After suffering an injury in a car accident that was not caused by you, you might be considering a car accident injury claim? This guide looks at the evidence needed to support a claim such as this and how recent changes to the law may have a bearing on your claim.
We discuss the Whiplash Reform Program. Importantly this does not relate to minors, cyclists, motorbike riders, sidecar passengers and pedestrians (or equivalent). If you are a driver or passengers of a vehicle and your injuries amount to no more than £5000 then you will make a claim through the government portal.
At Advice, we offer an introductory service that could connect you with a member of our panel of personal injury solicitors. They are experts at helping people get fully compensated, so why not find out how they could help you by getting in touch:
- Call our team on 0161 696 9685
- Request a ‘call back’ when you contact us
- Or access immediate help through our ‘live support’ option
Select A Section
- What Is A Car Accident Injury Claim?
- Who Could Make A Car Accident Injury Claim
- Low-Value Car Accident Claims
- Can I Still Claim If I Wasn’t Wearing A Seatbelt?
- How Much Compensation Will I Get For A Car Accident Injury Claim?
- Get Advice On Making A Car Accident Injury Claim
A car accident injury claim is a legal decision to seek compensation from another motorist who hurt you through negligent, reckless, or criminal driving. Anyone who was injured because another road user was not adhering to the generally expected standards of the average motorist could start a claim for damages.
The Highway Code sets out what those standards should be in detail. Failure to properly display due care and diligence behind the wheel that results in injuring another road user can mean you are liable or responsible.
There is a three-year time limit to starting a road traffic accident claim. Furthermore, there is also a way of seeking damages through the Motor Insurer’s Bureau (MIB) if the driver concerned was uninsured or missing. Or through the Criminal Injuries Compensation Authority CICA if you were the victim of a violent crime involving a vehicle. Speak to our team for advice on the best course of action to pursue.
How Many Car Crashes Happen A Year In The UK?
Government statistics estimate for road causalities by severity on British roads year ending June 2021:
- An estimated number of 1,390 fatalities on British roads during 2020/21
- 24,530 seriously injured or fatalities resulted from road accidents in the same period.
- A total number of 119,850 casualties of all severities.
To be eligible to make a car accident injury claim the onus will be on the claimant to prove their injuries were caused by a breach in the duty of care owed to road users. All road users must show each other a duty of care. If this is breached and negligence results in an injury then those injured through no fault of their own could pursue a personal injury claim. So this can include:
- Car/vehicle drivers
- Motorbike riders or sidecar riders
- Passengers of any of the above
What Is The Role Of A Litigation Friend?
Furthermore, a loved one or a person with the best interests of the claimant at heart can act as a ‘litigation friend’. This role requires them to attend to all the necessary aspects of the personal injury claim and act in the best interests of the person injured. Our team can offer more help with this role and how you may be eligible to act as one.
The Whiplash Reform Programme or The Whiplash Injury Regulations 2021 is legislation that came into effect on May 31st 2021 that requires road traffic injuries valued at £5,000 or less (£10,000 including all damages) to be processed through an online government portal called the Official Injury Claim Service or OIC. Again this only applies to drivers and passengers over the age of 18.
However, medical evidence is now a must and you will be invited to an independent medical assessment.
Talk to our team and let them help evaluate the real cost of the whiplash/soft tissue injury to you. They can advise what your injuries may be valued at and which route you need to take to be compensated.
Yes. You can still make a personal injury claim but failure to wear a seatbelt can be deemed as ‘contributory negligence’ on your part. This might create a ‘split liability‘ situation meaning that you are only eligible for a reduced proportion of compensation.
It’s still important to prove that the accident happened due to negligent driving decisions by the other party. Evidence such as dashcam, CCTV, witnesses, police report or ambulance reports can all help to substantiate your side of the story.
It is the law to wear a seatbelt and failure to do so could compromise your claim. But still get in touch with our team today to discuss any potential reduced amount you may be owed.
