s page on road safety.
- Road Casualty Statistics – Here, you can find published statistics from the Department for Transport for 2019.
