Will I Need To Attend A Medical After A Car Accident To Claim Compensation?

This article covers the subject of whether you will require a medical after a car accident in order to claim compensation. After a car accident, a key stage involved in making a claim is gathering and presenting evidence. A medical examination is an important part of this.

Medical after a car accident

Will I Need To Attend A Medical After A Car Accident To Claim Compensation?

As well as giving examples of other forms of evidence to present when making a road traffic accident claim, this guide also includes information on how much your settlement could be worth and how another road user breaching the duty of care they owe could result in an accident. Additionally, you can find out more about working with one of our No Win No Fee solicitors and what exactly this would entail.

Get in touch with our advisors at any time of the day or night with any questions you may have. You can:

  • Call on 0800 073 8801
  • Contact us through our website by filling out our web form
  • Use the pop-up chat window in the corner

Select A Section

  1. Will I Need To Attend A Medical After A Car Accident To Claim Compensation?
  2. Can I Make A Car Accident Claim?
  3. How Do I Prove My Car Accident Claim?
  4. Determining Payouts For Car Accidents
  5. Claim For A Car Accident With A No Win No Fee Solicitor
  6. Learn More About Getting A Medical After A Car Accident Or Other Injury

Will I Need To Attend A Medical After A Car Accident To Claim Compensation?

As part of the process of claiming compensation, you will be asked to attend an independent medical assessment. This is so that it can be confirmed that your injuries are consistent with the accident you were involved in. It can also determine the severity so that you have the best chance of securing the appropriate payout for your claim.

In some cases, the valuation of injuries sustained in a road traffic accident is more complex. For example, if you are claiming for the exacerbation of a pre-existing condition, then a medical assessment might be useful in establishing how much pain and suffering can be attributed to the accident itself as opposed to the pre-existing condition.

What Happens During Medical Assessments For Road Traffic Accident Claims?

A medical assessment might entail different steps depending on a number of factors, such as the severity of the injuries you have sustained. The medical professional might chat with you about your medical history and might ask you to demonstrate to them the extent of the impact the injury has had on you (for example, a reduced range of motion in your wrist).

In some cases, it might be necessary for you to attend a medical assessment with a specialist in a particular field. Speak with a member of our team today if you have questions about attending a medical appointment as part of the claims process.

Can I Make A Car Accident Claim?

In order to make a car accident claim, you need to meet 3 main criteria. In this section, we’ve broken them down for you:

  1. Duty of care – You need to be able to prove that you were owed a duty of care at the time of your road traffic accident. All road users automatically owe one another a legally-binding duty of care set out in the Road Traffic Act 1988. The Highway Code is a publication that outlines rules, guidelines and legal requirements on the road elsewhere backed by law.
  2. The duty of care being breached – This is when a road user acts in a way that violates their duty of care. For example, they may not give way when road markings dictate that they must.
  3. The breach causing an injury – Another road user’s breach of duty of care must have injured you in order for you to make a personal injury claim. This can include physical and psychological injuries.

It’s also important that you begin your claim within the legal time limit. The Limitation Act 1980 tells us that, typically, you have 3 years from the date of the injury to do this. However, exceptions can apply in certain circumstances. Get in touch for more information on claim eligibility and how long you could have in which to begin proceedings.

The Whiplash Reform Programme

In certain scenarios, you would not be able to make a traditional claim if you were injured in a car accident. The introduction of the Whiplash Reform Programme means that certain low-value injuries sustained in a road traffic accident (not just whiplash) sustained by adult drivers and passengers are compensated in a different way. Low-value whiplash injuries will be valued according to the tariff amounts from the Whiplash Injury Regulations 2021.

In order for the Whiplash Reform Programme to apply to your claim, the following must be true:

  • The injuries need to be worth £5,000 or less.
  • The injured party must be 18 years old or older and the driver or passenger of a vehicle (cycling accident claims or pedestrian accident claims, for example, will be made in the traditional way)
  • The accident must have taken place in England or Wales.
  • The incident must have occurred on or after 31st May 2021.

