A Guide To Making Car Accident Claims

By Cat Stardew. Last Updated 1st June 2023. If you’ve been injured while driving your vehicle through no fault of your own, you may be interested in our guide on car accident claims.

Below, you can learn your legal rights when it comes to claiming compensation after a road traffic accident.

Whether you were a passenger at the time or the driver yourself, you may find that there are No Win No Fee road traffic accident solicitors ready to help you restore balance in your life, as well as help you to recover compensation for your injuries and financial losses.

We can support you with a car accident claim today. You can get free advice from us now by:

  • Calling 0161 696 9685
  • Speaking with us now via our live chat
  • Or write to us about your case via our contact page

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Car Accident Injury Claims – Who Is Eligible To Claim?

Car accident claims

Car accident claims

If you have been injured in a car accident, you could be eligible for compensation. However, you will need to prove that you suffered your injury due to another road user breaching their duty of care.

All road users owe a duty of care. As part of their duty of care, they must follow the rules and obligations expected of them that are stated in the Road Traffic Act 1988 and the Highway Code. This is to promote road safety and minimise the risk of accidents occurring.

If another driver were to breach their duty of care, this could cause you to become injured in a car accident. Later in this guide, we will explore some of the injuries you could suffer should you be involved in a road traffic accident. Additionally, we will explore some of the potential compensation you could receive for a successful claim depending on your injury.

Contact one of our friendly advisors today to receive free legal advice regarding car accident injury claims. Additionally, you could discuss your specific claim with them. If they believe that you may be eligible for compensation, they could connect you with our panel of solicitors, who could help you with your claim.

Injured In A Car Accident – Claim Time Limits

There is a set time limit for when you must start a compensation claim. In a claim for negligence, your time limit will generally be set at 3 years from the date of your accident and injury.

This time limit does not apply to groups of people who cannot start a claim for themselves. A minor, for example, will only be able to represent themselves in a claim when they turn 18; this is when the 3-year time limit will apply to them.

A claim for a minor that was injured in a car accident could either:

  • Be started at any time before the minor turns 18, by an appointed litigation friend who would act as their official representative
  • Be started in the 3 years following the minor’s 18th birthday, by the claimant themselves

If someone does not have the mental capacity to pursue a car accident personal injury claim, a similar exception is in place. Their claim can be started at any point by a litigation friend, or it must be started within three years of when they are deemed capable of representing themselves.

More information about this can be found in the Limitation Act 1980.

You can always reach out to one of our advisers for free information about car injury claims, or to receive direct answers for your questions. Otherwise, you can read on to see examples of car accident compensation amounts that may be relevant to your claim.

Car Accidents And Compensation Claims – What Evidence Do You Need?

When people are injured in car accidents, compensation being awarded can often depend on the evidence that you have. There are a few different forms of evidence you can gather to help support your claim.

Here are a few examples:

  • Video footage – Your accident may have been captured on CCTV or even a dashcam. It’s advised to make a request for this footage as soon as is deemed reasonably possible, as it may otherwise be deleted.
  • Photographs – It can be helpful to have photographic evidence of your injuries, and possibly even of the scene of the accident.
  • Witness contact details – If there were others who saw how you were injured, they may be willing to submit a written statement to help support your claim. Making sure you have a way of contacting them so they can do so may be important.
  • Medical evidence – The extent of your injuries and any required treatment will be contained in this official documentation, amongst other important information.

Get in touch for more examples of evidence you could acquire and gather. We also have helpful information on other subjects such as car accident injury compensation amounts and examples of an average payout for a car accident in the UK.

Fatal car accident claims

Fatal car accidents are extremely distressing for everyone involved, especially the family of the deceased. If your loved one died in a car crash, you may be able to claim compensation on their behalf. You can also claim for loss of protection, care and companionship. If you were financially dependent on the person that has passed away, this will be taken into account and reflected in the car crash compensation payouts awarded.

Car accident involving children what to do?

We have lots of experience in car accident claims, even those involving child victims. If your child has been involved in a car accident, you can claim on their behalf as their parent or guardian. Alternatively, your child has the option to claim themselves once they turn 18. They will then have three years to do so from the date of their 18th birthday.

Hit An Run Insurance Claim – Am I Still Owed Compensation?

If you are injured in a hit-and-run, depending on who is at fault will determine if you can make a personal injury claim. If the hit and run driver is at fault for the accident even though they are untraceable or uninsured, then you can still make a hit and run claim; however, instead of claiming through their insurance, you could make your claim through the Motor Insurers’ Bureau (MIB).

If you are wondering how much compensation you could get for being hit by a car in the UK, our team can help. Get in touch today to start your free consultation.

The most common types of car accident injuries

One type of injury sustained by people in a car accident is whiplash. If you’ve suffered whiplash in a road traffic accident, you may need to claim through the Whiplash Reform Programme. This is discussed in further detail later in this guide.

Other examples of injuries you could sustain in a car accident include:

As we’ve said you could be able to make a claim for compensation if a negligent party was liable for injuries you suffered in a car accident. To claim compensation, you may be required to present evidence of the extent of your injuries, or evidence of how your injuries have affected you.

Please reach out to one of our advisers if you would like to learn more about claims for car accidents or for injury compensation rates relevant to you. They offer free advice and consultations about your specific case.

Car Accident Compensation Amounts

With car accident claims, you may be wondering how much you could be awarded. The amount that is awarded for the pain and suffering you experience is known as general damages. The value of this payment can depend on factors such as the extent/length of your recovery period, as well as how severe the injury was in the first place.

