In this article, we’ll discuss how footage of a road traffic accident caught on a dashcam could be used as evidence for a claim when it shows another road user was at fault. A dashcam is a small electronic device that sits on a vehicle’s dashboard. It can capture footage of road traffic accidents which could help to strengthen your case.
This article will also explain other important information, such as the eligibility criteria that must be met in order to seek personal injury compensation and the time limits you must consider. It will also provide information on the whiplash reforms and how these may impact the avenue you take to seek compensation.
Additionally, we will look at the duty of care owed by road users and examples of road traffic accidents and the subsequent injuries they could cause if this duty of care is not upheld.
We’ll also discuss how a No Win No Fee solicitor from our panel could help you through the different stages of the claims process, including assisting you in gathering evidence to support your case.
To learn more, read on. You can also contact our team of advisors if you want to speak to someone directly about the process of claiming for a motor vehicle injury. For more information, you can:
Select A Section
- How Do I Claim For A Road Traffic Accident Caught On A Dashcam?
- What Kind Of Road Traffic Accident Could Be Caught On A Dashcam?
- Other Evidence That Could Support Road Traffic Accident Claims
- What Could I Claim For A Road Accident Caught On A Dashcam?
- Talk To Legal Helpline About A Road Accident Claim
- Learn More About Claiming For Traffic Accidents
The Road Traffic Act 1988 establishes that road users owe one another a duty of care while using the roads. Effectively, this means that road users must operate in a way that prevents them from causing harm to themselves and other road users. In addition, the Highway Code, provides guidance and rules for road users, including pedestrians, cyclists, motorcyclists and drivers. Some of the rules are backed up elsewhere in legislation.
You may be able to make a road traffic accident claim when you can show the incident involved negligence. Establishing negligence involves determining the following:
- A road user owed you a duty of care.
- This duty of care was breached.
- As a result of this breach, you were injured.
If your road traffic accident is caught on a dashcam, the footage can be used to help establish that a breach of duty causing harm occurred.
Could The Whiplash Reforms Affect My Claim?
In May 2021, the Whiplash Reform Programme changed how certain road traffic accident claims are made. As such, adult drivers and passengers with soft tissue or whiplash injuries valued under £5,000 must make their claims a different way. Additionally, the value of any whiplash injuries will be calculated using the tariff that is set out in the Whiplash Injury Regulations 2021.
If additional injuries take their claim value over £5,000, they may begin their claim by traditional means. Any additional injuries not included in the tariff would also be valued traditionally. However, the tariff would still apply to any whiplash injuries.
Road Traffic Accident Claim Time Limits
This time limit has exceptions. For instance, children or individuals who do not have the mental capacity to claim will have the 3-year time limit suspended. The courts may appoint a suitable person to act as a litigation friend on behalf of someone who cannot claim for themselves while the time limit is paused.
For children, the time limit will start from the date they turn 18. From this point, they will have three years to begin their own claim if one hasn’t already been made for them.
In cases where an individual regains their mental capacity, they will have three years from the recovery date to start their own claim, provided this hasn’t already been done for them.
Speak to our advisors to learn more about the personal injury claims time limit and its exceptions. They can also provide further guidance on when you could be eligible to seek compensation and which avenue you could take to do so.
The following kinds of traffic accidents could be caught on a dashcam:
- Bus accident: A bus driver may fail to stop at a red light causing them to crash into an oncoming vehicle turning right at a junction. As a result, the driver of the vehicle may experience a severe head injury and neck injury.
- Taxi accident: Another driver may fail to check their mirrors when overtaking causing them to crash into the side of a taxi. As a result, both the passenger and driver sustain severe injuries to their back.
- HGV accident: A lorry driver may fail to signal before overtaking on the motorway. As a result, they crash into a van driver causing both road users serious injuries.
Contact our team if you have questions about your particular accident as they can offer guidance on whether you could be eligible to seek compensation for your injuries.
In addition to dashcam footage, car accident claims could also benefit from other pieces of evidence that help to establish whether another road user breached their duty of care causing you injuries. For instance, you could provide:
- Contact details for anyone who witnessed the accident
- Footage captured by nearby CCTV cameras
- Photographs of your vehicle
- Photographs of your injuries
- Copies of your medical records
- A police report
If our advisors feel that your claim is valid, they may be able to pass you onto one of the solicitors on our panel. They have a great deal of experience with the different stages of the claims process. As such, they could help you with locating and gathering evidence. Find out more by contacting our team today.
