This guide will look at car accident claim payouts and how personal injury compensation is calculated.
As well as covering the eligibility criteria for a personal injury claim, we will review the legislation that sets out a duty of care for road users.
The guide will also share some examples of injuries commonly seen after a car accident. Afterwards, we will outline the forms of evidence which could be gathered to support a road traffic accident claim.
Furthermore, we have put together a table of guideline compensation brackets to give you an idea of what compensation for your pain and suffering from an injury could look like.
Finally, we will explain why the support of a No Win No Fee solicitor could help your claim.
If you want to discuss your case or anything to do with car accident claims, please do not hesitate to talk to our dedicated advisors. You could:
Select A Section
- How Are Car Accident Claim Payouts Calculated?
- When Could You Receive Car Accident Claim Payouts?
- Injuries Commonly Caused By Car Accidents
- Evidence Showing Who Was At Fault
- Could No Win No Fee Solicitors Help You Seek Car Accident Claim Payouts?
- Further Guidance On How To Claim After A Road Traffic Accident
A personal injury settlement can be formed of up to two heads of claim, which are:
- Special damages, which account for financial losses linked to injuries. This could include a loss of earnings if you are unable to work.
- General damages, the head of claim that factors in pain and suffering caused by your injuries.
We have put together a table of guideline compensation brackets for general damages using Judicial College Guidelines (JCG) figures. The JCG is referred to by legal professionals alongside medical evidence when assigning value to injuries.
Bear in mind, however, that car accident claim payouts will vary depending on numerous factors. While the table below is a useful guide, it does not give assurances of compensation you could be awarded.
|Head||Very Severe||£282,010 to £403,990||The bracket covers a range of the most serious injuries where the award level depends on factors such as life expectancy and the ability to communicate with or without technology.|
|Back||Severe (i)||£91,090 to £160,980||The most severe injuries with serious consequences that are unusual for back injury.|
|Leg||Severe (i)||£96,250 to £135,920||This bracket features the most serious injuries which fall short of amputation.|
|Arm||Loss of One Arm (iii)||£96,160 to £109,650||A below-elbow amputation.|
|Face||Very Severe Scarring||£29,780 to £97,330||Substantial disfigurement which affects relatively young claimants - typically between teenage years and those in their early 30s.|
|Chest||Damage to chest and lung(s)||£31,310 to £54,830||Some persistent disability will result from the injuries.|
|Shoulder||Severe||£19,200 to £48,030||Case which can be linked to neck injuries, involving brachial plexus damage and leading to a significant level of disability.|
|Whiplash Tariff||Injury duration is 18-24 months||£4,345||This tariff sum is paid if there are one or more whiplash injuries, plus one or more minor psychological conditions.|
|Whiplash Tariff||Injury duration is 18-24 months||£4,215||A tariff amount paid where one or more whiplash injuries are suffered.|
The Whiplash Reform Programme
The above table shows two whiplash entries from the JCG. These injuries will be assigned fixed amounts using a tariff from the Whiplash Injury Regulations 2021.
This recent change comes as a result of the Whiplash Reform Programme, which has altered the process of claiming for personal injuries after a road traffic accident.
If the total value of injuries suffered by an adult driver or passenger is £5,000 or less, they will need to claim in another way.
Additionally, while a whiplash injury claim will be valued through the tariff, non-whiplash injuries will be valued in the traditional way.
If you are unsure what route you need to take, please give our advisors a call.
A claimant needs to meet key criteria to show they are eligible to make a personal injury claim. In the case of a car accident compensation claim, this would be that:
- Another road user owed a duty of care;
- They breached that duty; and
- Caused an accident, which in turn led to injuries.
- The claim was started within the time limit.
A duty of care is set out by the Road Traffic Act 1988. This duty applied to road users is to use the roads in a manner that prevents harm. This includes protecting passengers from being injured, as well as themselves. Rules that must be followed can be found in the Highway Code, which also provides guidance on how to use the road responsibly.
If a road user breaches their duty of care through negligence, they could cause an accident which inflicts injury on others.
When making a personal injury claim following a road traffic accident, you would need to ensure that you start your claim within the three-year limit set by the Limitation Act 1980. There are some exceptions to the time limit, so if you have any questions about your claim or anything else to do with car accident claim payouts, please call our advisors.
We have outlined a few examples of car accident injuries below, as well as contributory factors that, according to government statistics, are a common cause of accidents on the road:
- You are a pedestrian who suffers a traumatic head or brain injury because a driver was looking at their phone and struck you while you were on a zebra crossing.
- You are a cyclist hit by a car exceeding the speed limit. You suffer broken ribs and punctured internal organs as a result.
- A driver fails to look when turning into a junction and collides with your vehicle, and you suffer a whiplash injury.
- A drunk driver hits your car at speed, and the shattered glass from your windshield causes serious facial scarring.
Claimants’ chances of receiving car accident claim payouts are likely to increase if they provide evidence showing that the other road user was negligent. For your case, you could gather:
- Traffic camera or CCTV footage, as well as a video recording from a device like a dashcam, that clearly shows the accident.
- Photographs highlighting the aftermath of the accident and any visible injuries.
- Medical records that present the extent of the injuries, like scans or X-rays.
- A diary charting your treatment and symptoms.
- The contact details of witnesses.
Please chat with our advisors to learn more, as you can find out about the support a solicitor from our panel can give you in collecting evidence.
Solicitors from our panel can provide an expert, professional service in all stages of your claim. If you have a valid claim, you could be offered a type of No Win No Fee contract called a Conditional Fee Agreement (CFA.)
Under a CFA, your solicitor collects a fee if your claim is successful. This fee is a percentage of the compensation you get. And because of the Conditional Fee Agreements Order 2013, there is a legal cap on the percentage that a solicitor can take.
Otherwise, there is no fee for the solicitor’s services.
How To Contact Our Team
Our dedicated advisors are on hand to answer your questions about car accident claim payouts. As well as giving you a free consultation, the team can do a case assessment for you without charge. You could then be connected with a solicitor from our panel if your claim has valid grounds.
Because we do not obligate you to start a claim if you speak to us, you can decide what level of support you need.
You can reach us today, either by:
We have even more guides to help you learn more about car accident compensation, like the ones below:
- A guide to roundabout car accident compensation claims.
- A close look at motorcycle accident claims.
- More information about claiming with car accident claim solicitors.
These resources could also prove helpful:
- National Highways – request a copy of traffic camera footage.
- GOV – CCTV footage.
- Road user guidance from government safety campaign Think!
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