In this guide, we will explore when you could be eligible to make a road traffic accident compensation claim after suffering a reversing injury for which another road user was liable. As we move through this guide, we will explain the eligibility requirements you must meet to bring forward a personal injury claim, how you can prove that another road user was liable and the injuries that could be sustained.
Reversing Injury Compensation Claim Experts
Every road user owes a duty of care to one another to use the roads safely. We will discuss this in more detail throughout this guide; it is important to understand that when another road user breaches this duty of care, resulting in you sustaining injuries, negligence and a personal injury claim could be made as a result.
If you’d like to discuss your potential personal injury claim, you can contact us by using the information provided below. Our advisors are available to offer free legal advice 24 hours a day, 7 days a week. They can also provide you with an estimate of how much compensation you could be eligible to receive.
You can contact us by:
- Calling us on 0800 073 8801
- Using our live chat feature in the bottom corner of this page
- Writing to us via our contact us page
Select A Section
- How To Claim For A Reversing Injury
- Time Limits For Reversing Accident Claims
- Examples Of Reversing Accidents
- What Injuries Could Be Caused By Reversing Accidents?
- Proving Fault In Car Accident Injury Claims
- Estimating Reversing Injury Claim Payouts
- Start Your No Win No Fee Reversing Accident Claim
- Learn More About Reversing Injury Claims
How To Claim For A Reversing Injury
The Road Traffic Act 1988 states the duty of care on the road. Also, The Highway Code provides guidance and rules for navigating the roads safely, some of which are backed by laws. All road users should act in a way that prevents injury to themselves and others.
You could be eligible to make a claim for a road traffic accident if your case meets the following criteria:
- You were owed a duty of care by another road user.
- This duty of care was breached.
- As a result, you suffered from physical injuries and/or psychological harm.
For example, a driver could fail to carry out the appropriate checks when reversing out of a parking space and, as a result, hits a pedestrian. This leads to them sustaining a severe reversing injury. In this case, the pedestrian could be eligible to make a compensation claim because they were harmed by negligence.
How The Whiplash Reform Program Affects Car Accident Claims
In cases of a car accident where you sustain whiplash injuries, it is important to consider the Whiplash Reform Programme introduced on May 31st 2021. As per this program, passengers or drivers over eighteen that suffer whiplash or soft tissue injuries valued at £5,000 or under may now need to make a claim for whiplash compensation via a different route.
However, if you have additional injuries that raise the compensation value over £5,000, you would make your claim traditionally. It is important to note that all whiplash injuries of drivers and passengers will be valued in line with the tariff found in The Whiplash Injury Regulations 2021.
Time Limits For Reversing Accident Claims
It is important to consider the time limits for claiming compensation for a personal injury. This is outlined by the Limitation Act 1980, which states that generally, you have three years from the date of the accident to begin a road traffic accident claim.
To learn more about the time limits applicable to personal injury claims and the exceptions to these, speak to a member of our team. They can also provide insight into whether you may have valid grounds to pursue compensation for a reversing injury.
Examples Of Reversing Accidents
When it comes to reversing accidents, who is at fault in the UK depends on what actions each party took leading up to the accident. Below, we describe some ways in which a reversing accident could happen and who could possibly be at fault.
- Someone could reverse out of their driveway without looking carefully to see what traffic was coming, causing them to hit another driver.
- Someone could be speeding and not be able to stop in time for a vehicle that is reversing safely. The speeding driver may be at fault for the accident.
- A pedestrian could be at fault if they do not look for cars reversing out of driveways.
- A motorist could be at fault if they reversed out of a car parking space without checking for other traffic.
These are just a few examples of reversing accidents. If someone reversed into you, who was at fault will depend on the situation. If you would like to check your eligibility to make a compensation claim for injuries sustained in a reversing accident, please contact an advisor. They would be happy to assess your case for you.
What Injuries Could Be Caused By Reversing Accidents?
After a reversing accident, a person could be left with various injuries. These may range in severity from minor scrapes to severe brain damage. Reversing accidents could result in injuries to drivers, motorbike riders, pedestrians or cyclists. Below we will provide some examples of injuries you could sustain in a reversing accident:
- Sprains and strains
- Broken bones and fractures
- Brain and head injuries
- Neck injuries
- Nerve damage
- Dislocations
- Amputations
- Tendon or ligament injuries
To learn more about the road traffic accident compensation you may be eligible to receive for your reversing injury, please speak to a member of our team.
