This is a guide exploring when you could be eligible to make a claim for a work van accident. The type of claim you make will depend on who was liable for your accident. In some cases, the liable party could be your employer if they breached the duty of care they owed you and this led to you experiencing harm. In other cases, the liable party could be another road user, if they caused you harm by failing to uphold the duty of care they owed you.
We will explore the legislation that outlines the duty of care both your employer and other road users owe in more detail throughout this guide.
Also, we will look at how they could breach this duty leading to an accident in which you sustain harm.
Furthermore, we will discuss the eligibility requirements for seeking personal injury compensation including the time limits for putting forward a claim. We will also look at the evidence you could provide to support your case and how a solicitor could help you with the different aspects of the claims process.
To learn more, you can contact an advisor using one of the options provided below. Our advisors can assess your claim and may pass you on to a solicitor if they find it’s valid.
Select A Section
- Advice On Claiming For A Work Van Accident
- What Injuries Could Be Sustained In A Work Vehicle Accident?
- How To Prove Liability For Your Accident
- How Much Compensation Could You Claim?
- Why Choose Our Team When For A Work Van Accident?
- Related Guides On Road Traffic Accident Claims
There are several criteria that you must meet in order to seek personal injury compensation for a van accident, including:
- Proving that you were owed a duty of care by a third party
- Showing this duty of care was breached
- Demonstrating that you experienced harm as a result of the breach. This is negligence, for which you could be eligible to make a personal injury claim.
When Could I Make A Road Traffic Accident Claim For A Work Van Accident?
The Road Traffic Act 1988 places a duty of care on road users to navigate the roads in a way that prevents themselves and others from experiencing harm while using the roads. Additionally, the Highway Code gives detailed guidance on the responsibilities each road user has.
If a road user fails to uphold their duty of care, it could lead to you experiencing harm in a work van accident. For example, an HGV driver may fail to check their mirrors before overtaking on a motorway which causes them to crash into the side of you. As a result, you experience multiple injuries, such as a neck injury and head injury.
You may be eligible to seek compensation for your injuries if you can prove they were caused by a road user not upholding their duty of care. However, it’s important to note that the way you make your claim may differ.
This is due to the implementation of the Whiplash Reform Programme which means adult passengers and drivers with injuries valued at less than £5,000 will claim in a different way. Additionally, the value of whiplash related injuries will be calculated using the tariff outlined in the Whiplash Injury Regulations 2021.
If the total value of your injuries is above £5,000, you will claim the traditional way. Also, if any of your injuries are not included in the tariff, they will be valued traditionally.
Could I Claim Against My Employer?
In some cases, you may be able to claim against your employer if they were liable for your work van accident. For example, your employer being aware of a fault with the vehicle and advising you to drive it anyway, may lead to you sustaining injuries in an accident.
To learn more about whether you could be eligible to seek personal injury compensation and the way you would need to make your claim, get in touch on the number above.
If you are involved in a work van accident, the injuries you could sustain can vary in severity and type. For example:
- Fractures and broken bones, such as a broken leg injury and knee injury
- Head injuries, including brain injuries
- Neck and back injuries, including damage to the spinal cord
- Amputations, including traumatic and surgical
You may also experience psychological harm such as anxiety, depression or stress.
If you are successful in making a personal injury claim, you could be eligible to seek compensation which addresses the way in which your injuries have impacted your quality of life.
In order to build a strong claim, acquiring and providing evidence can help. Potential types of evidence you could gather include:
- Dashcam footage.
- Photographs of the accident and your injuries.
- A diary of your symptoms which can illustrate the physical or psychological damage caused.
- Medical records which can provide details on the type of injury you sustained and the treatment you received.
- Witness contact details.
Additionally, whilst it’s not mandatory, it may benefit you to seek legal help. A solicitor can help you collate your evidence and present your case in full.
For more information about working with a solicitor and the services they could offer, you can get in touch using the details provided above.
Following a successful work van accident claim, you could receive up to two heads of claim within your settlement.
The primary head is known as general damages and accounts for the pain and suffering that has been afflicted by the injury. The severity of the impact on your life can influence the amount of compensation you receive, alongside other factors, such as the treatment you required and your recovery period.
In addition, solicitors can use the Judicial College Guidelines (JCG) to help them value your injuries. This document contains different types of injuries which have corresponding compensation brackets. We have used some of these to create the table below.
All claims are different though, so you should use the JCG figures as a guide. The last two entries in the table, however, are from the whiplash tariff and are fixed amounts.
|Very Severe Brain Injury
|£282,010 to £403,990
|The person is injured to the extent of needing full-time care. They also show little, if any, evidence of a meaningful response to their environment.
|Moderate Brain Injury (i)
|£150,110 to £219,070
|There is an intellectual deficit that is moderate to severe as well as an impact on the senses and personality.
|Severe Back Injuries (ii)
|£74,160 to £88,430
|Cases with special features including nerve root damage alongside other issues such as loss of sensation and mobility impairment.
|Arm Amputation (i)
|Not less than £137,160
|One arm is lost and is amputated at the shoulder.
|£96,160 to £109,650
|One hand is completely or effectively lost. Includes cases where the hand is crushed and surgically amputated.
|Severe Neck Injuries (iii)
|£45,470 to £55,990
|Injuries that result in fractures causing chronic conditions and a significant disability that is permanent.
|Serious Shoulder Injuries
|£12,770 to £19,200
|Dislocation and damage to the lower brachial plexus causing shoulder and neck pain.
|£219,070 to £284,260
|Cases of paraplegia are included in this bracket.
|One or more whiplash injuries with one or more psychological injuries of a minor nature
|Symptoms persist for 18-24 months.
|One or multiple whiplash injuries
|Symptoms persist for 18-24 months.
Further Payouts You Could Be Eligible To Claim
The other head of claim you could receive as part of your settlement is special damages. Special damages compensates for the financial losses incurred as a result of your injury. For example, you could claim back the cost of:
- Travel, such as to and from medical appointments.
- Medical expenses, such as prescriptions.
- Lost income due to needing time off work to recover from your injuries.
You need to provide evidence of these losses, including receipts, payslips and invoices.
For more information on the compensation you could receive following a successful claim, get in touch using the number above.
No Win No Fee is an umbrella term for different types of arrangements. One in particular that our panel of solicitors can offer their services under is called a Conditional Fee Agreement (CFA).
When working with a solicitor under a CFA, you typically won’t need to pay for their services upfront, during the course of the claim or if the claim fails.
At the end of a successful claim, you will be charged a success fee. This is taken from your compensation but is legally capped by the Conditional Fee Agreements Order 2013, which means you can’t get overcharged.
Get In Touch With Our Team For More Advice
If you want more information about the process of making a work van accident claim, you can speak to one of our advisors for free today. They can answer any questions you may have pertaining to your potential case. To get in touch, you can:
Below, we have provided more of our guides that could help you:
- A guide on snow and ice car accidents
- Learner driver car accident guide
- Fatal car accident claims guide
Additionally, we have provided additional external resources that you might find helpful:
For more information on when you could be eligible to make a work van accident claim, get in touch with an advisor via the details provided above.
Page by WD
Published by NL