By Cat Grayson. Last Updated 26th June 2023. If you are involved in a car accident there are things that you are required to do by law. There are also steps you can take to ensure your safety and the safety of others. We will explain what to do when you get into a car accident in this guide. If you have been injured in a car accident that was not your fault, which caused an injury you may be eligible to claim compensation.
What should I do if I get injured in a car accident guide
If you have been injured in a car accident as a passenger, driver or pedestrian, we can provide free advice. Call Advice.co.uk today for your free personal injury claims consultation. If we can see that you have legitimate grounds to claim compensation our panel of solicitors will be assigned to start working on your claim right away.
For free legal advice and to begin your car accident compensation claim call Advice.co.uk on 0161 696 9685. Alternatively, write to us about your ordeal using our online compensation claims form. Or read on to learn more about what to do if you are injured as a result of a car accident.
Select A Section
- When Could I Claim Compensation For A Car Accident?
- Car Accident Special Damages Calculator
- What Is Considered An Injury In A Car Accident?
- How To Report Your Car Accident
- Do I Need Evidence To Claim Car Accident Compensation?
- Car Accident Compensation Time Limits
- No Win No Fee Claims If Injured In A Car Accident
- Contact Our Team To Find Out What Should I Do If I Get Injured In A Car Accident?
- More Information
When Could I Claim Compensation For A Car Accident?
If you have been injured in a car accident that was not your fault, you may be able to claim compensation for your physical and mental injuries In order to hold a valid personal injury claim you must meet the following criteria:
- You were owed a duty of care
- The duty of care was breached
- You sustained injuries as a direct consequence of this breach.
All drivers owe other road users a duty of care. Similarly, councils and highways agencies are responsible for maintaining roads and road safety equipment such as traffic lights. Can you claim compensation if you were injured in a car accident? If another party such as a driver or local authority acted negligently causing an accident, you may be eligible to claim compensation for any suffering caused.
To begin your claim call our helpline today for free legal advice about car accident compensation. Alternatively, use our live support widget or online compensation form to reach out to us.
Compensation For Car Accidents
A claim can either be made as a traditional personal injury claim or through the Whiplash Reform Programme, depending on the severity of your injuries. In this section, we look at how your car crash compensation could be valued.
There are two potential heads of claim: general damages and special damages. We look at special damages in more detail in the next section.
After you make a successful personal injury claim, you receive general damages to compensate for the physical pain and mental suffering caused by your injuries. Below, we look at the Whiplash Injury tariff and the Judicial College Guidelines (JCG). Both of these might be used to help assign value to your injuries.
Whiplash Reforms
If you suffer whiplash or another minor injury with an overall value of £5,000 or less your claim is likely to be made under the Whiplash Reform Programme.
Other eligibility criteria for using the portal includes:
- You must be the driver or passenger in a road traffic accident.
- You must be 18 or older.
- The overall value of the claim, including special damages, cannot exceed £10,000.
- The accident must have occurred on or after 31st May 2021.
If you suffered whiplash, this will be valued in accordance with the tariff amounts in the Whiplash Injury Regulations. However, if you suffer other minor injuries, such as a broken rib, your injuries may be valued based on the compensation brackets found in the JCG.
The Judicial College Guidelines
To help when valuing injuries, legal professionals use the JCG. This is a document that lists various injuries alongside corresponding compensation brackets.
Our table below contains figures for injuries you might suffer in a car crash from the JCG as well as figures from the Whiplash tariff. It is only to be used as guidance.
Injury | Severity | Details | Compensation Bracket |
---|---|---|---|
Severe Leg | Very Serious (ii) | This bracket includes injuries that result in permanent mobility problems. | £54,830 to £87,890 |
Brain/head Injury | Less severe | Although the claimant has made a good recovery, not all normal functioning would have returned, such as continuing problems with memory. The award considers severity of initial injury, continuing symptoms, personality changes and depression | £15,320 to £43,060 |
Hips and Pelvis | Moderate (i) | The claimant has suffered a significant injury but without a major permanent disability and little future risk. | £26,590 to £39,170 |
Face | Jaw Fractures (ii) | The claimant suffers permanent consequences from a serious fracture. | £17,960 to £30,490 |
Back | Moderate (ii) | This bracket contains many frequently encountered back injuries. It considers severity, pain levels, treatment requirements and symptom impact. | £12,510 to £27,760 |
Shoulder | Serious | In this bracket, the claimant will suffer pain and sensory problems with a shoulder dislocation and damage to the lower brachial plexus. | £12,770 to £19,200 |
Digestive System | Traumatic Injury Damage (iii) | The claimant has suffered damage from serious seat-belt pressure. | £6,610 to £12,590 |
Whiplash Tariff | The claimant suffers whiplash injuries along with a psychological injury with symptoms lasting longer than 18 months but no more than 2 years. | £4,345 | |
Whiplash Tariff | The claimant suffers symptoms from whiplash lasting longer than 18 months but no longer than 2 years. | £4,215 |
Once you are awarded compensation for a car accident, your claim cannot be reopened for any reason. Our advisors can help you decide which way is the best way for you to claim with a free claim valuation. Call them today to discuss compensation for a road traffic accident.
