Snow And Ice Car Accidents – How To Claim Compensation

During the winter months, snow and ice on the road can cause a variety of hazards. Among these black ice can be one of the most dangerous. If you have been hurt in a snow and ice car accident, this guide will take you through the best way to claim compensation for your injuries.

Accidents can happen on the UK’s road network in poor weather conditions and when the temperature dips below zero, accidents can be much worse with people suffering more severe injuries. Whilst claiming compensation cannot take back what happened to you, it can help you to get the financial help and support you need to get back to normality.

From our experience, we know that a lot of accident victims, whether struggling with the effects of whiplash or other serious injuries, worry about money. You or a loved one may have had to take time off from work, meaning you have the added difficulty of a reduced income on top of expenses related to your injury.

This is where we can help. Our team of advisors are able to assess your case and can use a personal injury claims calculator to work out how much you may be entitled to claim in damages. To find out if you can make a claim and what you are eligible to, talk to our experts today.

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A Guide To Snow And Ice Car Accident Claims

snow and ice car accident claims guide

snow and ice car accident claims guide

Driving can become much more hazardous in winter as road conditions change and become worse. The dangers of snow and ice on the road include reducing drivers visibility and making the road surface much more slippery. Due to these conditions, drivers of any vehicle, as well as pedestrians walking on the street or crossing the road, are much more likely to have a snow or ice accident. However, road users and those responsible for maintaining roads do have a duty of care to react accordingly to changes in the weather. Simple steps which should be taken include;

  • Drivers adapting their driving style based on current weather conditions.
  • Highways England, local authorities and other relevant agencies enforcing necessary speed limits.
  • Road surfaces being prepared by gritting.

If you are making a claim for a car accident in snow, fault needs to be proven. We need to clearly see that another driver, a pedestrian, a local authority, or someone else was responsible for the accident and that it could have otherwise been prevented. In snow or ice accidents this might not always be easy to see. This is why having an experienced solicitor working on your case can be important.

Next, find out what a snow and ice car accident is.

What Are Snow And Ice Car Accidents?

Snow and ice car accidents are those which have happened during snow or icy conditions. The weather will have played a role in the accident happening, but there will be a party at fault from whom you can claim. As a note, we should also highlight that if you were travelling in a different vehicle, or were a pedestrian walking across the road, you could also make a snow and ice accident claim.

During poor weather conditions, such as snow, ice, and black ice, any road user has a duty of care to be more cautious. The authority responsible for affected highways also has a duty of care to prepare and maintain the road surfaces. At the bottom of this guide, you can find a link to the Driver and Vehicle Standards Agency guide to driving snow and ice.

If you have been injured in a snow or ice car accident our team can help you to make a personal injury claim.

How Much Can You Claim For Snow And Ice Car Accidents

It does not matter what circumstances in which an accident happened, nor what type of injury was suffered, one of the questions we are most frequently asked is, “how much can you claim?” Understandably with an effect on your health, your ability to work and the costs you have had to face, finances are probably at the top of your thoughts. Online there are lots of personal injury claim calculators available for you to check what you could claim. However, because settlements are based on your individual injuries, it is very difficult to estimate how much you can claim without having the facts of your case in front of us.

To help you see what you could claim, we have included the table below. Here we have taken example injuries and settlement figures from the latest Judicial College guidelines. These are used by solicitors and courts when estimating what you could claim after being injured in a car accident caused by ice and snow.

InjuryDetailsCompensation amount
Severe neck injury (ii) Severe disability caused by disc damage and fractures£61,710 to £122,860
Moderate neck injury (i) Injuries such as fractures or dislocations which cause severe immediate symptoms and which may necessitate spinal fusion.£23,460 to £36,120
Moderate back injury (i) Fractures of vertebrae causing osteoarthritis and chronic pain£26,050 to £36,390
Minor back injury (i) Soft tissue injuries with recovery expected within about two to five years.£7,410 to £11,730
Moderate shoulder injurySoft tissue injuries lasting 2 years.£7,410 to £11,980
Serious leg injury (iii) Serious compound or comminuted fractures or injuries to joints or ligaments resulting in instability, prolonged treatment. £36,790 to £51,460
Less serious leg injuriesFractures from which an incomplete recovery is made £16,860 to £26,050
Moderately severe brain damageBrain damage causing permanent disability£205,580 to £264,650
Less severe brain damageAltered cognitive function£14,380 to £40,410
Rib fractures and similar injuriesRib fracture or soft tissue injuryUp to £3,710
Less severe injuries Wrist injury that results in permanent injury due to persistent pain and stiffness£11,820 to £22,990
Forearm fractureSimple fracture of the forearm£6,190 to £18,020

For an accurate and up to date assessment of what you could claim for injuries such as whiplash, talk to a specialist solicitor today.

