This is an informative article on when you may be eligible to make a personal injury claim following a van accident. Whilst on the road all road users owe each other a duty of care. This means that road users should operate the road in a safe enough way not to cause injury or damage. This guide will look at what to do if you are involved in a road accident as a van driver or as a road user impacted by a van accident.
Should another driver breach their duty of care and cause you to sustain injuries, you may have valid grounds to seek compensation.
In this article, we will provide examples of how this kind of accident could occur. What’s more, we will discuss specific pieces of evidence you could use to support a personal injury claim. Finally, we will provide information about using a No Win No Fee personal injury solicitor.
To make any enquiries regarding a potential personal injury claim, you can contact a member of our team. Our advisors are available at all times to provide free and confidential legal advice. Also, they could connect you with one of our specialist solicitors if they determine that you may have a valid claim.
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- When Could You Claim For A Van Accident?
- Examples Of Van Accidents
- Evidence Which Could Support Your Vehicle Accident Claim
- Examples Of Compensation Payouts For A Van Accident
- Get Help Making A No Win No Fee Van Accident Claim
- Find Out More About Road Traffic Accident Claims
To make a personal injury claim after a van accident, negligence must have occurred. Negligence occurs when three criteria have been met:
- A third party owed you a duty of care at the time and location of your accident.
- This third party breached their duty of care.
- As a consequence of this breach, you sustained physical injuries and/or psychological harm.
When considering road traffic accident compensation claims, it’s important to consider who may have owed you a duty of care. As outlined in the Road Traffic Act 1988, all road users owe a duty of care to navigate the roads safely. As well as this, The Highway Code also provides guidance and rules, some of which are supported by law.
Therefore, you may be eligible to claim compensation for a road traffic accident if a driver did not uphold the duty of care they owe you, as outlined in the legislation and code mentioned above.
Time Limits For Van Accident Claims
To determine the eligibility of your claim, it is also important for you to consider whether your case is within the time limits laid out by the Limitation Act 1980. This states that generally, you have three years in which to start a personal injury claim, beginning from the date of your accident.
However, even if your claim is not within these time limits, you may still be eligible to bring forward a claim, as certain exceptions can apply. To ask about these exceptions in relation to your potential van accident claim, please get in contact with a member of our team.
Below we will provide examples of how a van accident could occur:
- A motorcyclist does not carry out the appropriate checks when pulling onto a main road and crashes into the side of your van.
- A driver fails to brake behind you at a red light and collides with the rear of your vehicle.
- Another driver is operating their vehicle while under the influence of alcohol, during which time they collide with another vehicle.
If you have been injured in a vehicle accident and a third party was liable, it is important that you gather evidence of negligence. Examples of what you could obtain to support a claim for compensation include:
- Dashcam footage
- CCTV footage
- A copy of your medical records
If you choose to work with a solicitor on your case, they can help you to gather and compile evidence that will support your claim. Speak to one of our advisors to learn more about strengthening your potential personal injury claim following a van accident.
There are up to two heads of loss that could be compensated for a personal injury claim:
- Special damages
- General damages
First, you could receive an award under general damages for the mental harm or physical pain and suffering you sustained as a result of your injuries. This can account for different factors, such as the effect that your injuries have had on your quality of life.
To illustrate guideline compensation for various injuries that could occur during a van accident, we have created the table below. We used the Judicial College Guidelines (JCG), a document that personal injury claims solicitors can also use as a guide to help them consider the value of a payout under general damages.
Also, we have added two entries to the bottom of the table relating to whiplash injuries, which we will provide more information on later in this guide. These figures have been taken from the tariff in The Whiplash Injury Regulations 2021.
Guideline Compensation Table
|Type of Injury
|Compensation Bracket Guidelines
|The award will factor for the person’s age and life expectancy, the presence and severity of pain, and the degree of independence the person has.
|£219,070 to £284,260
|(b) Moderately Severe
|Serious disability, a need for constant care and a substantial amount of dependence on others.
|£219,070 to £282,010
|Some risk of epilepsy, an intellectual deficit of a moderate to modest severity, and the person’s capability to work is greatly reduced or removed.
|£90,720 to £150,110
|One leg amputated above the knee.
|£104,830 to £137,470
|Significant permanent disability. Some useful movement will remain.
|£24,500 to £39,170
|Many various injuries can be covered by this bracket. For example, traumatic spondylolisthesis with pain that is continuous and has a likelihood of requiring spinal fusion.
|£27,760 to £38,780
|Dislocations or fractures leading to immediate symptoms, which are severe, and there may be the need for spinal fusion.
|£24,990 to £38,490
|Simple forearm fractures.
|£6,610 to £19,200
|One or multiple of both whiplash injuries and minor psychological injuries
|Duration of the injury: Over 18 months but not surpassing 24 months.
|One or multiple of both whiplash injuries and minor psychological injuries
|Duration of the injury: Over 15 months but not surpassing 18 months.
The compensation brackets in this table are a guide.
Can I Claim Special Damages?
If your injuries have caused you to suffer financial losses, such as past or future loss of earnings, travel expenses or care costs, you may be eligible to receive special damages. It is important to note that you must prove these losses with evidence.
The evidence you can provide to demonstrate your financial losses includes:
- Travel tickets
- Bank records
Does The Whiplash Reform Programme Impact Vehicle Accident Claims?
The Whiplash Reform Programme was introduced on 31st May 2021. This changed the way in which you can pursue whiplash compensation for road traffic accident claims. This applies in cases where drivers or passengers over 18 have sustained injuries valued at or below £5,000 and means the claim will be made in a different way.
If you have additional injuries that raise the value of your claim beyond £5,000, the claim will be made traditionally. However, all whiplash injuries sustained in a road traffic accident which are suffered by an adult passenger or driver will still be valued in line with the tariff in The Whiplash Injury Regulations 2021. Likewise, this tariff may also apply to whiplash and soft tissue injuries sustained by individuals like passengers under the age of 18.
If you choose to use the services of a solicitor when making a claim, you may be offered to enter into a Conditional Fee Agreement (CFA). This is one of several types of No Win No Fee agreements. It means you wouldn’t pay ongoing or upfront fees for the services provided by your solicitor, nor would you generally pay any fees for their services if your claim is unsuccessful.
On the other hand, if your claims succeeds, your solicitor will take a small success fee from the compensation. This is a percentage, capped by legislation.
Allow our advisors to assess your claim. They could connect you with one of our specialist No Win No Fee solicitors if they determine that you may have a valid claim.
Talk To Us About Your Road Traffic Accident Claim
Please contact us to discuss your potential personal injury claim following a van accident. You can:
For more about claiming road traffic accident compensation, take a look at the following guides:
- Can I Still Claim Compensation If Involved In A Car Accident With An Uninsured Driver?
- £4 Million Brain Damage Payout After A Road Traffic Accident – Case Study
- Can I Make A Claim If I Was A Passenger In A Car Accident?
Also, explore these external pages:
Thank you for reading this article on when you could claim compensation for a van accident.