By Jo Anderson. Last Updated 15th January 2024. This article will discuss when you may be eligible to claim following a head on collision car crash that was the fault of another driver. We’ll explain some information that could be helpful if you are thinking about making a claim, such as the evidence you could use to strengthen your case and time limits you must consider. Later, we’ll explain the criteria that make you eligible to begin a personal injury claim for a road traffic accident.
The first topic we will explore is the amount of compensation that could be awarded for this type of claim. We’ve provided a compensation table, which you can use to get an estimate of your potential payout. However, please be aware that our advisors can provide a more personalised estimate, based on all the circumstances you describe to them during a free consultation.
For more information about claiming after a road traffic accident, read on. You can also speak to one of our advisors if you have specific questions you’d like to ask about the claims process. For more information:
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- What Could I Claim For A Head On Collision Car Crash?
- Criteria To Claim for A Head On Collision Car Crash
- Potential Causes Of A Head On Collision
- Injuries That Could Be Caused By A Head On Collision Car Crash
- How To Prove Liability In Head On Collisions
- Why Choose Our Team Of No Win No Fee Road Traffic Accident Solicitors?
- Learn More About Car Crash Accident Claims
You may be wondering how much compensation you could receive for injuries sustained during a head on collision car crash. If your claim succeeds, you could receive two heads of claim. The primary head of claim is known as general damages and accounts for the direct pain and suffering inflicted by your injury.
Beneath, we’ve included a compensation table that compiles figures taken from the Judicial College Guidelines (JCG). Solicitors usually turn to this document when they are assessing how much a claim could be worth in general damages, because it contains compensation brackets for different types of injury.
Please remember that the JCG is only a set of guidelines and, therefore, cannot reflect your full circumstances. This is also because your claim may also benefit from special damages, a second head of claim intended as a way for you to reclaim the financial losses you’ve experienced as a result of your injuries. For instance, they may be able to help you recoup loss of earnings.
Speak to our advisors to get an estimate based on your unique circumstances.
|Multiple severe injuries with associated financial losses.
|Up to £1,000,000+
|A combination of severe injuries which cause financial losses, such as loss of income, as well as suffering and pain.
|£282,010 to £403,990
|Individual has little meaningful response to environment. Level of award considers: degree of insight, life expectancy, physical limitations and other factors.
|£150,110 to £219,070
|Severe to moderate deficit in intellect, change in personality, effect on sight, speech and senses.
|£219,070 to £284,260
|Level of award considers: extent of pain, independence, depression, life expectancy and sexual function.
|£91,090 to £160,980
|Spinal cord and nerve root damage leading to a combination of very serious consequences.
|£97,980 to £132,990
|Amputation that may or may not have complications. Factors in phantom pains, success of prosthetics, increased chance of osteoarthritis.
|Severe leg injuries (ii)
|£54,830 to £87,890
|Injuries causing permanent problems with mobility such as as the need for crutches or mobility aids for the rest of the individual’s life.
|Knee Injury (iii)
|£26,190 to £43,460
|Disability that is less severe overall but which causes continuing symptoms by way of pain and discomfort.
|One or More Minor Psychological Injuries and One or More Whiplash Injuries
|Injuries lasting more than 18 months but no more than 24.
|One or More Whiplash Injuries
|Injuries lasting more than 18 months but no more than 24.
The Whiplash Reform Programme
Two of the entries in the table above have been taken from the tariff found in the Whiplash Injury Regulations 2021. This tariff was introduced as a part of the Whiplash Reform Programme, which changed how adult drivers and passengers must begin their claims for whiplash and soft tissue injuries if the overall claim is valued at £5,000 or less.
However, if these individuals suffer injuries that take the value of their claim to be over £5,000, then they may begin their claim using the traditional method. Regardless of how the claim is made, the tariff would still apply to their whiplash injuries.
It should be noted that the tariffs may still apply to the whiplash and soft tissue injuries experienced by someone who does not need to claim in the manner outlined by the Whiplash Reform Programme.
