This guide will explain how you claim after a car accident. In the UK, the Road Traffic Act 1988 requires drivers to show other road users a duty of care. Therefore drivers must drive safely to prevent accidents. Furthermore, drivers must maintain their vehicles to a safe standard and protect other road users.
Consequently, if a driver acts negligently on the roads and causes a car accident, the car accident victims could potentially claim compensation for any injuries caused or damage to their vehicle.
What Accidents Can Take Place?
- Accidents which injure passengers in a car
- Car collisions
- Bus accidents
- Pedestrian accidents
- Cyclist accidents
- Motorbike accidents
- HGV accidents
The above list is not exhaustive, but what is key to identifying a valid car accident injury claim is if there was a liable party.
Call our advisors, and they can answer any questions about the personal injury claims process. Moreover, if you are eligible for compensation, our panel of solicitors can start working on your claim. So, please get in touch with us today to see if you can get started.
- Call our helpline on 0161 696 9685
- Contact us in writing via this web page
- Or ask us a question using the Live Support widget
Select A Section
- How Do I Make A Claim After A Car Accident?
- Car Accident Statistics
- What Steps Should I Take To Make A Claim After A Car Accident?
- Do Car Accident Claims Go To Court?
- Car Accident Claim Payouts
- Can I Make A Claim After A Car Accident With A No Win No Fee Solicitor?
As we have stated, road users owe each other a duty of care not to cause an accident that will result in damage. Also, highway agencies and local councils also owe road users a duty of care to ensure roads and public paths are in a safe state of repair. If this duty of care is breached and results in a car accident, then those affected could have the right to make a personal injury claim for the harm and damage caused.
On the 31st May 2021, a new law was introduced, The Whiplash Injury Regulation 2021, which now means that the way that occupants over the age of 18 make whiplash and soft tissue injury claims following a road traffic accident have changed.
The Official Injury Claim portal will be used under the Whiplash Reforms Programme; claims for whiplash injuries caused by road traffic accidents worth £1,000 – £5,000 will be settled through the government’s official claims portal.
Also, as part of The Whiplash Injury Regulation 2021, new lower tariffs on compensation will be awarded. For instance, for a whiplash injury or similar that will last more than 9 months but less than 12 months, £1,320 will be awarded in successful claims.
Please note that the Whiplash Reforms Programme does not apply to the following road users:
- Motorbike, scooter or moped riders
- Sidecar passengers
We can value your claim for a whiplash injury for free and advise on which process for making a whiplash injury claim you will need to follow.
Here is the number of car accident injuries, according to the reported road casualties 2021 (provisional results):
- 686 car occupants were killed in road traffic accidents in 2021, an 11% increase compared to 2020.
- 70,484 car occupants were injured in road traffic accidents in 2021, which is a 10% increase from 2020.
- An estimated 27,300 road users were killed or seriously injured in 2021. This is 13% less than the 2017 – 2019 average.
In order to make a personal injury claim for the harm caused in a car accident, it is important to gather evidence to prove liability. Your claim is only valid if a breach of duty took place and you suffered harm as a consequence. This is known as negligence. So you would need to show how another road user or party, such as the local authority, is liable for what happened.
Gather Evidence To Support Your Case
First and foremost, always ensure that if you or someone is injured, medical attention is sought. This may mean calling for an ambulance or visiting your nearest A and E department.
If it is safe to do so, or if you are injured, you can ask someone you trust to take the following details of any other road users involved in the incident:
- Full name
- Contact details
- Car registration number
- Insurance provider
Reporting The Accident
You might need to report the road traffic accident to the police, for instance, if someone failed to give you their details, if you failed to exchange your details, if someone is seriously injured, or if the incident is blocking the road.
You can collect the following evidence to be used during the car accident claim process:
- Make sure you seek the appropriate medical attention. This allows any injuries to be looked at and treated, but it also supplies evidence about what harm has been caused.
- Photographs of your injuries, the accident scene if safe to do so or damage to your bike or vehicle.
- CCTV or video footage of the accident, such as dash cam footage.
- Collect witnesses’ names and contact details, as these people could make a statement to support your claim.
