By Jo Anderson. Last updated 19th December 2023. If you have been injured in a car accident in the UK, you may wonder whether you should get legal advice. A car accident that causes you injuries and is due to a breach of the duty of care by another road user could lead to a compensation claim.
This guide sets out what you need to know about car accident law, and the eligibility criteria that need to be met in order to have a valid personal injury claim, Additionally, this guide will also discuss how to make a claim if you were involved in an accident with an uninsured or untraceable driver.
Furthermore, we provide guidance on how compensation is calculated for successful cases. This guide will also share some of the various benefits of claiming with one of our No Win No Fee solicitors.
Read on to find out more. Alternatively, you can contact one of our friendly advisors to discuss your specific case and receive free advice. They can also help answer any of the questions that you may have. To connect with them today, you can:
- Call 0800 073 8801
- Contact us by completing the online form.
- Use live chat to speak with an advisor.
Select A Section
- Car Accident Laws In The UK – When Could I Claim Compensation?
- What To Do After A Car Accident In The UK
- Time Limits For Car Accident Claims In The UK
- Your Right To Compensation If Injured By An Uninsured Driver
- Car Accident Compensation Payouts For 2023
- No Win No Fee Car Accident Claims
- Essential References Related To Your Rights After A Car Accident
If you have been injured in a car accident, you may wonder whether you would have a valid claim for compensation. To have a valid personal injury claim, you would need to be able to prove that another road user breached a duty of care towards you and this caused your injuries.
All road users have a duty of care towards each other. They must use the roads in a way that prevents harm from coming to others or themselves. Additionally, per car accident law, road users must also adhere to the Road Traffic Act 1988 and the rules and guidance of the Highway Code as part of their duty of care.
Should another road user cause an accident by breaching their duty of care towards you, you could be able to claim for injuries sustained as a result.
If you require free legal advice on a car accident claim, our advisors would be happy to help. They could quickly assess your eligibility and advise you on the next steps you could take.
If you’re wondering what to do after a car accident in the UK, there are various pieces of car accident advice that could be useful.
The following steps may help when it comes to evidencing a claim for compensation.
- Get medical attention. Not only will this ensure you get the right medical advice and treatment. It could also serve as a record that you’ve suffered injuries on the date you had the car accident.
- Take photographic evidence. Some useful car accident advice could be to collect as clear a picture of the incident as possible. This could include taking photos of the scene of the incident, as well as your injury.
- Collect witness details. If anyone witnesses the accident, it could be wise to take contact details. A lawyer could contact them for a statement at a later date. This could help with your claim.
- Seek legal assistance to make your car accident claim. If the accident wasn’t your fault, and someone else could be held liable, you could claim compensation. Getting car accident advice from our team could therefore be useful.
Before we talk about what to do after a car crash, we should first explain that you will have to act within a certain period of time if you intend to make a car crash claim.
Under the Limitation Act 1980, car accident victims would typically have three years from the date of the accident to file their claim. However, there may be some exceptions to this. Some exceptions apply to those cases that involve injured children, or those that lack the mental capacity to claim.
In both cases, the limitation period would freeze. In the case of a child, it would freeze until they reach 18 years of age. During this time, a responsible adult could apply to be a litigation friend to file a claim on the child’s behalf. If no claim was made, and the child turns 18, they could make their own claim at any time until they reach 21.
In the case of those without mental capacity, the limitation period would freeze indefinitely. A litigation friend could again, make a claim on the injured party’s behalf. If no claim was made and the person regained their mental capacity, they could have three years from the date of their recovery to make their own claim.
To learn more about the time limit for a car accident claim, or to be connected with a car crash solicitor that can help you, please contact an advisor.
If you are injured in a car accident, the law dictates that you should claim against the other party’s insurance if they are at fault. But what happens if they do not have insurance?
If you are hit by an uninsured driver, and you suffer injuries, you may think that you would not be able to claim compensation. However, this may not be the case. The Motor Insurers’ Bureau (MIB) compensates those affected by uninsured or untraceable drivers where no other route to compensation can be taken.
When making a claim through the MIB for a car accident with an uninsured or untraceable driver, the same eligibility criteria will need to be met as a personal injury claim. Meaning, you will need to prove that the accident and your subsequent injuries were caused by another road user breaching their duty of care.
If you would like free legal advice on a car accident claim involving an uninsured driver, please contact an advisor.
If you have been involved in a car accident that was not your fault and your claim is successful, you will receive a compensation payout. This payout can be made up of two heads.