My Road Traffic Accident Was Caused By Snow Or Ice, What Can I Claim?

When you make a personal injury claim for a road traffic accident on ice or snow, you will generally be able to claim damages for the injury you suffered – general damages, and the wider financial costs you have faced – special damages. Examples of general damages are set out in the table above.

Special damages can be influenced by a number of factors. These may include, but are not limited to, the following:

  • The effect on your income and your ability to continue in your career.
  • The costs of medical treatment and care around the home if needed.
  • The cost of carrying out adaptations to your home or car.
  • Other related travel costs.

You can find out more about how personal injury claims are calculated in this guide.

Snow Or Ice Road Traffic Accidents And The Law

Under legislation such as the 1988 Road Traffic Act, road users have set duties of care and responsibilities to follow in the event of road traffic accidents.

    • By law, drivers must not leave the scene of an accident if anyone is injured, if there is damage to property or the road itself, or if an animal is injured in the road.
    • You must exchange insurance and personal details with any other parties involved

Questions such as does car insurance cover snow accidents will need to be dealt with through your insurance provider as this is a matter between insurer and customer.

What Are The Hidden Dangers Of Ice Or Snow On The Road?

Patches of black ice can be one of the biggest hidden dangers on the road during poor weather. Black ice is extremely difficult to spot and is very slippery. In a very short space of time, a road which was otherwise safe to drive on can become extremely dangerous. Local authorities have a responsibility to make sure the roads are gritted ahead of poor weather which can cause icy conditions or lead to the build-up of snow.

Who Is At Fault In A Black Ice Car Accident?

Do you need to make a black ice claim for a car accident? If so, you may be wondering about how black ice accident fault is determined. If the primary reason for your accident was a patch of black ice, you could be able to make a claim against the authority responsible for managing the road. In a black ice accident claim, the fault can be placed on the council or other authority as they are responsible for carrying out gritting on the roads. Patches of black ice can be used as evidence that the gritting process was not properly carried out.

What Changes Should You Make To Your Driving In Snow And Ice?

To help mitigate the risk of having a car accident in the snow in the UK, there are steps that you can take. In some cases, snow and ice car crashes can be avoided if drivers take the following precautions and adjust their driving style accordingly;

  • Clean and clear all windows of snow or ice before starting your journey.
  • Clean and clear ice or snow from your lights or number plates.
  • Maintain a longer distance between you and the car in front when driving.
  • Drive slower and in higher gears to help improve your control over the vehicle.
  • Speed up or slow down in a gentle way.
  • Try to only use the breaks in a straight line.

You can find further information on driving in bad weather in The Highway Code.

How To Identify Who Is Liable For Accidents In The Ice Or Snow

Whether you suffered whiplash in a car accident, or other injuries, one of the most important steps is to prove who is at fault. In this section, we look at identifying that person or body and in the next section, we focus on what responsibility the local authority has to keep the roads clear.

It is not always clear to see who was liable for the accident happening to you. As well as local authorities, drivers also have a responsibility to adjust how they drive in poor weather conditions. They show follow guidelines set out in the Highway Code and according to standards produced by the DVSA.

If another driver has failed to take the precautions necessary to avoid accidents they could be held responsible. Our team is experienced at determining liability in cases of car accidents caused by ice and snow. Talk to us today to discuss who could be responsible for your accident.

Local Authorities Responsibility For Clearing Highways And Pavements

The 1980 Highways Act states that the body responsible for maintaining a particular highway has responsibility for keeping the roadway safe and clear of hazards such as snow and ice. If the road was not cleared and this caused your accident, you may be able to claim against them. However, it may not necessarily be attributed to the council if they did not have enough time to react to the hazard if the weather or icy conditions had not been expected. If you had an icy car park accident, the owner or operator of the car park would be expected to be liable if it was caused by ice on the road surface.

What Effect Can The Weather Have On The Road And Accidents?

Poor weather conditions can have a big impact on the condition of the road you are driving on and how you should drive. Poor weather can also affect the number and severity of both car accidents and the resulting injuries. If the road is icy or if there is poor visibility, people can be more likely to have an accident if they do not change how they are driving. However, if people take precautions such as driving slower and more cautiously, there can correspondingly be a lesser chance of an accident happening or of it being serious. Poor weather conditions can also lead to many people postponing their journey, thus leading to fewer vehicles on the road. Cyclists and motorbike riders might also take other forms of transport which are safer.

Road Users Who Can Be Affected By Snow And Ice On the Roads

Car occupants are not the only road users who can be affected by or injured in a road accident caused by snow and ice. Other road users who could be injured include;

  • Cyclists and motorbike riders who can claim for bike accidents caused by ice on the road.
  • Pedestrians on the pavement, when crossing the road, or walking through a car park.
  • Occupants in other vehicles.

