This guide will explore how car accident claim solicitors could help you seek compensation for a personal injury, and when you could benefit from their services. If another driver has breached the duty of care they owed you, and this caused you harm, it may be possible for you to make a personal injury claim. We will explore the criteria for claiming in more detail as we move through our guide.
Additionally, our guide will take you through proving fault in a car accident by looking at some of the evidence you could gather to strengthen your case.
Furthermore, we will discuss a road users duty of care and how a breach of this could lead to a car accident in which you sustain harm.
You can also find information on what a car accident compensation settlement could consist of if your claim is successful.
This guide also contains information on the benefits of making your claim with a solicitor who offers their services under a type of No Win No Fee agreement.
Our team of advisers are on hand to help you with any questions you may have regarding your potential car accident claim. You can contact them via:
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- How To Claim With Car Accident Claim Solicitors
- Common Car Accidents Solicitors Could Help You Claim For
- How To Prove Fault In A Car Accident Claim
- Car Accident Claims Calculator
- Can I Use No Win No Fee Car Accident Claim Solicitors?
- Find Out More About Car Accident Claims
The Road Traffic Act 1988 sets out the duty of care road users have to ensure they prevent one another from experiencing harm by navigating the roads in a safe manner. The Highway Code contains both rules and recommendations on road safety. It is important to understand that the rules are backed by law, but the recommendations are not.
To make a personal injury claim following a car accident, you need to establish:
- You were owed a duty of care by another road user.
- There was a breach of their duty of care.
- This breach caused your injuries.
Our advisers can assess the validity of your claim and connect you with one of the car accident claim solicitors from our panel if they think your claim is valid. The solicitors from our panel can help with several aspects of the process involved in making a road accident claim, including helping you to gather evidence, building your case and valuing your potential settlement.
Split Liability Claims
You could still be entitled to compensation if you are deemed to be partially at fault for the accident. In this instance, you could make a split liability claim. However, your compensation will be reduced by the percentage you are to blame for the accident.
For example, you reverse out of your driveway without due care and attention, a driver across the road likewise reverses out of their driveway without looking behind them, and both vehicles collide, with both drivers sustaining reversing injuries. As both of the drivers failed to uphold the duty of care they owed one another, this could result in a split liability claim.
You can contact our team using the information above to find out if any exceptions apply to your particular claim.
According to road safety charity Brake’s UK collision and casualty statistics, there were 1,608 people killed and 26,701 people seriously injured on British Roads in 2021. Additionally, provisional data published by the Department of Transport shows that in 2022 there were 74,806 car occupant casualties.
Examples of different types of car accidents and the injuries that could be sustained as a result include:
- When turning right at a junction, a driver failed to look properly, resulting in a side-impact collision with your vehicle. This led to you sustaining a back injury.
- Due to bad weather, the roads are slippery. A driver travelling towards stationary traffic misjudges the stopping distance hitting your vehicle in a rear-shunt collision. As a result, you sustain whiplash.
- A driver fails to check their mirrors before overtaking, colliding with your vehicle head-on. This leads to you sustaining a head injury.
To discuss your specific case and find out whether one of the car accident claim solicitors from our panel could help you seek compensation, call an advisor on the number above.
In order to make a successful personal injury claim, you will need to prove that the other driver failed to uphold the duty of care they owed to you and that this breach caused you to be injured. This can be done through the provision of evidence.
Evidence can show how the accident happened and the extent and impact of your injuries on your life. Possible evidence you could collect is as follows:
- You can request a copy of any CCTV or dash cam footage.
- After you have received treatment, you can request copies of your medical records.
- Take the contact details of any witnesses to the accident so that their statements can be taken during the claims process.
- Any documents that show you incurred financial losses due to your injuries, such as travel tickets or receipts.
Our advisers could connect you with one of the car accident claim solicitors from our panel, who could assist with collecting evidence, provided you are eligible to claim. If you would like support with collecting evidence for your claim, or you have any queries regarding the types of evidence you could gather, you can reach our team using the contact information at the bottom of this page.
In the event of a successful claim, you will be awarded personal injury compensation. There are two heads of claim that can make up your settlement: general damages, for the physical and emotional impact of injuries, and then special damages for financial losses incurred due to your injuries.