The time limit to begin a personal injury claim after a car accident is normally three years from the date of the accident. So for free legal advice about claiming and to see if you can claim, please get in touch with us today.
Normally lawyers and insurers representing the claimant and the defendant will engage in the pre-action protocols. Both parties will try to settle out of court to avoid the expense and time-consuming nature of court proceedings. However, if the defendant denies liability, you may need to go to court to have your claim settled by a judge.
If you are wondering, “How do I make a claim after a car accident?” please call Advice.co.uk. A claims specialist can tell you if you have a valid reason to claim compensation. Moreover, we can value your claim accurately, so you know how much compensation you could claim.
If you make a successful road traffic accident claim, you could claim general damages for the pain, suffering, and loss of amenity your injuries caused. Moreover, you could claim special damages, which will compensate you for any unavoidable costs associated with your injuries, such as the cost of adapting your home if you become disabled.
How Much Could You Claim After A Car Accident?
How much compensation you receive in general damages will depend on the severity of your injuries and their ongoing effect on your quality of life.
The compensation amounts in the table are based on 16th-edition guidelines from the Judicial College. Please remember that the compensation brackets in the table are to advise you. If your claim succeeds, the final amount of compensation you receive may vary. You can call Advice.co.uk to receive advice on how much compensation you could claim.
|Nature Of The Injury
|Notes On This Injury
|The highest awards may be paid out if the person has limited ability to follow basic instructions and has some postural movement. There could be no or very little response to their environment.
|Very Severe (a) – £282,010 to £403,990
|The person could be left with physical or mental disabilities and could require constant care.
|Moderately Severe (b) – £219,070 to £282,010
|The person faces serious difficulties functioning in everyday life and is not likely to make any significant recovery.
|Severe (a) – £54,830 to £115,730
|Injuries Affecting Sight
|How much is awarded could depend on the age of the person impacted and the extent of cosmetic effects.
|Loss Of One Eye (d) – £54,830 to £65,710
|Injuries To The Chest
|Injury to the lungs and chest leaving the person with a degree of disability.
|(c) – £31,310 to £54,830
|The person could have a prolapsed spinal disc which requires surgery, damage to the intervertebral discs or a wide range of other injuries.
|Moderate (i) £27,760 to £38,780
|The bracket covers chronic injuries where there may be referred symptoms or where there are serious levels of soft tissue injury.
|Moderate (i) £24,990 to £38,490
|Injuries such as a dislocated shoulder.
|Serious (b) £12,770 to £19,200
|Amounts dependent on the severity of the fracture.
|£5,150 to £12,240
|Where it takes over 12 months to recover from a soft tissue injury or fracture.
|(d) £6,080 to £10,350
You could claim compensation if you were recently injured in a car accident because another party acted negligently on the roads. Advice.co.uk can help you in the following ways:
- Offer you free legal advice about claiming compensation.
- A skilled personal injury solicitor from our panel can handle your claim if another party owes you compensation.
- Moreover, your compensation claim can be handled as a No Win No Fee case.
Very often, a No Win No Fee solicitor will enter into a Conditional Fee Agreement with their client. Therefore no upfront payment is generally required, and no fee as the claim continues. If the case loses no fees to pay for the solicitor’s service. However, if the case is successful, a capped percentage is taken from the compensation awarded by the solicitor for their success fee.
- Dial 0161 696 9685 to speak with a claims advisor
- Contact us by filling out our online claims form
- Or web chat with an advisor now, using the Live Support Wiget
Car And Road Accident Claim Resources
The following online guides may be helpful if you wish to learn more about claiming compensation for a road traffic accident.
- £65,000 Compensation Payout For A Leg Injury Caused By A Car Accident
- £52,000 Compensation Payout For A Back Injury Caused By Car Accident
- Advice On Claims For An Accident Caused By Faulty Traffic Lights
- What Are My Rights If I’m Injured In A Bicycle Accident?
- Find out if you can make an MIB claim after an untraced driver has hit your car
- The Highway Code – Guidance and rules for road users.
- Legal obligations for drivers and riders – a government guide
- A guide to whiplash injuries – an NHS guide
Thank you for reading our car accident claims guide. We hope it has answered the question, “How do I make a claim after a car accident?”.