If you are making your personal injury claim through the Official Portal these tariffs will not count. The legislation dictates what amounts will be awarded.
When it comes to calculating a realistic request for your car accident injury claim, two areas can be looked at. General damages are calculated by taking the findings of a medical assessment and cross-referencing your injuries with those listed in a publication called the Judicial College Guidelines.
This index of award guideline figures lists common injuries in order of severity. It acts as a way of acknowledging how the injuries impacted your amenity to life or the pain and suffering caused. General damages shown in the table below are guideline amounts only.
|Injury Area||Severity||JC Guideline Award||Notes|
|Neck||(a) Severe (ii)||£61,710 to £122,860||Serious fractures or damage to the discs in the cervical spine that are of a considerable severity.|
|Neck||(b) Moderate (i)||£23,460 to £36,120||Fractures and dislocations that cause severe issues that may require surgery.|
|Back||(a) Severe (iii)||£36,390 to £65,440||Disc lesions and fractured discs causing chronic discomfort and potentially giving rise to depression or unemployment.|
|Back||(b) Moderate (i)||£26,050 to £36,390||Conditions that include compression or crush fractures to the lumbar vertebrae|
|Pelvis||(b) Moderate (i)||£24,950 to £36,770||Awards here indicate a significant initial injury but no great risk of long term disability|
|Severe Leg Injuries||(b) Serious (iii)||£36,790 to £51,460||Comminuted or compound fractures causing joint and ligament pain, instability and severe arthritis risk.|
|Arm||(b) Injuries Resulting in Permanent and Substantial|
|£36,770 to £56,180||A serious fracture to one or both forearms leaving permanent functional or cosmetic disability|
|Ankle||(b) Severe||£29,380 to £46,980||Injuries that leave substantial disability even after a lengthy period in plaster or surgical pins|
|Head||(c) Moderate (iii)||£40,410 to £85,150||Brain trauma that can cause memory issues, impaired concentration or risk of epilepsy|
Not intended to be cast-iron guarantees, these amounts serve only as a guide.
Special damages are other reimbursable amounts. In order to claim these costs back, it’s necessary to have documented proof of them. This needs to be bills, receipts, or invoices that directly relate to your attempts to cope financially with the injury. So, with this in mind, you may be able to prove that you can claim for:
- Loss of earnings
- Medical equipment or procedures
- Travel expenses to and from vital appointments
- Carer costs from family, friends, or paid professionals
- Adaptations or modifications to your home or car
- Any damaging impact on your pension or work attendance bonus
In short, any amount you can prove fell to you as a cost because of the consequences of the accident and injury could be something the other party has to reimburse you. Speak with our advisors and they can discuss other eligible costs with you. Or you can try our compensation calculator for yourself.
Anyone is free to commence a car accident injury claim themselves but it can be much easier with legal help, especially if there are extenuating circumstances such as not wearing a seatbelt. A claim can only be made once. So it’s important to properly evaluate what you are owed and ensure you receive the right amount, particularly in cases of reduced amounts.
A No Win No Fee service can be of great assistance with this. Personal injury solicitors offering exactly this service can take up your case without the requirement of up front fees. Or any cost to you as the case develops.
In fact, only a maximum amount of 25% from the settlement becomes due if your case is successful. This is the only time you need to pay your solicitors for their efforts on your behalf. Learn more about how a car accident No Win No Fee claim could start for you by:
- Calling our team for an initial consultation on 0161 696 9685
- Request a ‘call back’ when you contact us
- Or access advice through our ‘live support’ option
Other Car Accident Injury Claim Resources
- More resources here about the time limit for a car accident claim
- More information on what are your rights in a car accident compensation claim
- FAQ’s on how you report a car accident
- Further reading on the new Highway Code changes
- Detailed guidance about the Whiplash Injury Regulations 2021
- Lastly, help to stay safe on British roads
Page by FS
Published by AL.