The Judicial College Guidelines (JCG) is a publication that contains guideline compensation amounts for different injuries; some of which you will find below. Car accident claim solicitors can use the JCG alongside any medical evidence you provide to calculate the potential value of your injuries. As personal injury claims are calculated individually, the JCG figures in this table are a guide only.
Also included in this table are the fixed tariff amounts from the Whiplash Injury Regulations 2021, which are used to calculate the value of whiplash injuries.
|Neck||(a) Severe (iii)||Fractures or dislocations or severe soft tissue damage and/or ruptured tendons leading to significant disability.||£45,470 to £55,990|
|Chest||(a) Total removal of one lung and/or serious heart damage||Serious and prolonged pain and suffering and permanent significant scarring.||£100,670 to £150,110|
|Chest||(d) Relatively simple injury such as a single penetrating wound||Some permanent damage to tissues but with no significant effect on lung function in the long term.||£12,590 to £17,960|
|Shoulder||(c) Moderate||Frozen shoulder with limitation of movement and discomfort persisting for about two years.||£7,890 to £12,770|
|Hand||(g) Less Serious||Such as a severe crush injury resulting in significantly impaired function.||£14,450 to £29,000|
|Knee||(a) Severe (iii)||There may be continuing symptoms of pain, discomfort, limitation of movement or instability with risk of degenerative changes.||£26,190 to £43,460|
|Knee||(b) Moderate (i)||Injuries involving torn cartilage or a dislocation to the knee leading to minor instability, wasting, or another type of mild disability in the future.||£14,840 to £26,190|
|Ankle||(b) Severe||Injuries necessitating extensive treatment and/or a lengthy period in plaster where pins have been inserted with significant disability.||£31,310 to £50,060|
|Whiplash||One or more whiplash injuries||Symptoms lasting 15 months, but not more than 18 months.||£3,005|
|Whiplash||One or more whiplash injuries with one or more minor psychological harm.||Symptoms lasting 18 months, but not more than 24 months.||£4,345|
Any financial losses from your injuries could be reimbursed under special damages. So if your injuries render you unable to work while you recover, you could claim back your loss of earnings or any care costs you incur.
Remember to keep your payslips, invoices for domestic care, or any other documents that show monetary losses as evidence for your claim.
Will The Whiplash Reforms Affect My Claim?
The Whiplash Reform Programme brought in changes to how whiplash injuries are valued in road traffic claims, as well as the process for making a claim of this nature.
As such, drivers and passengers over 18 who have sustained injuries valued at £5,000 or less will need to make their claim using a different avenue. Also, as mentioned above, the value of whiplash injuries will be calculated using the tariff from the Whiplash Injury Regulations 2021. However, injuries not included in this tariff will be valued in the traditional way.
If you sustain other injuries that bring the total value of your claim over £5,000, then you will make your claim in the traditional way. However, your whiplash injuries will still be valued according to the fixed tariff.
If you are unsure whether the whiplash reforms will affect your claim or you would like more information about claiming for a whiplash injury with car accident claim solicitors, you can contact our advisors using the details below.
Our advisers can assess the validity of your claim and, if they consider you to have solid grounds to proceed, could connect you with one of the car accident claim solicitors from our panel, who can offer you a No Win No Fee contract known as a Conditional Fee Agreement or CFA.
There are considerable benefits to making your personal injury claim under a CFA. You will generally not have to pay the solicitor upfront fees for their services or any fees for their work as your case progresses.
In the event of a successful claim, your solicitor will take a percentage from your compensation amount as their success fee. Success fees are legally capped, so you will keep the majority of your settlement. You do not have to pay the success fee if your claim does not succeed.
For more information, you can contact our advisers via:
For more of our road traffic accident guides:
- Learn more about claiming for whiplash injuries when hit from behind by another vehicle.
- Find out about the potential value of your claim following a motorcycle accident.
- Read more about making a motor vehicle injury claim.
For more helpful resources:
- Think! – Advice for road users
- GOV.UK – Penalty points, fines and driving bans
- NHS – When to call 999
Thank you for reading this guide about how to claim with car accident claim solicitors, and how they could help. For more information, you can see any of the links above or contact our team of advisers with any questions regarding potentially making a claim.
Written by HC
Edited by MMI