What Are My Rights In A Car Accident And Could I Claim Compensation?

By Cat Grayson. Last Updated 22nd April 2024. If you have recently been involved in a car accident you may be wondering, “What are my rights in a car accident?” The Highway Code states that all road users whether considered vulnerable or not have a duty of care not to cause accidents. If you are involved in a car accident that is not your fault, if you can prove a third party is liable then you could make a personal injury claim for any harm you have suffered. In this guide, we will provide advice on your rights and responsibilities when in a car accident. We will also explain how to claim compensation for your injuries if the car accident was not your fault.

If you have recently been injured in a car accident and wish to claim compensation, Advice.co.uk can help. Contact our advisors today they will assess your case in a no-obligation assessment. If they think your case has a chance of being successful they can offer to connect you with a No Win No Fee solicitor from our panel. To begin your claim for car accident compensation call us on 0161 696 9685. Or contact us in writing by filling out our compensation form.

A smashed car bonnet that has hit another car

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A Guide On What Are My Rights In A Car Accident?

The Department for Transport (DfT) has states that there were 153,158 casualties in 2019 of this there were 1,752 reported deaths on the road. Of these casualties, 25,945 were serious injuries. People who have been involved in car accidents have legal rights and legal obligations. In this guide, we will explain what your rights in a car accident are. We will advise you on what to do if a car accident is not your fault. Also, we will answer any questions you may have such as “can I sue if I was a passenger in a car accident?”

If you believe you are owed compensation for car accident injuries, call Advice.co.uk today for your free telephone assessment. A compensation claims specialist can also offer you free legal advice and answer any questions you may have such as “what are my rights in a car accident?”. To begin your claim, call us or fill out our online claims form. Alternatively, keep reading this guide to learn more.

Car Accident Victim Compensation Calculator

If you were the victim of a car accident that was not your fault, you may be able to claim compensation. Your compensation payout can include two heads of claim. The first is general damages which will pay you for the pain, loss of amenity and suffering caused by your injuries. The second head of claim is special damages which you can claim to reimburse you for any expenses incurred because of your injury. This can include the cost of repairing your vehicle or medical expenses.

How much compensation can you claim for an injury suffered in a car accident? Very often when calculating how much compensation you are owed for your injuries this will be based on your medical report and other evidence. However, you can use the table below to estimate how much compensation you could be owed in general damages.

Nature Of InjuryDegree Of InjuryAbout The InjuryEstimated Award
Multiple Serious Injuries With Financial LossesSeriousCompensation is awarded for suffering multiple serious injuries and for their financial losses, such as lost earnings, travel expenses and care costs.Up to £1,000,000+
Back InjurySevere (i)Severe damage to the nerve roots and the spinal cord leading to serious consequences.£111,150 to £196,450
Neck InjurySevere (i)Usually associated with incomplete paraplegia or causing permanent spastic quadriparesis.In the region of £181,020
Arm InjurySevereInjuries that have fallen short of needing amputation but are still extremely serious.£117,360 to £159,770
Facial DisfigurementVery severeVery disfiguring cosmetic effect for those aged between their teens and early 30s.£36,340 to £118,790
Facial DisfigurementLess severeA substantial disfigurement and significant psychological reaction£21,920 to £59,090
Leg InjuryLess serious (iii)Less serious tibia or fibula fractures or soft tissue injuries.Up to £14,450
Toe InjuryModerateStraightforward fractures or lacerations to one or more toes.Up to £11,720
Whiplash Tariff1+ whiplash injury and 1+ psychological injuryLasting between 18 and 24 months.£4,345
Whiplash Tariff1+ whiplash injuryLasting between 18 and 24 months.£4,215

The compensation amounts quoted in this table are based on guidelines from the Judicial College. The table does not include any special damages you may be eligible to claim. If you have been injured in a car accident, call Advice.co.uk and we can give you a personalised estimation of how much compensation you can claim for any injuries suffered.

Could I Claim For Costs Or Losses?

Many people who ask us, “What are my rights after a car accident?”, want to know if they can claim back their costs. If your personal injury claim for a car accident is successful, you will receive special damages. Special damages will reimburse you for any financial losses incurred as a result of your injury.

Special damages can include the following:

  • The cost of your car insurance excess fee.
  • Medical costs.
  • Travel costs.
  • Care costs.
  • Reimbursement for any lost income.
  • In the event that you have a car accident injury that leaves you with a disability, you can claim for the cost of any home adaptations, car adaptations or mobility equipment you may need.

For further guiding on how to make a claim after a car accident, or the compensation you could be awarded, you can contact our advisors.

Your Rights To The Other Drivers Details

If you want to know, “What are my rights in a car accident?” you should familiarise yourself with section 170 of the Road Traffic Act 1988. The act instructs drivers to stop their car or motor vehicle when a road traffic accident occurs and another party is involved. Or there has been damage done to a property. It is an offence to drive away from a car accident. If you are involved in a road traffic accident you should pull up at the nearest place where it is safe to do so and stop your car. If the accident has caused injury to a person or animal (such as a dog, horse or cattle), you and any other driver who is involved in the accident is legally obliged to do the following:

  1. Stop and stay at the scene of the accident for a reasonable time.
  2. Give the following details to anyone with reasonable grounds to ask for them: your name and address, your vehicle registration number, details of your car insurance provider.

If the police or emergency services arrive at the scene of the accident, you must cooperate with them. Your rights in a car accident include the right to receive necessary contact and insurance details from the other driver.