Get in touch if you have any questions about these reforms. If you have a valid claim, you could be connected with a No Win No Fee lawyer from our panel.

How Do I Prove My Car Accident Claim?

A medical after a car accident is a vital piece of evidence that can help support your claim for an injury caused by an accident that was not your fault. Below, we have included some examples of evidence that could support your claim. However, it’s not exhaustive, and other forms of proof could apply.

  • Visual evidence – This could take the form of photographs, or dashcam/CCTV footage.
  • Witness contact details – Collect the contact details of anyone who saw the accident take place. They could provide a written statement in support of your claim.
  • Police reports – If the accident was reported to the police, you could ask for a copy of the record.

Get in touch today for more information and guidance on the evidence you could collect in support of your claim. If your case is valid, you could be connected with a No Win No Fee solicitor from our panel to work on your case.

Determining Payouts For Car Accidents

If you make a successful following a personal injury claim, your settlement could consist of two heads. The head of claim that’s awarded for your pain and suffering is known as general damages. Legal professionals responsible for valuing compensation amounts might use the results of a medical after a car accident alongside a publication called the Judicial College Guidelines (JCG) to help them do this.

We’ve included some examples from the most up-to-date version of the JCG (2022) in the table below. These figures should only be used as guidelines. We have also included two of the tariff amounts from the Whiplash Injury Regulations at the bottom of this table.

Compensation Table – Examples

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Injury Description Amount
Neck – (a) (i) Severe When the injury is associated with incomplete paraplegia In the region of £148,330
Neck – (a) (ii) When the injury involves damage/fractures to the cervical spine, disabilities will be caused £65,740 to £130,930
Arm – Ampuation – (b) (i) When one arm is lost and has been amputated at the shoulder Not less than £137,160
Chest (c) Chest and lung(s) damaged with ongoing disability as a result £31,310 to £54,830
Brain/ head – (d) Less Severe A good recovery made with return to work and social life. £15,320 to £43,060
Elbow (b) Less Severe Impaired function but no need for major surgery. £15,650 to £32,010
Shoulder – (c) Moderate Frozen shoulder and limited movement with discomfort – 2 years will be roughly the time symptoms persist for £7,890 to £12,770
Back – (c) Minor – (i) When there is a full recovery to nuisance level in 2-5 years, without surgical intervention £7,890 to £12,510
Whiplash Injury Tariff Whiplash injury alone lasting for 15-18 months. £3,005
Whiplash Injury Tariff One or more whiplash injuries with psychological injuries lasting for 18-24 months. £4,345

Potential Special Damages Payments

You could also be eligible to be awarded compensation under another head of a claim known as special damages. This is intended to reimburse you for the financial impact of your injuries. Loss of earnings, medical expenses, and travel expenses are all examples of costs that could be covered by a special damages payment.

For more examples and information on how much you could receive in compensation after a car accident, get in touch with our advisors today.

Claim For A Car Accident With A No Win No Fee Solicitor

One of our No Win No Fee solicitors could assist you with your claim. All of our lawyers can offer representation under a certain type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).

When claiming with a No Win No Fee lawyer, you only pay them a small and legally capped percentage of your settlement if your claim succeeds. There are no upfront costs. If your claim fails, then you are not required to pay them for the work undertaken on your claim.

Get in touch today to see if you could claim with one of our No Win No Fee lawyers.

Discuss Your Claim With Our Car Accident Claim Specialists

There are multiple ways you can reach our advisors to ask any questions you may have. If they think your claim could be valid, they may connect you with one of our lawyers to begin your claim. However, you’re not obliged to begin a claim just by speaking with our advisors. Get in touch:

  • Call on 0800 073 8801
  • Contact us through our website by filling out our web form
  • Use the pop-up chat window in the corner

Learn More About Getting A Medical After A Car Accident Or Other Injury

Thank you for reading our guide on whether you need a medical after a car accident. We’ve included some links to additional resources below.

More guides from us:

Information from other sources:

Written by Bibby

Edited by Stocks