Car Accident Compensation – What Are Special Damages?
If your claim for car accident compensation is successful, your compensation payout will include two heads of claim. These are general damages as well as special damages. Therefore, general damages payout compensates the claimant for the pain, suffering and loss of amenity caused by their injuries. On the contrary, special damages payout compensates the injured person for any financial losses incurred because of their injuries.
Examples of special damages that can be claimed following a car accident include the following:
- Medical expenses
- Car repair expenses
- Replacement vehicle expenses
- Travel expenses
- Care expenses
- Reimbursement for any income lost.
In very serious cases where the claimant has suffered a permanent disability due to their injuries, they may be eligible to claim funds to cover mobility equipment expenses, rehabilitation expenses and/or home adaptation expenses. We can offer you free legal advice on what expenses you can claim.
What Is Considered An Injury In A Car Accident?
There are many ways that drivers, passengers, pedestrians, motorbike riders and cyclists can be injured in a car accident. Injuries caused by car accidents can include minor injuries which require medical treatment but are not urgent. Car accident injuries can also include severe life-changing injuries and life-threatening injuries.
An injury from a car accident can also include psychological injuries. For example, you may suffer with depression or anxiety after a car crash. How much compensation can you claim for anxiety after a car accident? This depends on the severity of your psychological injuries.
Clients often ask us, “What should I do if I get injured in a car accident?” If you or someone else have severe or life-threatening injuries that require emergency medical treatment dial 999 for an ambulance.
Common car accident injuries
Examples of injuries that can be caused by a car accident include the following:
- Whiplash
- Broken bones
- Fractures
- Head injuries
- Cuts and lacerations
- Internal bleeding.
You may be wondering, “Should I sue if I was injured in a car accident?” If the car accident was not your fault, you may be eligible to claim compensation for your injuries from the party responsible. You must be able to show using evidence that a third party who owed you a duty of care caused the accident. And as a consequence, you suffered harm.
Call Advice.co.uk today to speak to a claims advisor about beginning your car accident compensation claim.
How To Report Your Car Accident
All road traffic accidents that involve injuries to people or animals or property damage mean the driver must remain at the scene to exchange detail with whoever has a right to ask for them. This is part of the Road Traffic Act 1988. If a driver does not exchange details then they need to report the car accident to the police within 24 hours. How do you report a car accident to the police?
- If a car accident blocks the road, or someone is seriously injured dial 999 to contact the police and ambulance services. You must cooperate with the police and provide them with any information they need.
- Dial 101 to reach the police’s non-emergency number to report car accidents that are not serious.
- Report the car accident to the police in person at your local police station.
- Some police constabularies allow members of the public to report car accidents online. Check on the website for your local police department.
Do you have to report a minor car accident to the police in the UK?
If the accident meets the criteria to be reportable to the police, you should report it even if it seems minor to you. What happens if you don’t report an accident within 24 hours in the UK? It is very important that you report a car accident to the police within 24 hours if you never exchanged details with other drivers involved in the accident. If you fail to do so you may be prosecuted.
Generally, motor vehicle insurance providers usually require policyholders to report car accidents within 24 hours or 48 hours of it occurring. Check your policy to see how long you have to report your accident.
We will now look at what you should do if you get injured in a car accident. This will include collecting evidence to support your claim.
Do I Need Evidence To Claim Car Accident Compensation?
You may be eligible to claim compensation if you are injured in a car accident caused by another road user or the conditions of the road. At the scene of your accident, you can collect evidence to support your compensation claim. Try to collect evidence to prove the following. Firstly, what was the cause of your accident and secondly, evidence that the accident happened. Finally, collect evidence to prove that you were injured.
You can collect evidence using the following methods:
- Take photographs of the hazards that caused your accident, if applicable.
- Photograph your injuries if they are visible.
- Take photographs of any damage to your vehicle.
- Speak to people who witnessed the accident and ask for their contact details. They may be able to provide a witness statement to support your claim.
- If anyone has recorded a video of the accident on their phone, ask for a copy of the footage.
- Exchange contact details and insurance information with the drivers of the other vehicles involved in the accident.
