By Stephen Kane. Last Updated 23rd February 2024. If you have been injured in a car accident, you could be entitled to compensation.
In this guide, we’ll explore the eligibility criteria surrounding car accident claims. We’ll also discuss potential compensation payouts, No Win No Fee agreements and the personal injury claims time limit.
However, we appreciate that you may prefer to speak with someone about your case. If so, we can help with that too.
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Select A Section
- What Happens If You Get Injured In A Car Accident?
- How To Claim Compensation If Injured In A Car Accident
- Car Accident Compensation Payouts
- The Car Accident Claim Time Limit
- Make A No Win No Fee Claim If You Were Injured In A Car Accident
- Learn More About What Happens If You Get Injured In A Car Accident
If you are injured in a car accident or damage is sustained, you should make sure you exchange the required details with other parties involved and seek the medical attention you need for your injuries. You can also gather evidence to support your potential claim.
However, not all car accidents will result in a valid claim. First, you must meet the personal injury claims criteria.
When Could You Be Eligible To Make A Claim?
All road users owe each other a duty of care to use the roads in a manner that avoids causing harm or damage to themselves or others. To uphold this duty, they should adhere to the Road Traffic Act 1988 and the rules and regulations set out in the Highway Code.
To make a personal injury claim, you have to be able to be able to prove that:
- You were owed a duty of care
- This duty of care was breached
- This breach caused your injuries
We’ll discuss the evidence that you could use to support your claim if you were injured in a car accident later on in this guide.
Contact our advisors today for free to learn more about your eligibility to claim for an injury in a car accident. They can offer more information, and can evaluate your claim for free.
If you make a successful car accident compensation claim, your compensation could consist of two parts. The first is general damages, which is awarded to all successful claimants.
General damages cover the pain and suffering you endure because of your injuries, as well as the way your injuries affect your life. Those who value this head of claim may refer to the Judicial College Guidelines (JCG) for help.
The JCG provides guideline compensation brackets for different injuries, and we’ve provided some examples of these in the table below. However, please note that these are not guaranteed amounts, and that the first entry in this table is not taken from the JCG.
Additionally, the last two entries of this table have been taken from the fixed tariff within the Whiplash Injury Regulations 2021. We will discuss how these may apply to your claim in a later section.
Guideline Compensation Brackets
Injury Details Amount
Multiple Serious Injuries Plus Special Damages Your compensation payout could cover you for multiple serious injuries you've sustained in a car accident, as well as special damages such as loss of earnings. Up to £500,000+
Less Severe Brain Damage The person will be able to partake in normal working and social life following a good recovery, However, they may still suffer with some memory and concentration issues. £15,320 to £43,060
Moderate Leg Injury (iv) Severe crushing injuries to one limb or multiple fractures could lead to awards in this bracket. The award would be determined based on the treatment undertaken, the risk of the claimant needing more surgery, and the effect on the claimant’s life. £27,760 to £39,200
Moderate Pelvis and Hip Injury (i) The person suffers with a significant hip or pelvis injury. However, the risks and disability are not major. £26,590 to £39,170
Wrist Injury Claimant suffers a significant injury resulting in a permanent disability. However, the wrist does retain some useful movement. £24,500 to £39,170
Moderate Neck Injury (i) Claimants may suffer fractures or dislocations causing severe pain. The injury may require spinal fusion. £24,990 to £38,490
Moderate Back Injury (ii) Backache caused by the ligaments and muscles in the back being disturbed. £12,510 to £27,760
Arm Injury Simple fractures to the forearm/s £6,610 to £19,200
Whiplash Injuries (One Or More) £4,215 Symptoms lasting 18-24 months.
Whiplash Injuries Accompanied By Minor Psychological Injuries (One Or More) £3,100 Symptoms lasting 15-18 months.
Could I Claim Special Damages?
After general damages, your claim could also include special damages. Under this heading, you are compensated for the financial losses caused by your injuries.
For example, if you suffered a severe soft tissue injury or internal injuries due to someone else’s reckless driving, you may need to take time off work to recover. If this lead you to lose out on earnings, you could potentially claim them back under special damages.
This heading could also help you cover the cost of:
- Mobility aids.
However, if you want to claim for losses under this heading, you need to have enough evidence. It can be helpful to keep any relevant documents, such as receipts, bills, or bank statements for this reason.
To learn more about claiming car accident compensation, contact our team of advisors today. Or, read on to find out how a No Win No Fee solicitor could help you if you were involved in an accident.
Can I Claim Under The Whiplash Reform Programme?
You may need to make your claim through the Whiplash Reform Programme. In May 2021, the way some car accident claims are made changed with the introduction of the Whiplash Reform Programme.
These changes state that now, any driver or passenger aged 18 or over with injuries valued at £5,000 or less must make their claim a different way. Then, your compensation will be valued in line with the tariffs outlined by the Whiplash Injury Regulations 2021.
However, following a car accident, we still recommend seeking help from a legal professional before making your claim.
A solicitor can help make sure that all areas of your claim are fully valued and considered, so you know for sure if the total of your injuries could surmount the limit introduced by the reforms.
For more information on how a solicitor could help you claim for an injury in a car accident, contact our team of advisors today. If they find that your claim is valid, they could connect you with one of the solicitors from our panel. Get in touch with our team today to learn more.
There is a car accident claim time limit that applies to cases of this nature. These limits are set out in the Limitation Act 1980. If you wait too long to begin, your case could be ‘time barred’, meaning you cannot claim.
The time limits are:
- 3 years from the date of injury
- When you are injured but are under 18 years of age, a family member or a friend can claim on your behalf. If no claim is made you have from your 18th birthday to your 21st to start a claim.
When an injured party is not able to make legal decisions because they lack the mental capacity to do so, there is no time limit attached to the claim. However, once they make a recovery, the time limit would run from the date of their recovery. In short, they have 3 years from that date to start a personal injury claim.
Because the time limit to making personal injury claims varies, it is far wiser to seek the advice of an experienced personal injury lawyer sooner rather than later.
So if you’ve been injured in a car accident, why not speak to us today?
When you get in touch with one of our experienced and friendly advisers, we will review your claim. If you’ve been injured in a car accident through no fault of your own, we could connect you with a quality No Win No Fee solicitor.
You will be sent a Conditional Fee Agreement (CFA) to sign and return to the solicitor who agrees to represent you. The solicitor can then begin working on your case without asking you to pay any upfront payments. in short, you don’t pay an upfront fee, and you don’t pay ongoing fees when you sign a No Win No Fee agreement.
The contract between a No Win No Fee lawyer and the claimant sets out the following:
- What you should expect of the solicitor
- The Terms and Conditions
- The ‘success fee‘ is capped and payable when you win your claim
- The fact you will not pay the solicitor if your claim is unsuccessful
To speak to a member of our team and to find out whether you can make a No Win No Fee car accident injury claim, please call an adviser today.
If you have any questions about making a claim, or if you would like to begin a claim, please get in touch. You can reach an experienced adviser by:
We will provide free advice and once we have reviewed your claim, we will put you in touch with a No Win No Fee lawyer.
Below, you can find more useful resources on car accident claims.
- Car Accident Claims
- Claim Compensation As A Passenger In A Car Accident
- HGV Accident Compensation
- Find out how much you can claim in a one-way street car crash
- This guide will help you understand whether you could use a car accident claims calculator in order to figure out what you’re owed
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