Road traffic accident compensation can address the harm caused by your injuries and the financial damage that occurred as a result of the road traffic accident.
General damages compensate you for the pain and suffering your injuries caused. When calculating how much compensation you could receive for your injuries, a solicitor will usually refer to the Judicial College Guidelines (JCG) for assistance. This document contains compensation brackets for different types of injuries.
We’ve provided a table below that contains some of these brackets. However, please recall these come from a document that is used as a guide, not a definitive statement on how much compensation a person could receive. The JCG cannot account for all the personal circumstances that will be considered when valuing your claim.
However, the final two entries are from the tariff found in the Whiplash Injury Regulations 2021. Please be aware that these are fixed amounts and are not to be used as a guide.
|Injury Type||Compensation Bracket Guidelines||Severity||More Notes|
|Brain/Head Injury||£282,010 to £403,990||Very Severe||Claimant has little to no language function, requires full-time nursing care, and shows little to no response to the environment.|
|Brain/Head Injury||£219,070 to £282,010||Moderately Severe||Claimant is very seriously disabled. They have a substantial dependence on others and require constant care.|
|Paralysis Injury||£219,070 to £284,260||Paraplegia||Factors such as the person's age, life expectancy and the psychological impact it has had on them will be considered when determining the award.|
|Neck Injury||In the region of £148,330||Severe (i)||Injury resulting in spastic quadriparesis that is permanent.|
|Arm Amputation||Not less than £137,160||Loss Of One Arm (i)||One arm amputated at the shoulder.|
|Other Arm Injury||£96,160 to £130,930||Severe||Injuries that fall short of amputation but leave the claimant little better off than if the arm had been lost. This can include a brachial plexus injury that is serious.|
|Chest Injury||£65,740 to £100,670||Traumatic Injury||Traumatic injury to the chest, lung(s) and/or heart causing permanent damage and leading to impaired function and a reduced life expectancy.|
|Knee Injury||£69,730 to £96,210||Severe (i)||Serious injury that involves disruption of the joint, osteoarthritis, gross damage to the ligament, and other issues.|
|Whiplash Injury||£4,345||One or More Minor Psychological Injuries and One or More Whiplash Injuries||These injuries last for longer than 18 months, but no longer than 24.|
|Whiplash Injury||£3,100||One or More Minor Psychological Injuries and One or More Whiplash Injuries||These injuries last for longer than 15 months, but no longer than 18.|
Are There Other Ways You May Be Compensated?
A second head of claim called special damages could help you recoup the financial losses you experienced due to your injuries. For instance, this may include monetary losses such as:
- Medical costs, such as the cost of prescription medication and physiotherapy sessions required for your rehabilitation.
- Loss of earnings, if you required time off work either permanently or temporarily.
- Travel costs, such as for taxis or buses to and from medical appointments.
Evidence is required to claim these costs back, including receipts, payslips and travel tickets.
For more information on the compensation you could receive after making a successful road traffic accident claim, get in touch on the number above.
You may find it helpful to seek assistance from one of the No Win No Fee solicitors on our panel. These professionals can work with you under the terms of a Conditional Fee Agreement (CFA), meaning that you typically won’t have to pay for their services in the event that your claim fails.
Your No Win No Fee solicitor would take a success fee at the end of the claim, if it succeeds. This fee comes from your compensation in the form of a small percentage that is capped by the terms of the Conditional Fee Agreements Order 2013, so you won’t be overcharged.
Talk To One Of Our Team Members
Our advisors are available 24/7 to discuss the merits of your potential claim. They can provide free advice on the process of claiming for a road traffic accident caught on a dashcam. Speak to our team today:
More about road accident claims with these guides:
- How To Claim Through The Motor Insurers’ Bureau For Road Traffic Accident Compensation?
- I Was Injured As A Passenger – What Are My Compensation Rights?
- £20,000 Compensation Payout For A Broken Collarbone In A Car Accident
Furthermore, some useful sources:
For more information on claiming for an accident caught on a dashcam, speak to our team using one of the methods provided above.
Written by MF
Edited by MMI