Proving Fault In Car Accident Injury Claims
Obtaining evidence that another road user was at fault for your injuries is important when making a road traffic accident claim. Types of evidence that you can gather include:
- CCTV footage or dashcam footage of the accident taking place
- Photographs of the scene of the accident and any physical injuries you sustained
- Keeping a diary of your treatment and any symptoms you experience as a result of your injury
- Copies of your medical records
- Contact details of witnesses
Please contact a member of our team to enquire about the evidence you could use to strengthen your reversing injury claim for personal injury compensation.
Estimating Reversing Injury Claim Payouts
When making a successful road traffic accident claim, you could be eligible to receive up to two different heads. The first of these is general damages. This head of claim aims to compensate claimants for the physical pain and suffering they’ve endured as a result of their injuries and/or any mental harm incurred.
We have provided a table below as guidance to the general damages head of claim. The guideline compensation brackets have been taken from the Judicial College Guidelines (JCG), which is a document that solicitors can use to help them value personal injury claims. We have also provided two whiplash injuries valued in line with the tariff found in The Whiplash Injury Regulations 2021 at the bottom of the table.
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Combinations of severe injuries with associated financial costs and losses/ | Severe | Up to £1,000,000+ | Multiple severe injuries causing pain, suffering and financial losses such as medical expenses and loss of income. |
| Brain Damage | Very Severe (a) | £282,010 to £403,990 | The person will show little, if any evidence of a meaningfully responding to their environment. Also, they will require full time nursing care. |
| Brain Damage | Less Severe (d) | £15,320 to £43,060 | Injuries from which the person makes a good recovery, enabling them to return to work and partake in normal social life. |
| Neck Injuries | Severe (a)(i) | In the region of £148,330 | The person will have an injury relating to incomplete paraplegia or that leads to permanent spastic quadriparesis. |
| Chest Injuries | (b) Permanent | £65,740 to £100,670 | A traumatic injury to the chest, heart, and/or lung(s) resulting in impairment of function, permanent damage, physical disability, and a reduction of the person’s life expectancy. |
| Back Injuries | Severe (a)(ii) | £74,160 to £88,430 | Cases involving special features, such as nerve root damage with loss of sensation, impaired bladder and bowel function, impaired mobility and further problems. |
| Arm Injuries | Injuries Resulting in Permanent and Substantial Disablement (b) |
£39,170 to £59,860 | Serious fractures of one or both forearms where there is a significant and permanent functional or cosmetic residual disability. |
| Injuries to the Pelvis and Hips | Severe (a)(iii) | £39,170 to £52,500 | Various injuries can fall within this bracket, such as a fracture of the acetabulum which leads to leg instability that requires an osteotomy, degenerative changes the likelihood that hip replacement surgery will be necessary in the future. |
| Leg Injuries | Severe (b)(iv) | £27,760 to £39,200 | This bracket covers severe crushing injuries, or complicated or multiple fractures. |
| Whiplash Injuries | One or Multiple Whiplash Injuries Accompanied by One or Multiple Minor Psychological Injuries | £4,345 | The injury duration is longer than 18 months but not more than 24 months. |
| Whiplash Injuries | One or Multiple Whiplash Injuries Accompanied by One or Multiple Minor Psychological Injuries | £3,100 | The injury duration is longer than 15 months but not more than 18 months. |
Please consider this table as a guide. The amounts we’ve included cannot be guaranteed.
Start Your No Win No Fee Reversing Accident Claim
On the condition that our advisors find that you have a valid claim, they may place you in contact with one of our personal injury solicitors. Our solicitors can offer to work on your claim under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). This type of agreement generally means:
- You won’t be expected to pay any upfront or ongoing fees for your solicitor’s services.
- In the case that you’re claim is unsuccessful, you won’t be expected to pay anything for your solicitor’s services.
- If you’re successful in your claim, your solicitor can deduct a small success fee from the compensation. The amount of which is calculated as a legally capped percentage and is discussed between you and your solicitor before you agree to use their services.
Speak To Our Team About Making a Reversing Injury Claim
If you’d like to discuss the validity of your potential road traffic accident claim for a reversing injury, then you can use the contact details provided below to speak to our team of advisors.
You can contact us by:
- Calling us on 0800 073 8801
- Using our live chat feature in the bottom corner of this page
- Writing to us via our contact us page
Learn More About Reversing Injury Claims
If you’d like to learn more about reversing injury claims, then take a look at more of our guides:
- How To Know If You Have A Valid Whiplash Claim
- Pedestrian Accident Injury Claims
- Can I Make A Claim If I Was A Passenger In A Car Accident?
Additionally, you can explore the external links below to learn more:
- Statutory Sick Pay (SSP) – GOV.UK
- Advice for road users – THINK!
- Compensation after an accident or injury – GOV.UK
Thank you for reading this guide to making a road traffic accident claim for a reversing injury.