By Stephen Kane. Last Updated 1st December 2023. 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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What To Do If You Are Injured In A Car Accident
Select A Section
- Am I Eligible To Claim If 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
- Related Car Accident Claims Guides
Am I Eligible To Claim If Injured In A Car Accident?
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 for an injury in a car accident, 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.
How To Claim Compensation If 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 car accident claim.
Evidence that could support an injury in a car accident claim could include:
- Photographs of the accident scene and your injuries.
- Any video footage available of the accident, such as dashcam footage or CCTV footage.
- The contact details of any witnesses who can provide a statement.
- Medical records that detail the severity of your injuries.
If a solicitor is supporting your claim for an injury in a car accident, then they can assist with gathering evidence and advise on the other steps to take to start your case. You can contact our advisors for free today about how to claim after being injured in a car accident. They can review your case and may connect you with a solicitor from our panel.
Car Accident Compensation Payouts
If you have been involved in a car accident, a compensation claim could be made for your injuries. The pain and suffering that your injury has caused you could be compensated with general damages. Using the figures listed in the 16th edition of the Judicial College Guidelines (JCG), we have created the following table. This is to help give you a clearer idea of how much you could be eligible for in general damages. Many legal professionals, such as solicitors, will use the JCG to help them value personal injury claims. This is because the JCG assigns compensation brackets to various mental and physical injuries at different severity levels.
We cannot tell you what the average compensation for a car accident in the UK is. This is because compensation is awarded on a case-by-case basis, and the various factors of your claim could affect how much you receive. Please also note that the first entry and final two entries in this table are not based on the JCG.
| 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. |
Special Damages
In a claim for injuries caused by a road traffic accident, general damages are awarded to you for the pain, suffering, and loss of amenity you endured. On top of the general damages you receive, you may also get ‘special damages’.
Special damages are awarded to claimants to reimburse their expenses as well as their losses. As such, proof of losses and expenses must be provided.
That said, you could claim the following in a successful car accident injury claim:
- Prescription costs, medical aids (crutches, walking sticks, wheelchair are examples) which you have to pay for
- The cost of attending hospital appointments, as well as getting to meetings with a solicitor. You can also claim parking fees
- The cost of paying for someone to care for you while you recover. You can claim care costs even when a family member or friend takes care of you
- Lost earnings for the time you are off work recovering
- Loss of potential income if your car accident injuries are so severe, you cannot go on working
A member of our team can discuss the sort of special damages you could claim with you. As such, please reach out to an adviser today.
Can I Claim Under The Whiplash Reform Programme?
If you were injured in a car accident, 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 through the government’s Official Injury Portal. Then, your compensation will be valued in line with the tariffs outlined by the Whiplash Injury Regulations 2021.
However, if you were injured in 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.
The Car Accident Claim Time Limit
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?
Make A No Win No Fee Claim If You Were Injured In A Car Accident
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.
Contact Us If You’ve Been Injured In A Car Accident
If you have any questions about making a claim if you’ve been injured in a car accident, or if you would like to begin a claim, please get in touch. You can reach an experienced adviser by:
- Calling 0161 696 9685
- Completing the contact form and an adviser will get back to you
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.
Related Car Accident Claims Guides
Below, you can find more useful resources on car accident claims.
- The Highway Code, road safety and vehicle rules
- Compulsory vehicle insurance
- Car Accident Claims
- Claim Compensation As A Passenger In A Car Accident
- HGV Accident Compensation
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