By Danielle Fletcher. Last Updated 5th October 2022. If you have been injured in a car accident that was not your fault, you could be entitled to bring about a compensation claim. You could claim for physical, mental and financial harm. However, in order to do so, you need to be able to provide proof to back up your claim. This raises the question; In order to hold a valid claim, it is not enough just to prove you are not at fault. You must be able to demonstrate that a third party who owed you a duty of care failed in their responsibilities. This will have lead to you suffering harm.
Please read on, and also consider contacting us for free legal advice. If you would like to ask more questions and to find out how you could start a compensation claim, use the information below. If you would like to contact our advisors, call 0161 696 9685, or fill in this contact form to have them call you back. Alternatively, you could also use the live chat feature of our website at the bottom of this page to talk to our advice team.
Select A Section
- What To Do When You Have A Car Accident
- Calculate Compensation For Injuries From A Car Accident
- How To Prove Pain, Suffering And Expenses From A Car Accident
- What Are Injuries From A Car Accident?
- What Is Considered Fault In A Car Accident?
- How Could The Highway Code Help?
- What Medical Evidence Will Help You Prove Injuries From A Car Accident?
- Other Evidence Which Can Support Your Claim
- How To Prove You Have A Whiplash Injury
- No Win No Fee Claims For Injuries From A Car Accident
- Contact A Car Accident Claims Specialist
- More Information On Making A Successful Car Accident Claim
If you have injuries, such as a broken leg or anxiety after a car crash, you may wonder what to do next. We would recommend first ensuring that any injured party receives sufficient medical attention.
If the car accident injury was due to a third party’s negligence, you may be able to make a road traffic accident claim. The Road Traffic Act 1988 sets out the duty of care road users owe to each other. The Highway Code sets out further guidelines for road users. If another road user were found to have breached their duty of care to behave in a way that reduces the risk of injury to others, and you were injured as a result, this would be third-party negligence.
In this guide, we look at what to do when you have a car accident. We include sections on what evidence could support a car injury claim, including evidencing your car accident injury and proving third-party negligence caused it. Additionally, we look at examples of injuries after a car accident and explain what else you could claim for.
If you have any questions about what to do when you have a car accident, call our advisors.
Calculating the compensation you could be entitled to for injuries resulting from a car accident is an important part of the process of making a personal injury claim. It is quite an involved process where the different forms of damage that have been done to you and your quality of life are quantified. This is done in order to reach an amount that appropriately reflects the harm that was done to you.
The table below demonstrates bracket guidelines courtesy of the Judicial College Guidelines. The JCG is a document solicitors may use when applying monetary figures to injuries. Note that this table only serves as a rough indicator of the amounts of money you could be entitled to receive. Plus, it is just one part of the settlement. For a more detailed explanation of how calculating compensation works, see the section below. Alternatively, call our team of advisors.
|£96,160 to £109,650
|Amputation of foot
|£83,960 to £109,650
|Likely to exceed £104,830
|Less facial scars
|£17,960 to £48,420
|£30,490 to £45,540
|£23,810 to £36,740
|£5,150 to £12,240
There are different types of damages that are included in a successful compensation claim. They can be split roughly into two different types, general damages and special damages. We will explain what these are and how they are calculated in the section below.
General damages is the term used to refer to the compensation that is awarded for the injury itself. Also, its direct effects on your physical and mental health. The amount you could receive in general damages is worked out by assigning financial values to things like your length of recovery. The extent of long-lasting issues, the extent of disfigurement and the extent of mental or emotional trauma by the accident will also be considered.
Special damages is the term used to refer to the compensation that could be awarded for the financial losses and the financial costs caused by the injury. An injury could cause your financial situation to be affected in a number of different ways. These losses and expenses could be paid back in compensation. You can provide supporting evidence for them. In the sections below we will explain what types of damages could be claimed under special damages. It will show how to prove them.
Most of the medical treatment that will be provided will be acquired on the NHS. If you have to pay for treatment that is not available on the NHS you could ask to be reimbursed.
Loss of earnings
You could miss out on the full amount of your normal income because of having to take time off work and thus being only entitled to your nominal sick pay amounts. This could be a permanent situation if you are left with a disability that permanently prevents you from returning to work at all. Or prevents you from returning to work at the same pay rate. You may also lose out on bonuses that you might have otherwise attained if you suffer an injury that causes you to take time off work. Keep examples of your payslips and attendance records in order to provide evidence for this type of special damages claim.
Injuries can prevent you from being able to drive. This could cause extra costs as you are forced to pay for the use of public transport. You could be entitled to claim back the money you spend on using public transport if you keep hold of your tickets and receipts as evidence.
Money spent on cancelled plans
An injury could prevent you from being able to go through with your plans, such as weddings, holidays and so on. If you had already spent money on plans that you were not able to go through with, you could be entitled to claim back the losses in compensation. You must be able to provide receipts and/or other paperwork as proof.
A car accident is a serious incident and it carries with it a very significant risk of serious injury. Between the years 2017 and 2019 statistics show that 43% of people involved in road traffic accidents had to be treated in A&E. Overall during 2019, 25,945 people injured in road traffic accidents reported to the police suffered severe injuries. In total 153, 158 casualties of all services were suffered.
Nevertheless, all of the different types of injuries could potentially be grounds for making a compensation claim. Minor injuries, like cuts and bruises, might be on the lower end of the scale, but injuries involving the crushing of limbs, burns, or any other type of injuries that requires A&E treatment could be grounds for making a personal injury claim. For more information on the statistics for different types of injuries resulting from car accidents, you can see this official government report for the years 2019.