Alongside seeking out information about how compensation is calculated for road traffic accident claims, it is worth considering the eligibility requirements you must meet in order to be awarded a payout.
For your claim to succeed, you need to demonstrate how another driver breached the duty of care they owed you, leading to the head on collision car crash in which you were injured. This is known as negligence.
The Road Traffic Act 1988 outlines the duty of care that is owed on the road. According to this piece of legislation, road users must take reasonable care to avoid causing damage to themselves or others. In addition, the Highway Code provides guidance and rules for each type of road user. Some of this is backed up elsewhere in law.
Therefore, to be eligible to start a claim, you must:
- Firstly, show that a driver owed a duty of care.
- Secondly, this duty of care was breached.
- Thirdly, you sustained injuries as a result of this breach.
Speak to our advisors if you have further questions. They can shed light on the merits of your potential claim.
Time Limits On Road Traffic Accident Claims
The personal injury claim time limit is three years, starting from the date of your accident. This is outlined by the Limitation Act 1980.
However, exceptions do exist for these time limits. For example:
- A claimant mentally incapable of claiming would have their claim time limit frozen until they have gained the required capacity. At this time, the limit begins as normal.
- Children under 18 cannot claim on their own behalf, so they must wait until their 18th birthday, at which point the time limit begins as normal.
In either of these circumstances, the courts may appoint a litigation friend to claim on behalf of a person who cannot. To learn more about this or the time limit exceptions, get in touch with our advisors.
There are various ways a head on collision could occur. Some examples may include:
- Drunk/drug driving – if someone is impaired by drugs or alcohol, they may not operate their vehicle safely. For example, they may run a red light and collide with another vehicle head-on.
- Distracted driving – using a mobile phone, or changing the radio station could take someone’s attention away from the road. This could lead to a crash too.
- Failure to adhere to speed limits – driving at dangerous speeds could mean a driver doesn’t have the required stopping distance to apply the brakes to avoid hitting another car.
- Tiredness – driving when tired can be very dangerous. If a driver drifts off to sleep while driving, their vehicle may traverse into oncoming traffic.
If you have been injured in an accident on the road, our advisors could check whether you could be eligible to make a head-on collision claim. Contact them today to receive free advice for your specific case.
A head on collision car crash could cause a range of injuries, from minor scrapes to life-changing amputations. For instance, you could experience:
- Breaks or fractures
- Sprains and strains
- A head injury, which could lead to brain damage
- A back injury or neck injury, possibly involving nerve damage and paralysis
Speak to our advisors to learn more about the process of making a personal injury claim following a road traffic accident.
Road traffic accident claims require evidence in order to succeed. Here are some examples of evidence you could collect and why it is important:
- CCTV footage or dashcam footage could give a visual account of the incident.
- Medical records can demonstrate the extent of your injuries.
- Contact details of witnesses can provide a means to get eyewitness statements
- Police reports can be useful, as the report of a car accident can provide information about the accident.
If our advisors feel your claim is valid, they may be able to put you in touch with one of our solicitors. One of the services this professional can provide is to help you collect evidence.
One of the benefits of working with our solicitors is that they can offer their services under a No Win No Fee agreement. In particular, they work under the terms of a Conditional Fee Agreement (CFA), which will allow you to begin a claim without having to pay ongoing fees for the solicitor’s services. Generally, you also won’t have to pay their service fees if your claim fails.
Under the terms of a CFA, it is only following a successful claim that you will pay a success fee, which will be a small percentage of your compensation.
Get In Touch With Our Team
Talk to one of our advisors about the process of claiming for a head on collision car crash caused by another driver. They can provide advice about the merits of your potential claim. This consultation is free, and they may be able to connect you to one of our No Win No Fee solicitors. For more information:
Related guides from our website:
- Our guide on claiming as a passenger in a car accident.
- Find out how to prove an injury after a car accident.
- Learn more about compensation for nerve damage after a car accident.
Third-party resources with related topics:
- GOV.UK – Request CCTV footage of yourself
- NHS – Get your medical records
- POLICE.UK – Driving offences
For additional information regarding claiming for a head on collision car crash, contact our team of advisors.