If you have been injured in a car crash on the motorway, this guide could help you understand when you could be eligible to begin a personal injury claim. You can find information on the criteria that need to be met in order to pursue your claim for a road traffic accident, as well as the time limits you have to start legal proceedings. Also, this guide will explore whether the whiplash reforms will affect the avenue you must take to seek compensation.
Road users, including drivers of different vehicles, owe a duty of care to others whilst navigating the roads. We will explore the responsibilities they have in more detail throughout this guide as well as look at how they could fail to uphold their duty.
Additionally, we will look at how a breach of duty could cause a car accident to occur and the subsequent injuries that could be sustained as a result.
Furthermore, we will discuss the different stages of the claims process, including the steps you could take to gather evidence to support your case.
If you have any questions whilst you move through this guide, please don’t hesitate to get in touch with an advisor. To reach them, you can:
Select A Section
- Can I Claim For A Car Crash On The Motorway?
- Examples Of Injuries Caused By Motorway Collisions
- Evidence Supporting Your Motorway Accident Claims
- How Much Could I Claim For A Car Crash On The Motorway?
- Talk To Us About Claims For Collisions On The Motorway
- Further Road Traffic Accident Claim Resources
In order to start a personal injury claim for a road traffic accident, you must satisfy the eligibility criteria below:
- A road user owed you a duty of care.
- There was a breach of this duty.
- You experienced physical or psychological injuries as a result of the breach. This is negligence.
The Road Traffic Act 1988 sets out the duty of care for road users. It states that they need to navigate the roads in a responsible way to prevent themselves and other road users from becoming injured. Additionally, the Highway Code offers guidance on the responsibilities different road users have.
If a driver fails to uphold their duty of care, this could cause you to sustain harm in a car crash on the motorway. For example, a driver may have failed to indicate or check their mirrors when changing lanes causing them to crash into the side of your car. As a result, you may sustain a severe back injury alongside a leg injury. In this instance, you may be able to seek compensation for your injuries.
What Is The Whiplash Reform Programme?
Following the introduction of the Whiplash Reform Programme, the way certain road traffic accident claims are made has changed. As such, if you are an adult passenger or driver with injuries valued at lower than £5,000, you need to claim via a different avenue. Also, if you have injuries relating to whiplash, the tariff set out in the Whiplash Injury Regulations 2021 will be used to value these.
If you sustain additional injuries that take the total value of your claim above £5,000, you can claim in the traditional manner. However, any whiplash injuries will still be valued in accordance with the tariff. If you have other injuries not included in the tariff, these will be valued traditionally.
Motorway Crash And Collision Accident Claim Time Limits
There is a time limit for starting a personal injury claim for a car accident. This is generally three years from the date of the injury. The Limitation Act 1980 sets out the time limits. However, certain exceptions could be made.
To learn more about these exceptions, the eligibility requirements for seeking compensation and whether the whiplash reforms will affect your claim, get in touch on the number above.
There are several types of injuries that could be sustained in a car crash on the motorway, including:
- Head injuries, such as brain damage
- Broken bones, such as a broken hip and broken rib
- Nerve damage
- Cuts, scrapes and bruises
- Damage to internal organs, such as the lungs or heart
- Serious injuries such as damage to the neck
In order to strengthen your claim, you should provide as much evidence as possible. This can help prove liability and establish to what extent your injuries have affected your life. For example:
- Dashcam footage.
- A diary of the symptoms you have experienced as a result of your psychological and physical injuries.
- A copy of your medical records, such as prescriptions and copies of any scans.
- Contact information from any witnesses who could give a statement at a later date.
You may benefit from seeking legal representation in the form of a solicitor from our panel. They can help you through the different stages of the claims process by assisting you in gathering evidence and building your case. To learn whether they could represent your case, get in touch on the number above.
Personal injury settlements following a successful road traffic accident claim can comprise general damages and special damages. General damages compensate for the pain and suffering caused by the injuries you sustained, taking into account the physical and psychological impact they have had.
Solicitors can use the Judicial College Guidelines (JCG) to help them value this head of claim as it contains guideline award brackets for different injuries. We have included some of these in the table below which should be used as a guide.
Additionally, we have included two whiplash entries from the tariff mentioned above. These are fixed amounts.
|£324,600 to £403,990
|Factors such as age and the psychological impact will be considered when valuing the award.
|£219,070 to £284,260
|Factors such as the presence of pain, degree of independence and life expectancy will influence the award given.
|Very Severe Brain Damage (a)
|£282,010 to £403,990
|Full time care is required.
|Severe Back Injuries (a) (i)
|£91,090 to £160,980
|Damage to spinal cord and nerve roots leading to serious consequences.
|Loss of One Arm (b) (ii)
|£109,650 to £130,930
|Hand Injury (c)
|£96,160 to £109,650
|Total or effective loss of one hand.
|Severe Leg Injuries (ii)
|£54,830 to £87,890
|Very serious injuries leading to permanent problems with mobility.
|Wrist Injuries (b)
|£24,500 to £39,170
|Significant disability where some useful movements remain.
|One or More Whiplash Injuries
|Symptoms last for more than 18 months but less than 24.
|One or More Whiplash Injuries
|The symptoms last for more than 15 months but less than 18.
Examples Of Special Damages
The other head of claim is known as special damages which account for the financial losses caused by your injuries. Some of the costs you could seek reimbursement for include:
- Travel costs.
- Medical expenses.
- Loss of income.
- Care costs.
In order to prove these losses, you should provide evidence such as payslips and receipts.
For more information on the process of calculating car accident injury payouts, get in touch using the number above.
You may benefit from working with a No Win No Fee solicitor from our panel. They have experience handling road traffic accident claims and could help you seek compensation for your injuries.
Additionally, they offer a contract known as a Conditional Fee Agreement (CFA). Under a CFA, you typically won’t need to pay for the work your solicitor completes on your case if it has an unsuccessful outcome.
However, if your claim wins, you will pay your solicitor a success fee. This is deducted as a percentage which is capped by The Conditional Fee Agreements Order 2013.
Speak To An Expert
For more information on how you could connect with a car accident solicitor from our panel, get in touch with an advisor. They can assess whether you have valid grounds to seek compensation. If you do, they can assign a solicitor to your case. To learn more, you can:
You can find more of our guides below:
- What should you do if you get injured in a car accident?
- How do you report a car accident?
- Fatal car accident claims
- Find out if you can use a car accident claim calculator in order to work out what compensation you are owed.
Additionally, we have provided some helpful external resources:
- NHS – How to get your medical records
- Think! – Advice for road users
- GOV – Rules on motorways from the Highway Code
For more information on the process of seeking compensation following a car crash on the motorway, get in touch using the number above.
Page by WD
Published by NL