Fault, or liability, in a car accident, is when someone is found, as a result of information and evidence presented, to be legally responsible for causing the road traffic accident through their negligence. If someone is found to be liable in a compensation claim, they could be made to pay compensation to their victim through their insurance policy. Paying out compensation in the event that the driver is found to be responsible for causing an accident is one of the reasons why drivers should have car insurance.
A driver could be found liable if they have been proven to have caused an accident through negligent or dangerous driving. Or through having violated the law or the highway code. Examples of this could include driving over the speed limit, driving the wrong way down the motorway, or driving on worn-out tyres.
In other cases, other bodies could be found to be at fault and therefore liable. If the accident was caused by bad road conditions rather than by a driver, you could be entitled to make a claim against the body that was responsible for that road. This is provided that you could produce evidence. The body you would claim against would be either the local council or the national body for motorway maintenance in the country where the accident occurred. Examples of failures that could make these authorities liable could include; potholes, ice, or a lack of proper working street lighting.
The manner and conduct of a person driving are outlined by the detailed regulations contained in the Highway Code. The Highway Code explains what the correct method of driving is. This includes the amount of space drivers should leave between themselves and other vehicles. These regulations are intended to keep people safe while driving and to prevent reckless driving that could cause injuries.
Being in violation of the Highways Code could cause an accident. This means that if you can provide evidence that the other party was in violation of the Highways Code when the accident occurred, you could have a good chance of being able to prove them liable. In turn, you may be awarded compensation for any harm suffered. If you would like to have a look at the regulations contained in the Highways Code for yourself, then you can read through the text of the code here.
One of the most important piece of evidence you can provide in a personal injury claim case is the evidence supporting the existence of your injuries. Also, the fact that they were caused by a car accident. This will almost always be a report from a medical examination carried out by a doctor. You would be invited to see a medical specialist as part of your personal injury claim.
You should always seek out medical attention if you have been injured in a car accident. Seeking medical attention not only provides you with a better chance of getting treatment to aid your recovery, but it also builds a medical record that serves as solid evidence of your injury.
Medical evidence shows the exact extent of your injuries, including ones that may not have been immediately noticeable. It also shows details such as a prognosis for your recovery, and a timeline for how long you have had to wait to recover. Also, how long you have had to endure the symptoms of an injury. All of this allows you and your lawyer to calculate the value of your injury with the greatest possible accuracy. Thus maximizing the amount of compensation you could be entitled to receive.
Even before you have made the first steps towards making a claim you could take measures to start gathering evidence to support your claim in the moments following the accident if you are not too seriously injured. The evidence you could begin to gather for yourself could include; gathering the name, contact details of the driver who crashed into you, the names and contact details of witnesses who might be willing to provide statements as evidence and taking photos of the scene of the accident, the damage to your car and, if applicable, the road fault that caused the accident.
In most case where an accident that causes significant damage to the vehicles and injuries to the road users involved, the police will attend the scene meaning that there will be an official record of the crash occurring. If a person who is involved in a road traffic accident that causes injury or damage they must provide details to others who have a valid reason to ask for them. If they do not, they must report the accident to the police within 24 hours.
Once you have collected as much evidence as you can we always advise seeking legal assistance. If you call our advisors there is no obligation to go any further. They will offer you a chance to have your case assessed for free. In this consultation, you can ask questions and have your evidence reviewed. If they can see that compensation is likely they can offer to connect you with a personal injury solicitor.
One of the most common types of injury to occur in a road traffic accident, and one that people very commonly claim for is whiplash. Whiplash is painful, but rarely life-threatening. It is an injury to the soft tissues of the neck. Whiplash is caused by the head being jerked back and forth by the impact of a car collision. This results in the tendons and ligaments of the neck being pulled, overstretched and damaged. It is effectively the same kind of injury that occurs in the wrist or ankle when they become strained, only in the neck. It can cause pain, nausea, dizziness, difficulty turning or moving the head, and pain when swallowing and talking. See this guide on the NHS website for more information on whiplash injury.
Despite its distinctive symptoms, you will still need more proof than your own word in order to be able to make a successful compensation claim for a whiplash injury. The best and probably only way of providing evidence is the report from a doctor. If you have suffered a whiplash injury, the first thing you should do if at all possible is to see a doctor. This will of course offer you the best chance of having your symptoms diagnosed, and it will also provide you with the medical record you need to ensure that you have proof to support your claim.
Many claimants who want a legal specialist to represent their case are worried about the financial risk involved. Also, many do not have the funds to pay for a solicitor upfront. If this is the case for you why not work with a No Win No Fee solicitor.
No Win No Fee, means that you would make an agreement with your solicitor that you would not be charged an upfront fee. Nor would you be charged for making a claim that was ultimately unsuccessful. Instead, you would only be liable for paying your solicitor’s legal fees out of your compensation, and that would only be if you win the case and are awarded compensation in the first place. This would be at a capped rate.
For more advice or to see if you have grounds to make a personal injury claim why not call our advisors today. Thye can speak with you 24 hours a day and 7 days a week.
Whiplash claims calculator – Here you will find more information on how to calculate compensation for a personal injury claim.
Car accident claims – This guide will talk you through the stages of making a personal injury claim after a car accident.
Car accident anxiety claims – Do you have anxiety following a road traffic accident? This guide will provide information on whether you can make a claim for it.
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Published by AL.