- Record the brand, model, colour and registration number of the other vehicles involved in your injuries.
Seek Treatment For Your Injuries
An important thing to do if you get injured in a car accident, is to seek the appropriate medical treatment for your injuries. If you are seriously or critically injured dial 999 for an ambulance or go to a hospital Accident & Emergency department immediately. If you have suffered a minor injury you may need to visit an NHS walk-in centre or your local GP surgery. Inform your doctor that you were in a car accident so they can treat you correctly.
Going to a doctor if you are injured in a car crash, means that your injuries will be diagnosed. Therefore there will be evidence of your injuries in your medical records. This is essential if you wish to claim compensation for being injured in a car accident. Even if you have an injury such as whiplash that can get better on its own, it’s important to have your injuries assessed and diagnosed by a doctor.
Keep A Personal Diary
Keeping a personal diary of how your injuries progress can help. Making daily entries on how your injuries affect your daily life can help your lawyers value your claim. Write any pain you experience and record other effects of being injured.
Car Accident Compensation Time Limits
When claiming compensation for car accidents, claimants must ensure that they begin proceedings within the time limit. This time limit is set out by the Limitation Act 1980, which states that you generally have three years to start a claim, beginning on the date of your accident. However, the time limit may differ in certain circumstances.
For example, for those under the age of eighteen claiming compensation for a car accident, the time limit is frozen until your eighteenth birthday. From this date, it reinstates, and you will have until your twenty-first birthday to make a claim. While the time limit is frozen, a litigation friend could claim on your behalf.
If someone lacks the mental capacity to claim for themselves, then the time limit is suspended indefinitely. Should they recover the appropriate capacity, then the three-year time limit will reinstate on the date of their recovery; if not, then a litigation friend may claim on their behalf.
Contact our team of advisors today to learn more about claims for car accidents, compensation amounts, and how long you could have to start your claim.
No Win No Fee Claims If Injured In A Car Accident
If you were injured in a car accident, a solicitor from our panel may be able to help you claim car accident compensation. Our No Win No Fee panel offer their services through an arrangement known as a Conditional Fee Agreement (CFA).
Through this kind of agreement, you aren’t required to pay any upfront or ongoing service fees. Additionally, if your car accident compensation claim fails, then you will not be asked to pay a fee for their work.
However, should your claim succeed, then your solicitor will take a success fee directly from your compensation award. Success fees for solicitors working under CFAs are legally capped, which helps ensure that you receive the most of your settlement.
Our advisors are on hand to help if you’d like to find out if you could work with a solicitor from our panel. To start your free consultation, get in touch today.
Contact Our Team
Are you wondering what to do if you get injured in a car accident? If you have been injured because of a car accident that was not your fault, you may be owed compensation. Advice.co.uk can help you. Contact us today using the details below.
- Call us on 0161 696 9685
- Use the live chat feature
- Fill out our accident claims form
More Information
We hope that you have found this guide on what to do if you are injured in a car accident helpful. For more free advice on claiming compensation for a car accident, please feel free to read these guides.
- Read our guide for Advice On Mud On The Road Car Accidents and to learn more about the road traffic accident claims process
- If you were injured in a Snow And Ice Car Accident, our guide can offer more information on making a claim for compensation
- Find out to claim for Anxiety After A Car Crash and learn more about the duty of care road users owe each other
Other Car Accident Claim Guides
- Car Accident Claims
- Claim Compensation As A Passenger In A Car Accident
- HGV Accident Compensation
- Taxi And Minicab Accident Claim
- Learner Driver Car Accident
- What To Do After A Car Accident?
- Time Limit For A Car Accident Claim
- Proving A Car Accident Wasn’t Your Fault
- Time Limit On Car Accident Claims
- How To Report A Car Accident
- Car Insurance Excess Fees After An Accident
- Rights In A Car Accident
- What Should I Do If I’m Injured In A Car Accident?
- Who Pays The Excess Fees In A Rear End Car Accident?
- How Long Do You Have To Report A Car Accident?
- How Do You Prove Injuries Sustained In A Car Accident?
- Symptoms To Watch Out For After A Car Accident
- Can You Sue For A Car Accident With No Injuries?
- What Happens If You Get Injured In A Car Accident?
- Car Accident Injury Payouts
- Who Is Liable In A Multi Car Pile Up?
- Emergency Braking Bus Accident
- Can I Claim If A Car Accident Aggravated A Pre-existing Condition?
- How To Claim For An Accident During A Driving Lesson
External guides:
- Reporting road accidents to the police.
- Why do I need car insurance?
- How many road accidents on there on the road?
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Published by AL.