Due to the number of considerations with each claim, legal professionals will often make use of a variety of resources to assist them in calculating an appropriate amount. The figures in the table below have been taken from one of these helpful materials. It’s a publication called the Judicial College Guidelines (JCG).

The JCG was last updated in 2022, and this is the edition from which we have included the figures in the table. They should give you an idea of how much certain injuries can be worth, but the amounts shown are only guidelines. The amount you stand to receive needs to be calculated after taking your specific circumstances into account.

Severe neck injuries (i)The highest payout is awarded if you have incomplete paraplegia or you have sustained permanent spastic quadriparesis. In the region of £148,330
Severe foot injuriesBoth feet or heels have suffered fractures, which causes permanent pain and restricts mobility.£41,970 to £70,030
Severe knee injuries (ii)A leg fracture that has extended into the knee joint and limits movement and causes constant pain.£52,120 to £69,730
Elbow injuriesa severely disabling elbow injury.£39,170 to £54,830
Moderate leg injuries (iv)Multiple or complicated fractures, or a crush injury to a single leg.£27,760 to £39,200
Less severe arm injuriesDespite suffering from significant disabilities a significant recovery will have been made.£19,200 to £39,170
Minor back injuries (i)A full recovery from a minor back injury, such as a sprain or strain, takes place within 2-5 years.£7,890 to £12,510
Wrist injuriesAn uncomplicated Colles' injury.In the region of £7,430
Minor whiplash injuryWhiplash tariff£4,345
Minor whiplash injuryWhiplash tariff£4,215

Special Damages For A Car Accident Injury Claim

You could also be awarded special damages as part of your car crash compensation. This head of claim compensates you for the financial losses your injuries have caused you.

For example, if you need to take time off work to recover from your injuries, you could potentially claim back the earnings you lose. Special damages can also help you recoup the cost of:

  •   Prescriptions and over-the-counter medication.
  •   Domestic help.
  •   Childcare.
  •   Essential travel.
  •   Mobility aids.

You need to provide evidence of these losses to be able to claim special damages as part of your car accident injury claim. For example, this could include bank statements, bills and invoices, and receipts.

To learn more about claiming compensation after a car accident and how personal injury claim solicitors could help you, we recommend contacting our team of advisors today.

Payouts For Whiplash

If your car accident injury claim is valued at £5,000 or lower, you will have to claim through the Whiplash Reform Programme. This is done by accessing a government portal. However, in order to claim payouts for whiplash in this way, you must also adhere to the following criteria:

  • A road traffic accident in England or Wales
  • A driver or passenger (aged 18 or over) being injured
  • An accident that took place on or after 31st May 2021

If you do not meet these criteria, your claim will need to be made in the traditional way.

If you are claiming through the Whiplash Reform Programme, your compensation will be awarded according to the whiplash payout scale in the Whiplash Injury Regulations 2021.

Get in touch today for more information on car accident compensation amounts.

No Win No Fee car accident claims

One of the major benefits of the services we offer is that we operate on a No Win No Fee basis for our clients. If you are wondering what this means, we will be glad to explain.

Simply put, if we fail to secure you with compensation for the injuries you sustained, you won’t need to pay for our services. This means you only need to pay once you have compensation to cover any legal fees.

This makes a massive difference, as there is no financial risk associated with using our services. Instead, you can be safe in the knowledge that you will never find yourself in the awful situation of having a massive legal bill in the wake of a fruitless claim. This also means that any valid claimants can launch car accident claims, irrespective of their current monetary situation.

For more information on how our panel of personal injury lawyers could help get you the car accident compensation you deserve, please contact our team today.

Why choose us as your claims service for your car accident claim?

We know that it can be difficult to decide on the best personal injury firm for you. After all, there are many different options to choose from today. Nevertheless, we promise to deliver a first-class service to a standard that you will not find anywhere else.

We have experience spanning several years in the industry, having worked on hundreds of personal injury cases before. We truly believe we are the best car accident claim company you will find. You can be sure that we will have secured compensation for many personal injury victims that experienced a similar accident to you, giving you great peace of mind.

You can also be certain that we will always put your needs first. We are not a heartless business that is merely focused on making a profit. We want to make a difference. We take each case personally and we work hard to ensure that you always get the maximum amount of compensation possible. We work efficiently and effectively, ensuring you have the ability to focus solely on your recovery.

Call for free advice and to start a claim

Legal Helpline is a Claims Management Company and could help with your claim. Getting in touch with us is easy. All you need to do is dial 0161 696 9685. You will speak to one of our experienced and friendly advisors. They will reveal what is involved in the car accident claim process, give you a realistic assessment of your case, and answer any queries you have. There’s really no easier way to get started on making a claim.

Helpful links

GOV – If you’ve been in an accident

This link takes you to the UK Government website, where you will find information on what to do if you are in a car accident. This also includes details on driving abroad, uninsured vehicles, and driving without insurance.

GOV – Accident and safety stats

Here you will find plenty of information regarding official road accident and safety statistics in the UK. The majority of the statistics are based on police reports.

The Road Traffic Act

For more information regarding the Road Traffic Act 1998, including any changes to the legislation, check out this link.

We hope this car accident claims guide has been helpful for you. If you would like to speak to an advisor about matters related to these kinds of claims, then you can get in touch with Legal Helpline by using the contact information found within this guide.