General damages is the head of claim that compensates for pain and suffering, and all successful claimants will receive this head. Special damages is the head of claim that compensates you for financial losses due to your injuries.
Those calculating general damages payouts may look to the Judicial College Guidelines (JCG) for guidance. This publication provides compensation brackets for various injuries with different severities. You can see some figures from the 2022 edition of the JCG in the table below, but please note that the first entry is not taken from the JCG.
|Combination of serious injuries with associated financial loss.
|Up to £1,000,000+
|Multiple injuries that are serious, which cause serious pain and suffering as well as financial expenses such as care costs and loss of income.
|£282,010 to £403,990
|There is little to no language function or response to surroundings despite the ability to follow some basic commands. There is a need for full-time professional care.
|£219,070 to £282,010
|There is a substantial dependence on others to due serious disability that could be physical or cognitive, including paralysis or severe effects on cognitive ability.
|Loss of one (ii)
|£109,650 to £130,930
|An above the elbow amputation which makes the use of a prosthetic limb difficult.
|Up to £12,590
|Elbow fractures, simple fractures of the arm and lacerations could all fit into this bracket.
|Severe (b) (i)
|£96,250 to £135,920
|When the leg doesn’t need to be amputated but the symptoms are so severe that the outcome is practically the same.
|£65,740 to £130,930
|Serious fractures or damge to the discs in the cervical spine. Will result in considerably severe disablities such as loss of function in one or more limbs.
|Moderate (b) (ii)
|£13,740 to £24,990
|Includes soft tissue damage, wrenching type injuries and disc lesions which result in permanent or recurring pain.
|£27,760 to £38,780
|Includes compression or crush fractures.
|A whiplash injury paired with a mental injury lasting between 18 to 24 months.
|A whiplash injury lasting between 18 to 24 months.
Special damages, as we mentioned, compensate for financial losses due to your injuries, such as:
- Medical expenses, such as mobility aids and prescription costs
- Care costs for care at home if you cannot look after yourself because of your injuries
- Travel costs to attend medical appointments
- Lost earnings as a result of your injuries keeping you from working
You must provide evidence of these costs and losses to claim for them, such as payslips and receipts. Please contact an advisor to discuss how much compensation you could receive for a successful car crash accident claim.
Can Car Accident Solicitors Help With Whiplash Claims?
The Whiplash Injury Regulations 2021 mean that claiming for whiplash injuries and other soft tissue injuries from low value road traffic accidents has changed.
If you are an adult passenger or driver of a vehicle who has sustained whiplash or soft tissue injuries that are worth less than £5,000, your claim would need to go through the Official Injury Claims portal. In doing so, your injuries will be valued in line with the tariff outlined in the regulations. However, as the tariff applies to all vehicle occupants, your injuries may still be valued in line with the tariff even if you don’t claim through the portal.
Injuries not included in the tariff will be valued in the traditional way.
For more information on the whiplash reforms, get in touch. We could offer guidance on whether our car accident solicitors could help you start a claim for whiplash.
One thing some people see as a stumbling block when it comes to making a claim, is the cost of hiring a personal injury solicitor. However, when you use Accident Claims UK, our solicitors reduce the financial risk by offering a No Win No Fee service for claims they take on.
When you contact us, the first thing to happen will be that your claim will be reviewed. If the solicitor believes you’ve got a strong enough chance of being compensated, they could offer you a Conditional Fee Agreement (CFA). This document acts as your contract. It’s really good to have this available as it confirms there are no legal fees to pay if the case is lost. It also outlines the success fee that you’ll pay if the claim is won.
There are plenty of ways to get in touch with us. You could:
- Speak to our expert advisors on 0800 073 8801
- Use the live chat feature below.
- Fill out our online contact form
We look forward to helping you with any questions you might have about solicitors for car accidents, compensation payouts or our No Win No Fee service.
Thanks for reading our guide which aimed to answer the question, “What are my rights after a car accident?”. To assist you further, we’ve provided links to some of our other guides as well as some external links and resources that we hope you’ll find useful.
- Road Traffic Accident Claims – This guide explains when you could make a personal injury claim following a car crash caused by another driver.
- Passenger Injury Claims – A guide which explains your car accident legal rights if you were a passenger.
- Fatal Car Accident Claims – Information on claiming compensation if loved one suffers fatal car accident injuries.
- The Motor Insurers Bureau – This website explains your rights after a car accident where the other driver was uninsured.
- Brake Road Safety – Brake are a charity who aim to improve road safety.
- The Highway Code – Information from the UK Government on the rules of the road for car drivers and other road users.
We hope that this guide has answered the question, “We had a car accident, what should we do?”