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.
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- What Is A Car Accident Injury Claim?
- Who Could Make A Car Accident Injury Claim
- Low-Value Car Accident Claims
- Can I Still Claim If I Wasn’t Wearing A Seatbelt?
- How Much Compensation Will I Get For A Car Accident Injury Claim?
- Get Advice On Making A Car Accident Injury Claim
If you have been injured in a car accident, caused by the negligence of another road user or a third party you might be able to pursue a car accident injury claim. A solicitor could make the claims process seem easier when making a car accident injury claim.
The law changed on 31st May 2021 for those who are injured inside a vehicle and are over the age of 18. The Whiplash Injury Regulations 2021 was introduced. For these claimants, if their injuries do not exceed the value of £5000 they will need to make their claim through a government online portal. There are exceptions for cases made through the Motor Insurer’s Bureau MIB when injured through the action of the uninsured or untraceable.
Cyclists, motorbike riders, those under the age of 18 and pedestrians will continue to use the traditional method of claiming if injured in a car accident.
Call our advisors and have your case assessed for free. Injuries you may think were not claimable might mean you pursue your case in the normal way. Our advisors are available with free legal advice.
How Many Car Crashes Happen A Year In The UK?
The year ending June 2021 saw 119,850 road user casualties on British roads as reported by the Department for Transport. We have provided a chart below to illustrate this. These figures are provisional.
You do not need to be driving the car, or even in the car to file a car accident injury claim. The key to being eligible to make a personal injury claim following a car accident is proving another party was liable for the incident. 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 personal injury claim as long as you can prove you share liability with another party.
What Is The Role Of A Litigation Friend?
A litigation friend might file a claim on your behalf if:
- The injuries occurred before you turned 18
- You were left mentally incapacitated by your injuries.
Typically, you have three years after the injuries become apparent to begin a personal injury claim under the Limitation Act 1980. However, if a litigation friend has not claimed on your behalf, you have three years:
- After you turn 18
- Or, if you recover from incapacity.
On 31st May 2021 the way you claim whiplash compensation changed. The Whiplash Injury Regulations 2021 (WRR) came into force, which impacts how you make small injury claims. New set tariffs were introduced to help reduce insurance premiums.
You are exempt from the WRR 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.
Once your claim is settled, however, you cannot reopen it. This means that even if other 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 lawyer can advise on your claim and even help you with the medical evidence to strengthen your claim.
Our advisors can discuss your injuries and estimate their value.
You could still make a car accident injury claim, even if you weren’t wearing a seatbelt. However, under the Law Reform (Contributory Negligence) Act 1945 it may be deemed that you contributed to your injuries by not wearing the seatbelt. This means that your injuries are considered partially your own fault. Your compensation may be reduced to reflect this proportion of negligence.
Under UK law, you must wear a seatbelt, unless you are exempt and can provide a medical certificate to prove this.
Damages awarded may 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 may be considered partially at fault for your injuries if you are not wearing a seatbelt.
Split liability and contributory negligence claims may involve some level of negotiation. No Win No Fee solicitors could make the claims process seem easier and negotiate your split liability award. Talk to our advisors about your contributory negligence car accident injury claim.
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. When estimating the value of your injuries, solicitors refer to the Judicial College Guidelines (JCG). The JCG is a document that lists injuries alongside the potential compensation bracket. We’ve provided some examples in the table below.
|Moderately severe brain damage||£205,580 to £264,650||Serious disability with dependence on others.|
|Moderate post traumatic stress disorder||£7,680 to £21,730||Recovered but may experience some effects that are not grossly disabling.|
|Digestive system traumatic injuries (iii)||£6,190 to £11,820||Serious seatbelt pressure injury.|
|Severe neck injuries (ii)||£61,710 to £122,860||Serious fractures or disc damage resulting in considerably severe disability.|
|Severe back injuries (iii)||£36,390 to £65,440||Disc lesions, fractures or soft tissue injuries resulting in chronic conditions that remain after treatment.|
|Moderate shoulder injuries||£7,410 to £11,980||Limited movement and discomfort persisting for about two years.|
|Moderate pelvis and hips injuries (i)||£24,950 to £36,770||Significant injury but no major permanent disability with little future risk.|
|Leg injuries (iv)||£91,950 to £124,800||One leg amputated below the knee.|
|Significant facial scarring||£8,550 to £28,240||Plastic surgery reduces the appearance of scars with a minor or reduced over time psychological impact.|
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 devices. 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 claim. For a personalised estimation of your potential compensation, contact our advisors.
If you would like to make a personal claim you might like to hire a No Win No Fee solicitor. A No Win No Fee arrangement is a way to hire legal representation without upfront solicitors fees.
As part of a No Win No Fee service, you may be offered a Conditional Fee Agreement (CFA). This means that under a No Win No Fee arrangement if your claim is successful, you will pay a legally capped success fee. This will be taken from your award. If your claim is not successful, however, you do not pay a solicitors’ fee.
To discuss your potential car accident injury claim, contact our advisors today. They could discuss split liability claims. Personalised examples of special damages you could include in your claim could be discussed, as well as an estimate of your potential compensation. If your claim seems eligible, you might be passed onto our panel of personal injury solicitors.
For free legal advice:
Other Car Accident Claim Resources
We have provided some links that you might find useful:
And some more guides about making a car accident injury claim:
- How To Claim as a Passenger in a Car Accident for Compensation
- Pedestrian Accident Compensation Claim
- Can You Sue For a Car Accident With No Injuries
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