Your Right To Ask For Other Information

If you are involved in a car accident, you may wish to ask for further information. This is information that could be used as evidence to determine who was at fault and what damages were caused. What are your rights in a car accident to ask for other information from others? People such as witnesses to the car accident are not legally obliged to share information with you but many people will be willing to help.

  • If anyone, such as a passerby, witnessed the car accident, you may wish to ask them for their contact details. They may be able to provide a witness statement to help support your claim in the future.
  • If a pedestrian filmed the accident on their phone, you can ask them for a copy of the video.
  • If anyone has taken photographs that could be used as evidence to support your claim, you can ask them for a copy of the pictures.

What Are My Rights To Compensation If Injured In A Car Accident?

You might be wondering what laws on car accidents exist, and when you could claim compensation. Generally, car accident law actually refers to the rules and regulations found in the Highway Code and the Road Traffic Act 1988.

These two pieces of legislation must be upheld in order for road users to fulfil their duty of care. All road users owe one another a duty of care, and as such, have to make sure that they navigate the roads in a way that prevents causing harm to themselves or others.

When another road user fails to uphold this duty of care, and you are injured in a car accident as a result, then you may be able to make a road traffic accident claim. However, in order to form the basis of a valid claim, you have to be able to prove that:

  • You were owed a duty of care.
  • This duty was breached.
  • You were injured as a result. 

To learn more about your rights in a car accident, or to find out if you could be eligible to make a personal injury claim, get in touch with our team today.

What Do I Do If A Car Accident Is Not My Fault?

You may be wondering what to do if the car accident is not your fault. It may be hard to determine who is at fault at a scene of a car accident. Usually, a serious car accident will be investigated by the police who will determine fault. Whether you believe you are at fault or not please do not discuss fault at the scene of the car accident. We strongly recommend that you don’t say “I’m sorry,” or “that was my fault” to anyone else involved even if you are very upset. This could be taken as an admission of guilt and it could affect your right to claim compensation.

Similarly, we advise you not to sign any paperwork given to you by the other driver, their insurer or lawyer, without first consulting with your legal representative. If you do, you may agree that you are liable for any damages caused and lose your right to compensation. For free legal advice on whether or not you are eligible to claim compensation, call Advice.co.uk’s claims helpline.

What Are My Rights In A Car Accident With An Untraced Or Uninsured Driver?

An uninsured driver is a driver that does not have motor vehicle insurance. Driving without insurance is an offence. Similarly, an untraced driver is a driver that is involved in a car accident, drives away from the scene and is not identified at a later date. These drivers are also referred to as “hit and run” drivers. Unfortunately, compensation cannot be claimed from these drivers via their insurance if they injured you in a car accident. This may seem very unfair to many drivers or passengers who are injured by an uninsured or untraced driver.

Fortunately, your rights after a car accident are protected if you are hit by an uninsured or untraced driver. The Motor Insurance Bureau was set up to settle compensation payouts for people who have been injured in these circumstances. If our panel of No Win No Fee personal injury solicitors takes on your claim we can negotiate with the Motor Insurance Bureau to ensure you receive the optimum payout for your compensation claim.

What Should I Do If Injured In A Car Accident?

If you are involved in a car accident please take the following steps:

  1. Pullover and stop your car as soon as it is safe to do so.
  2. Switch off your engine and turn your hazard lights on to warn other drivers.
  3. Check to see if you or anyone travelling with you is injured. If you or someone else is seriously injured dial 999 for an ambulance.
  4. If the road is blocked or there is a serious injury dial 999 for the police.
  5. Share your contact details and insurance information with anyone else involved.
  6. Collect evidence to support your compensation claim. This includes taking photographs of the hazard that caused your injuries, any vehicle damage or any visible injuries that you have.

Please seek the appropriate medical care for your injuries soon after your accident (if you are not taken to hospital in an ambulance). Receiving medical care is important for making a full recovery. It is also important to have your injuries diagnosed and treated by a doctor. This means that there will be evidence of your injuries on your medical records.

Car Accident No Win No Fee Claims

Your rights in a car accident can include the right to claim compensation for injuries and other damages. If you are worried about upfront solicitor fees opt for a No Win No Fee solicitor. How does a No Win No Fee compensation claim work? You the claimant will sign up for a Conditional Fee Agreement. This means that instead of paying hourly or upfront legal fees, you will pay a success fee. The only time you are charged a success fee is if you are awarded compensation.

What are the advantages of using a No Win No Fee solicitor?

  1. You will not have to pay your solicitor upfront, which may make it the more affordable option for you. Instead, your solicitor will deduct your success fee from your compensation payout at a capped rate, only on the condition that you win.
  2. There is less financial risk involved. In the unlikely event that your compensation claim is not successful, your solicitor will not charge you a success fee.

For free legal advice about making a compensation claim, contact Advice.co.uk today. If we can see that you have legitimate grounds to claim compensation for an injury caused by a car accident, we will connect you with a suitable solicitor to work on your case.

Talk To Our Expert Team

We hope you have found this guide helpful and it has answered the question, “What are my rights in a car accident?”. If you have been injured in a car accident that was not your fault, contact Advice.co.uk using the details below. Call our helpline on 0161 696 9685.

More Information

For more free legal advice on claiming compensation for an injury caused in a road traffic accident, please feel free to read any of the guides below.

Hit And Run Accident Claims Guide – How To Claim Compensation For A Personal Injury Caused By A Hit And Run Accident

Advice On Mud On The Road Car Accident – No Win No Fee Claims

Anxiety After A Car Crash – How Do I Make A Personal Injury Compensation Claim? – Anxiety Car Accident Claims Guide

Other Car Accident Claim Guides

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