This online guide looks at how to prove a car accident was not your fault. You may have been injured on the road in an accident caused by the negligence of another, and be interested in pursuing a claim for compensation.
In order to claim, you will need to prove that the accident was not your fault. This guide explains how you can do this.
All claims have unique circumstances. Both the cause and the injuries that resulted from it can differ greatly from case to case. Because of this, we may not answer all of your questions on this page.
If you do find that you need clarification on some of the information we’ve provided, or need some questions answered, please talk to our claims team for free legal advice. You can get in touch with them on 0800 073 8801.
Select A Section:
- A Guide On How To Prove A Car Accident Was Not Your Fault
- What Is Fault And Liability For Car Accidents?
- Collect As Much Evidence As Possible
- How To Get Proof Of Your Injuries
- How Do I Claim If I Can Not Recall My Accident?
- Showing Who Was At Fault
- Split Liability Car Accident Compensation Claims
- What Happens If You Were At Fault?
- Road Traffic Accident Compensation Calculator
- Special Damages For Car Accident Injuries
- No Win No Fee Claims For A Car Accident Was Not Your Fault
- Talk To Our Road Traffic Accident Claims Team
- Essential References
- Road Safety Statistics
A Guide On How To Prove A Car Accident Was Not Your Fault
The aim of this guide is to explain how to prove a car accident was not your fault, and instead was caused by the actions of the other vehicle involved. If you have been involved in a road traffic accident (RTA) caused by the negligence of a third party, you will need to show that they were responsible for the injuries you sustained.
This guide will begin with an explanation of the concept of liability. We’ll go on to explain some of the steps that you can take to prove a third party caused the accident. We’ve also included information on the type of evidence to collect, and how to prove the extent of the harm you suffered.
We briefly cover what to do if you cannot remember the details of your accident. Furthermore, we will look at the concept of split liability and what this means for a claim. We’ll also examine what happens if you were at fault for the accident.
You may be wondering how much compensation you could be awarded for your injuries. We will examine the two different heads of claim that can make up a settlement and how these are calculated.
Finally, we will examine what a No Win No Fee agreement is and how one could help you fund legal representation for your claim. We will conclude by providing some statistics and answering some frequently asked questions.
What Is Fault And Liability For Car Accidents?
When you make a claim for compensation after a car accident, you need to prove that the accident was not your fault. However, in addition to this, you need to show that the accident was caused by the negligence of a third party.
In some cases, the at-fault party in a car accident might not be a vehicle travelling on the road at all. If poor road conditions (for example, potholes) caused the accident to happen, this could be caused by negligence on the part of the local council. You would need to show that a breach in duty of care led to the roads being in a state of disrepair, which then led to the accident happening.
The duty of care that road users owe to one another is outlined in the Highway Code. This is a document that sets out rules and suggestions for good road conduct. As part of their duty of care, road users are expected to adhere to the standard of skill and care of the average motorist.
Collect As Much Evidence As Possible
One of the things you can do to prove liability in a road traffic accident such as a car accident is to collect evidence to provide proof of culpability. Some of this evidence you can gather at the scene of the accident; other types you will have to gather later.
All of the evidence you collect can be submitted as evidence by your solicitor to support your claim. Evidence might include:
- Photographs or videos of the cause of the accident. You can use your phone to do this.
- The details of each vehicle involved. You and the other driver should exchange your names, addresses and registration numbers. If you’re involved in a hit and run, you should inform the police.
- Contact details for any witnesses to the accident. This is so they can be contacted at a later stage to give a statement if required.
- Receipts, invoices, bills, etc. These will be able to show any costs you have incurred because of your accident through no fault of your own. This can then be covered by your compensation; we’ll discuss this in greater detail later on in this guide.
These are some common kinds of evidence that you could submit to support your claim. There could be others, depending on the circumstances of your claim. Please call and talk to one of our claim advisors, they can tell you what types of evidence might be appropriate in your individual case.
How To Get Proof Of Your Injuries
One of the things you can do to support your personal injury claim is to provide a medical report pertaining to your injuries. Because of this, it’s always advised that you seek medical attention after an accident, even if you don’t think you’re badly injured.
As part of your claim, you’ll usually be asked to attend a medical assessment with an independent expert. They’ll compile their findings in a report which will then be used to value your claim.
This report will include things like:
- They’ll how much pain and suffering you went through both at the time of the accident, and while you were being treated on the road to recovery.
- The effect that your injuries had on your quality of life. For example, you may have been unable to walk, work, care for yourself, etc.
- Confirmation that your injuries are consistent with the accident you were involved in.
Your solicitor will be able to arrange this medical appointment for you as part of your claim. If you would like more information on how the claims process could progress, speak to a member of our team today.
How Do I Claim If I Can Not Recall My Accident?
In some cases, you might not recall the circumstances of the accident in which you were injured. For instance, you might have been very badly injured or even have lost consciousness when the accident happened.
If the accident was serious enough to cause you to fall unconscious, the police should have been called and attended the scene. They wil be able to provide you with details that will be relevant to your claim.
You can still follow the advice given above in relation to the evidence you can keep after the accident. For example, you should still seek medical attention to have your injuries addressed.
Showing Who Was At Fault
When it comes to a personal injury lawyer showing who was at fault when processing your claim, then there are a number of considerations. For example, the courts will look at the circumstances that led up to the accident and consider what led to the accident happening.
The actions of both road users will be assessed against the Highway Code. This publication contains rules and guidance on how road users should act.
