Last updated 7th December 2023. By Meg Moon. In this guide, we explore making a car accident injury claim with No Win No Fee solicitors.
We’ll explain the personal injury claims process, and how the Whiplash Reform Program might affect you. We also discuss time limits for starting a claim, as well as looking at the role of a litigation friend in some compensation claims.
Just below we look at the different types of damages that can be awarded in successful claims and provide a compensation table.
In addition, we explore split liability claims and why legal representation might be beneficial when negotiating split liability.
Our advisors can provide further guidance on car accident claims and how a personal injury solicitor could help if you get in touch using the following details:
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- How Could A Car Accident Solicitor Help?
- Who Could Make A Car Accident Injury Claim?
- Low-Value Car Accident Claims
- Can I Still Claim If I Wasn’t Wearing A Seatbelt?
- Examples Of Car Accident Injuries
- How Much Compensation Will I Get For A Car Accident Injury Claim?
- Get Advice On Making A Car Accident Injury Claim
If you are eligible to begin a car accident injury claim, you might benefit from instructing an expert solicitor from our panel to assist you in seeking car accident compensation.
They can offer services such as:
- Helping you gather evidence to support your claim.
- Ensuring your case is put forward within the relevant time limit.
- Sending important correspondence on your behalf.
- Keeping you updated on the progress of your claim.
- Helping you understand how car accident claims are valued and ensuring yours is valued correctly.
Additionally, they offer these services nationwide meaning you can work with one of the specialist car accident solicitors from our panel with with experience handling claims similar to your own, rather than focusing on location.
Call our advisors and have your case assessed for free. If they find you have valid grounds to proceed, they could connect you with an expert solicitor from our panel.
The Road Traffic Act 1988 and The Highway Code must be followed by road users to uphold their duty of care. The duty of care they owe is to prevent themselves and others from becoming harmed or experiencing damage while on the roads.
In order to have valid grounds to begin a car accident injury claim , you must meet the personal injury claims eligibility criteria. This is as follows:
- A duty of care was owed to you by another road user.
- A breach of this duty occurred.
- You suffered a physical and/or psychological harm in a car accident.
If you are wholly responsible for causing the accident you cannot make a claim for any injuries you have suffered. If you are partially at fault you could still make a car accident compensation claim as long as you can prove you share liability with another party.
Additionally, you could still claim if you were involved in an accident with an uninsured driver. Usually, if you were injured in a car accident because another driver breached their duty of care, you would claim against their insurance company.
However, this isn’t possible if the driver has no insurance. In these cases, you would claim through the Motor Insurers Bureau (MIB). The MIB helps those with no other way to seek compensation after an accident with an uninsured or untraceable driver.
One of the car accident solicitors from our panel could assist with claims made through the MIB as well as split liability claims.
What Is The Role Of A Litigation Friend?
A litigation friend might file a claim on the injured parties behalf if:
- They are under the age of 18.
- They lack the mental capacity to claim for themselves.
Typically, you have three years from the date of the injuriesto begin a personal injury claim under the Limitation Act 1980. However, if a litigation friend has not claimed on behalf of the injured party, they have three years:
- After they turn 18
- Or, if they recover from mental incapacity.
Call our team to find out whether you could be eligible to seek car accident compensation and how long you have to do so. An advisor can also provide further guidance on when it could be possible to make a car accident claim on behalf of someone else.
On 31st May 2021 the way certain low value car accident claims are made changed. The Whiplash Reform Programme implemented these changes which mean passengers and drivers over the age of 18 with injuries valued at £5,000 or less must claim in a different way. Also, whiplash injuries must be valued in accordance with the tariff set out in the Whiplash Injury Regulations 2021.
The changes that came into force impact how you make small injury claims. New set tariffs were introduced to help reduce insurance premiums. You are exempt from the reforms if:
- Your whiplash injury occurred prior to 31 May 2021
- You were a pedestrian
- A motorcyclist or a passenger
- A cyclist
- Your injuries are valued higher than £5,000
- You were under the age of 18.
As part of the changes, you must also be able to supply medical evidence of your injuries, so an independent medical assessment will be arranged for you.
Once your claim is settled, however, you cannot reopen it. This means that even if other car accident injuries appear, you will not be able to claim for them.
If you are making a car accident injury claim, you might want to speak to a No Win No Fee solicitor first. A solicitor can advise on your car accident compensation claim and even help you with arranging a medical examination.
Call our team for more information about claims for whiplash compensation following car accidents.
Under UK law, you must wear a seatbelt, unless you are exempt and can provide a medical certificate to prove this. However, you could still make a car accident injury claim, even if you weren’t wearing a seatbelt and this contributed to your injuries. This would be known as contributory negligence.
Under the Law Reform (Contributory Negligence) Act 1945, you are still entitled to make a car accident claim if you contributed to the injuries you sustained, such as by not wearing a seatbelt. However, your compensation may be reduced to reflect this proportion of negligence.
Damages awarded may also be reduced if:
- The liability is split. Car accidents where two or more parties share responsibility for causing the accident.
- Contributory negligence played a role. You are considered partially at fault for your injuries.
Split liability and contributory negligence claims could be made easier with help from experienced car accident solicitors. They could make the claims process seem easier and negotiate your split liability or contributory negligence award. Talk to our advisors about your car accident injury claim and if you have valid grounds to proceed, they could connect you with a specialist solicitor from our panel.
There are various ways a car accident could occur and different types of injuries that could be suffered as a result of a driver breaching their duty of care.
- A driver crashes into the back of you in a rear-end collision because they were distracted using their phone while driving. As a result, you sustain multiple soft tissue injuries, such as whiplash, as well as a back injury involving damage to the ligaments and muscles.
