This guide will discuss car injury claim payouts, including when you could be eligible to seek compensation and the factors that could be considered when valuing how much you’re potentially owed.
Additionally, as you move through our guide, you will find information on the duty of care road users owe one another, as well as how a breach of this could lead to different types of car accidents. We also explore the injuries that could be sustained in a road traffic accident.
Later in this guide, we will explain the evidence you could gather to strengthen your case.
Finally, we will explain how a solicitor offering their services under No Win No Fee terms could assist you.
You may have further questions about road traffic accident claims. If so, please speak with an advisor for more information. To reach them, you can:
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- Car Injury Claim Payouts – What Could You Claim?
- Who Could Make A Car Injury Claim?
- What Could You Claim Car Injury Claim Payouts For?
- Proving A Car Accident Injury Claim
- Contact A No Win No Fee Solicitor
- Learn More About Car Injury Claim Payouts
Car injury claim payouts can differ depending on the unique circumstances of a case. However, in a successful personal injury claim for injuries sustained in a car accident, you could receive compensation for the following:
- The financial losses that you have been caused as a result of your injuries. Compensation for this is awarded under the head of claim called special damages. Some of the costs you could claim back include care costs, travel expenses and loss of earnings. Evidence, such as pay slips, travel tickets and invoices, can prove these losses.
- The pain and suffering caused by your injuries. Compensation for this is awarded under general damages.
When valuing general damages, solicitors can use a document called the Judicial College Guidelines alongside medical evidence to help them. Some of the figures from the JCG have been used to create the table below. However, these are intended as a guide and are not an exact representation of what you will receive.
The table also contains two entries from the tariff set out by the The Whiplash Injury Regulations 2021 which is used to value whiplash injuries. These are fixed amounts.
|Loss of Both Arms
|£240,790 to £300,000
|The person is reduced to a state of considerable helplessness.
|£219,070 to £284,260
|Factors that can influence the award given include the person’s age and life expectancy.
|£91,090 to £160,980
|A combination of very serious consequences from damage to the spinal cord or nerve roots.
|In the region of £148,330
|Incomplete paraplegia associated with a neck injury.
|Traumatic injury to heart, lungs and/or chest
|£65,740 to £100,670
|Permanent damage, impaired function, physical disability and reduced life expectancy.
|£54,830 to £87,890
|Multiple fractures that have taken years to heal, needed extensive treatment, and have caused serious deformity, are included in this bracket.
|Other Arm Injuries
|Injuries Resulting in Permanent and Substantial Disablement
|£39,170 to £59,860
|A permanent cosmetic or functional impact of one or both forearms being seriously fractured.
|£19,200 to £48,030
|A significant disability from neck injuries that involve brachial plexus damage.
|One or more whiplash injuries alongside one or multiple psychological injuries
|Symptoms persist for 18-24 months.
|One or more whiplash injuries
|Symptoms persist for 15-18 months.
Whiplash Reform Program
As per the Whiplash Reform Programme, if you are an adult passenger or driver, and have sustained injuries that are valued at £5,000 or less, you may be required to make your claim in a different way. Additionally, any whiplash injuries sustained will be valued using the tariff outlined in The Whiplash Injury Regulations 2021, as mentioned above.
If you have sustained other injuries that mean the total value of your claim exceeds £5,000, you will claim in the traditional way. However, any whiplash injuries will still be valued using the tariff. Any injuries not included in the tariff will be valued the traditional way.
To find out whether the whiplash reforms could influence the payout you receive, or how you would make your claim, call an advisor on the number above.
It may be possible to make a claim as the rider or driver of a vehicle who was injured in an accident on the road. You may also claim as a passenger in a car accident. However, in order to have valid grounds to begin a personal injury claim for a car accident, the following needs to be proven:
- Another road user owed you a duty of care.
- They breached their duty of care.
- The breach of duty led to an accident that caused you physical and/or psychological injuries.
These criteria form the basis of negligence in personal injury claims. If this can be proven, you could be eligible to seek compensation.
The Road Traffic Act 1988 establishes the duty of care road users owe one another, which is to prevent harm to themselves and others by using the roads safely. The Highway Code also contains guidance, as well as rules backed elsewhere in law, for road users.
If a breach of a road user’s duty of care occurred, and this caused you harm, contact an advisor on the number above. They can assess whether you have valid grounds to begin a claim.
Car injury claim payouts address the different ways you have been affected by the harm you have sustained in an accident. However, there are several types of injuries that could be sustained in an accident of this type and they can vary in severity. As such, payouts will differ depending on each case.
Examples of the injuries that could be sustained in a car accident and how this type of accident could occur include:
- Whiplash or another soft tissue injury could be sustained in a rear-end collision caused by another driver crashing into the back of your car because they failed to pay due care and attention.
- A back injury or spinal cord damage could be sustained in a head-on collision. This type of accident could occur if a driver failed to check it was safe to overtake, or they went the wrong way down a one-way street.
- Broken bones or fractures, such as cracked ribs or a broken leg, could be sustained if another driver crashed into the side of you after pulling out at a junction without checking it was safe to do so.
Call our team to discuss your specific case, and find out what next steps you could potentially take.
It is important to gather evidence in order to prove fault in a car accident claim and to show the extent of injuries. Any of the following forms of evidence could contribute to your case:
- Dashcam, CCTV, or traffic camera footage, showing the accident.
- Official documents, such as police reports or medical records.
- Photographs showing the accident and its cause. You could also provide photos highlighting the extent of your injury.
- A diary detailing your treatment and symptoms.
- Contact details of witnesses.
If you have a valid claim and choose to seek legal representation, our solicitors would be able to support you in gathering evidence for your case. To learn more about the services they offer and whether they could help you, please get in touch on the number above.
A No Win No Fee solicitor could offer you a contract that allows you access to their services without typically being required to pay upfront, while your claim is in progress, or if your claim fails. This contract is called a Conditional Fee Agreement (CFA).
The terms of this contract also mean that your solicitor will recoup a small, legally-capped percentage if you receive a settlement from a successful claim. This percentage is referred to as a success fee.
For further guidance on car injury claim payouts and when you could be eligible to seek compensation, please get in touch with an advisor. You can do so by:
Check out some more of our informative guides:
- A guide to pedestrian accident injury claims.
- Information on how a 50-50 split liability case works.
- A look at wrongful death or fatal accident claims.
Other relevant resources:
Thank you for taking the time to read our guide on car injury claim payouts. If you have any other questions, please get in touch using the number at the top of the page.
Guide by EM
Edited by MMI