There are some rules in the Highway Code that must be followed. These will use the word “must” in them. Other rules in the Highway Code use the word “should”; while these aren’t legal requirements, it’s suggested that road users follow them.
If you break a “should” rule in the Highway Code, this will not be a driving offence and so you will not be prosecuted. However, this could be used to determine who was to blame in a personal injury claim.
If you’d like to know more about how you can prove a car accident was not your fault, speak to us today. You could be connected with one of our solicitors to pursue your claim for you.
Split Liability Car Accident Compensation Claims
In some cases, one single road user may not be at fault for the accident that occurred. It may be that two or more road users are responsible for the circumstances that led to the accident.
If this is the case, then you may be able to make something called a “split liability claim”. This is where you claim for an accident that you had some role in causing.
If you’re successful in your claim, then you will receive a compensation award that reflects the blame that can be proportioned to you. So for example, if your injuries were worth £10,000, and you were deemed to be 50% responsible for the accident. then you would be awarded £5,000.
What Happens If You Were At Fault?
If you’re at fault for an accident, you cannot make a claim for compensation for your injuries. This is because you are deemed to have contributed to the circumstances that caused your injuries.
However, you could be at fault for the accident, and you had a passenger in the car with you who was injured, If this is the case, they may be able to claim compensation for their injuries because they were not at fault,
Call and talk to one of our advisors for some advice on a passenger claiming for an accident that you were at fault for. Otherwise, you can read on for more information on how much these claims could attract.
Road Traffic Accident Compensation Calculator
How much compensation you receive, will depend on the level of pain and suffering you went through. And also, how long you suffered for. The table below was produced based on the guidelines that are produced by the Judicial College. This covers the general damages head of your claim.
General damages are the part of your claim that will cover you for the pain and suffering caused by your accident. This pain can be physical or psychological.
|Injury||Severity||Range of Damages||Notes|
|Arm||Less severe||£18,020 to £36,770||While the injured person will have experienced significant disabilities, recovery will have been (or will be expected to be) substantial.|
|Back||Minor (i)||£7,410 to £11,730||Where surgery is not required in order for the injury to recover fully within two to five years.|
|Foot||Moderate||£12,900 to £23,460||A foot injury, such as a metatarsal fracture that has been displaced. This could result in deformity and disability for the rest of the claimant’s life.|
|Leg||Severe (ii)||£51,460 to £85,600||A bracket of very serious leg injuries. For example, multiple non-union fractures in a single leg. The victim may not recover the full function of the leg, potentially permanently.|
|Brain||Moderate (i)||£40,410 to £205,580||The injured person's intellect will have been affected to a moderate to severe degree. There will be a significant epilepsy risk and the injured person will be unable to work.|
|Hand||Less serious||£13,570 to £27,220||Injuries within this bracket, such as crush injuries, will leave the injured person with impaired function.|
It’s important to note that the Whiplash Reform Programme 2021 has changed the way lower value claims are made. This includes claims for whiplash. If you are a driver or passenger over the age of 18 and your injuries are valued at less than £5,000, you will need to claim through an online portal.
You may like to get a more accurate idea of the level of damages you could be able to claim based on your specific circumstances. In this case, please call and talk to our claims team. They can arrange for a personal injury solicitor to evaluate your claim for you.
Special Damages For Car Accident Injuries
Special damages cover all of the financial repercussions that your injuries have caused. If you want to try and claim back money you have already spent, you will need to prove spending by submitting bills, invoices, receipts, etc.
Special damages might include:
- Loss of earnings due to having to miss work.
- Lowered future earning potential.
- The cost of private healthcare.
- Out of pocket expenses.
- Car costs, to pay for medical care at home.
No Win No Fee Claims For A Car Accident That Was Not Your Fault
It may benefit you to make a claim on a No Win No Fee basis. This is an agreement in which your solicitor provides legal services with their fee conditional on the claim being a success. The formal term for this is a Conditional Fee Agreement (CFA).
You don’t pay any lawyer fees at the start of the claim, or during the time it is being processed. Also, if the claim fails, you still don’t pay your lawyer a fee.
If the claim is won though, you will be asked to pay a legally capped success fee. This will be taken directly from your settlement. To find out if this kind of agreement would be suitable for your claim, call and speak to a claim advisor today.
Talk To Our Road Traffic Accident Claims Team
Do you believe that you have a potential road traffic accident claim, but want to know more about how you can prove the accident was not your fault? Then you can call and speak to a member of our claims team.
You can contact us on 0800 073 8801 or use our online form. When you do, an advisor will provide you with some free legal advice on how best to proceed. You could also be appointed one of our solicitors to work on your claim.
These external sites could have information related to how to prove a car accident was not your fault.
You can also check over these other, related guides on our website.
Road Safety Statistics
According to Department of Transport (DoT) road safety statistics, there were 1,472 deaths on British roads in 2020. Other key statistics include:
- There were 22,014 serious injuries sustained in road accidents in Britain in 2020.
- Including minor injuries, the total was 115,333 in the same period.
- The rate of casualties per billion miles reduced by 45% from 2010.
Below, are answers to some of the most common questions we’re asked about road traffic accident claims.
How do insurance companies determine who is at fault in a car accident?
The insurance firm will look at the evidence of all parties involved in the accident, to discern who was at fault. In some cases, they could be said to have contributed equally to the accident.
How do you prove someone backed into your car?
How to prove a car accident was not your fault can be difficult. Primarily, you will have to rely on witness testimony. If you have a dashcam, the video footage of the person reversing into you could be submitted as evidence.
Thank you for reading our guide on how to prove a car accident was not your fault.
Guide by MW
Edited by FS