- The driver of a lorry fails to check it’s safe to change lanes when driving on the motorway. As a result, they crash into the side of you in a side-collision. This causes you to suffer a serious injury to your leg, and a traumatic amputation resulting in the complete loss of an arm.
- A driver operates their vehicle under the influence of alcohol. This means their reaction times are slower and they fail to stop at a cross junction in time. As a result, the driver of the other car suffers a serious head injury leading to brain damage.
- A car driver fails to stop at a set of red lights. This means they crash into the side of an oncoming vehicle causing the driver and passenger to sustain multiple injuries, such as crush injuries, chest injuries, and minor scarring.
Not all road traffic accidents will form the basis of a valid car accident claim. You must prove the injury you sustained resulted from another road user breaching their duty of care.
Call our team to discuss your specific case and find out whether you could have valid grounds to seek car accident compensation.
If you decide to claim compensation, your car accident injury claim could come with two heads; general damages and special damages. We provide further detail about each head below.
Physical injuries, along with any emotional distress they caused, are claimed for under general damages. If you choose to have a car accident solicitor represent your case, when estimating the value of your injuries they can refer to the Judicial College Guidelines (JCG). The JCG is a document that lists injuries alongside the guideline compensation bracket.
We’ve provided some guideline injury compensation amounts from the JCG in the table below, with the exception of the first entry. The table also includes figures from the tariff in the Whiplash Injury Regulations 2021. These are fixed amounts that are used to value whiplash injuries in whiplash claims.
|Guideline Compensation Brackets
|Multiple serious injuries with monetary losses
|Up to £1,000,000+
|A payout reflecting the physical and psychological impact of multiple serious injuries as well as the financial losses incurred as a result, such as lost income and care costs.
|Very severe brain damage
|£282,010 to £403,990
|The person shows little to no evidence of having a meaningful experience to their environment, has poor language function, double incontinence and requires nursing care full-time.
|Moderately severe brain damage
|£219,070 to £282,010
|Serious disability with dependence on others.
|Paralysis – Quadriplegia
|£324,600 to £403,990
|Upper and lower body paralysis with the award considering the presence of any respiratory issues, the person’s age, and any depression.
|Paralysis – Paraplegia
|£219,070 to £284,260
|Lower body paralysis with the award considering the presence of any pain and its severity, depression as well as the person’s age and life expectancy.
|Arm amputation – Loss of one arm (i)
|Not less than £137,160
|Amputation of one arm at the shoulder.
|Leg injuries – Amputation (iv)
|£97,980 to £132,990
|One leg amputated below the knee.
|Severe neck injuries (ii)
|£65,740 to £130,930
|Serious fractures or disc damage resulting in considerably severe disability.
|Moderate neck injuries (i)
|£24,990 to £38,490
|Serious soft tissue injuries to the neck and back, or fractures/dislocations that cause severe immediate symptoms where a spinal fusion may be required.
|Severe back injuries (iii)
|£38,780 to £69,730
|Disc lesions, fractures or soft tissue injuries resulting in chronic conditions that remain after treatment.
|Moderate back injuries (i)
|£27,760 to £38,780
|A compression or crush fracture affecting the lumbar vertebrae causing a significant risk of osteoarthritis as well as persisting discomfort and pain.
|Digestive system – Damage resulting from traumatic injuries (iii)
|£6,190 to £11,820
|Serious seatbelt pressure injury.
To recover costs incurred due to your injuries, you could claim under the special damages head. You must supply evidence of your costs, however, such as receipts.
Some examples of what you could recover include:
- Lost wages. If you miss work due to your injuries or to attend medical appointments, you could claim your loss of earnings.
- Cosmetic aids. This could include specialist makeup to conceal scars or even plastic surgery.
- Medical expenses. You could require a wheelchair, for example. The costs for any devices you rent or buy to cope with your injuries could be recovered.
Various factors can impact how much you can receive. For a personalised estimation of your potential car accident compensation, contact our advisors. They can assess your individual circumstances and provide an accurate estimate of what you could potentially receive.
If you would like to make a personal injury claim you might like to instruct a No Win No Fee solicitor. A No Win No Fee arrangement is a way to access the helpful services of a solicitor without upfront legal costs.
As part of a No Win No Fee service, you may be offered a Conditional Fee Agreement (CFA). This means that under a if your claim is successful, you will pay a legally capped percentage to the solicitor as their success fee. This will be taken from your compensation. If your claim is not successful, however, you do not pay this fee.
To discuss your potential car accident injury claim and seeking legal representation, contact our advisors today. They can also provide further guidance on split liability claims, contributory negligence claims and whiplash claims. Additionally, they can assess your case for free and you might be passed onto our panel of car accident solicitors if it’s found you have valid grounds.
To reach out to an advisor, you can:
Other Car Accident Claim Resources
Here are some more guides about road traffic accidents claims:
- A guide discussing how to claim as a passenger in a car accident for compensation and the steps you could take to build a strong case.
- As a pedestrian you can also make a claim if you are injured by a negligent vehicle or cycle on the road. If you’d like to learn how our panel of pedestrian accident solicitors could help you, this guide may prove useful.
- Information about seeking pedestrian accident compensation by making a road traffic accident claim.
- Find out whether you can sue for a car accident with no injuries with our helpful guide.
We have also provided some links that you might find useful:
- Motor Insurers’ Bureau – Information about checking insurance details of another road user.
- NHS – Advice about whiplash including symptoms and treatment.
- Highway Code – Rules about seatbelts for adults and children.
Thank you for reading our helpful guide about making a car accident injury claim. If you have any other questions, please contact an advisor on the number above.
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