If you were injured in an accident involving a vehicle during snow or icy conditions, you could have suffered more serious injuries.

Whiplash In Snow And Ice Car Crashes

Whiplash injury

Whiplash injury

Do you need to make a whiplash car accident claim? In snow or icy conditions, you may need to react suddenly to things happening around you and have to brake harder or sharper than usual. Whilst this is not recommended by the Highway Code, it may have been necessary. Under heavy braking or in an accident your head and neck can be flung violently about causing stress to the surrounding and supporting tissues. The result of this can be whiplash. You can find out more about making a claim for whiplash in our comprehensive guide.

Accidents At Work Caused By Snow And Ice

Have you had an accident whilst driving a work vehicle in snow or icy weather conditions? If so, you may be able to make a personal injury claim against your employer. Whether or not your claim will be brought against them, another driver or the local authority will depend on where liability lies. If your employer acted in a negligent way, you may be able to claim compensation from them. A personal injury solicitor could provide you with advice on who to claim compensation from.

Accidents Caused By Other Drivers In Icy Conditions

If another driver was at fault and in some way caused or contributed to your accident it is likely that you will be able to claim compensation from them. Remember, you must exchange contact information and insurance details with them as soon as possible.

Time Limits To Make A Snow Or Ice Car Accident Claim

Is there a personal injury claims time limit I need to make my claim in?” This is another of our most frequently asked questions. How much time you have to make a claim, how long they take to conduct and how much you can claim are examples of the most common things we are asked.

As with estimating how much you can claim, it is difficult for us to say how long your claim will take. They can take from a few months in simpler cases to closer to three years in the rarest of cases.

You should note that you need to bring your claim within the applicable personal injury claim time limit. As this varies depending on the circumstances of your claim, we have included this table as a resource.

Type of claim / claimantLength of time limit. Applicable from date of accident or date of discovery of injury.
General personal injury claims and time limit.3 years.
Accidents involving children.From date of accident to the child's eighteenth birthday. Three years from this point for child to claim.
Accidents which have happened outside of the UK.Time limits are variable depending on accident type and jurisdiction.

How Do I Claim Compensation For My Accident?

In the event of a snow and ice car accident, there are several steps you can take to help your personal injury lawyer to conduct your claim. These are;

  • If you can do so in a safe way, take pictures of the accident, the damage to vehicles and injuries people have suffered.
  • Exchange your own contact details and details of your insurance policy with other parties involved.
  • Contact your insurance company. Tell them what has happened and find out if your car insurance covers snow accidents.
  • Make sure you and other people injured get any medical care needed. Keep records of these treatments.
  • Record details of expenses you incur
  • Contact a personal injury solicitor.

Following these steps, you can make a snow and ice car crash claim.

No Win No Fee Claims For Car Accidents Caused By Snow Or Ice

To take the financial pain out of making snow and ice car crash claims, we can offer you a no win no fee agreement. This means that if your claim is not successful, you will owe nothing to the solicitor. If you do win, they will deduct a ‘success fee’ from the settlement, before passing the rest on to you. This fee is limited by law and will be agreed upon at the start of your car accident ice or snow claim.

 

How Our Expert Team Of Advisors Can Help You

We hope that this guide has conveyed our expertise in snow and ice accident claims. However, we also think that our customer-focused approach, putting you at the heart of what we do, is just another of the many good reasons for making a claim with our panel of personal injury solicitors.

To begin your snow or black ice claim, follow the simple steps below.

Step OneStep TwoStep Three
Start the claims process by contacting our experts using the methods listed below.Our advisors will review your case and get in contact with you.If we think you have a valid claim, we will then be able to take your case on.

Call An Advisor Today

Now you have seen some of the dangers of snow and ice on the road, how personal injury claims are calculated and how much you can claim, you could be ready to start your snow and ice car accident claim. Our team can advise you on how to make a personal injury claim from anywhere in the UK and can connect you to one of our panel of personal injury solicitors handling car accident claims for injuries such as whiplash.

There are several ways you can get in touch with our team;

We will take down the details of your case, the accident you were involved in and how you were injured. Our advisor will then give you an assessment of your eligibility to make a claim. To find out more, talk to our experts today.

Advice For Victims Of Road Accidents

We understand that you may still have questions. Below you can find additional and related guides which could be helpful after being involved in a snow and ice car crash.

Car Accident Claims – A Comprehensive Guide
In this guide, you can find out more about how to claim compensation for a car accident in a variety of circumstances.

Passenger Car Accident Compensation Claims
If you have been injured in a car accident as a passenger, find out how to make a personal injury claim in this guide.

Driving In Snow And Ice
Advice from the Driver and Vehicle Standards Agency about how to drive in snow and icy conditions.

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