How To Claim Compensation For A Car Accident
If you have ever been involved in a car accident caused by someone else, this article aims to explain car accident compensation as well as how you could claim it using the expertise of our panel of personal injury lawyers.
With nationwide experience in settling shoulder, neck, whiplash, and spinal injury negligence claims, we explain step by step how our panel could help you receive a payout for your no-fault accident today.
Car accident compensation
No Win No Fee agreements or Conditional Fee Agreements (CFAs) offer the victims of negligence on the roads the chance to seek compensation from the other party at no upfront cost. You may have some other questions about the claims process, such as:
- Who was to blame?
- What laws support me?
- What evidence will I need?
- Does it take a long time to settle car accident claims?
- Will it cost me anything if I lose?
We’ll cover these and other points below. Please get in touch if at any point there is something you require more information about. If you feel ready to speak to our friendly team for no-obligation advice, call now on 0800 408 7825. Along with this, you can also write to us by clicking here and we will be happy to advise you about car accident compensation claims.
Select a Section
- A Guide To Claiming Compensation For A Car Accident
- What Is A Car Accident?
- Car Crash Statistics In The UK
- What Are The Main Causes Of Car Accidents?
- Do Vehicle Drivers Owe A Duty Of Care On The Roads?
- What Injuries Can You Suffer In A Car Accident?
- What Is The Average Payout For Car Accident Claims
- No Win No Fee Car Accident Agreements
- Finding A Suitable Lawyer For You
- Contact Us About Your Case
- Essential Resources
A Guide To Claiming Compensation For A Car Accident
Every time we get into our cars to make a journey, we understand there could be a risk. We trust that other road users will demonstrate care and attention and many drivers have never experienced even a slight bump.
For some people, however, a car collision has turned their lives upside-down. When something like this happens, another party could be to blame.
Duty of care is a legal concept that protects people in the workplace, in public settings, and on the roads. There are laws that seek to hold anyone who breaches them to account with strict penalties and fines. In some cases, prosecution and prison. Our panel handle liability cases in three main areas:
- Accidents in the workplace (Employer’s liability)
- Accidents in public (Public liability)
- Road traffic accidents (RTA’s)
If you were unlucky enough to encounter a negligent driver and it resulted in causing you injury, you could seek damages against them. It should be noted that the purpose of insurance is to anticipate events like this. When you use a No Win No Fee lawyer to represent you, it’s possible to really maximize your compensation amount and properly attend to the damage it has caused you.
Below, we’ll discuss different types of car accidents, the latest government figures, what to do after a car accident, and we’ll help you estimate how much you could get in a personal injury claim.
If you have any questions or would like to begin your claim, please get in touch with our team.
What Is A Car Accident?
A car accident can involve any number of scenarios. The one we are all perhaps familiar with is the collision when two or more cars impact from opposite directions. But there are other types of car accident such as:
- A moving car colliding when you are stationary
- Side impact or ‘T-Bone’ collisions
- Roll-over accidents
- Single car accidents with hazards/obstacles
- Pedestrian collision
Each of these potential scenarios can be caused by the negligence of others. Even adverse weather conditions that may seem to be beyond the control of an individual driver can be negotiated safely if drivers slow down, pay more attention, and remember their duty of care to other motorists.
In order to successfully establish negligence in a compensation claim, you’ll need to establish the answers to the following:
- Who had a duty of care to you?
- How did they breach it?
- What injuries did you suffer directly as a result?
Your No Win No Fee lawyer will help you collate all the proof and information you will need to demonstrate how the accident and injuries have impacted you. Potentially seeking two types of damages, general and special, your personal injury lawyer can boost the amount you might receive.
If you’re unclear who was at fault , speak to our team today for guidance.
Car Crash Statistics In The UK
Road accident statistics released in 2020 make for grim reading:
- 1,748 deaths recorded on the roads in 2019
- 25,975 serious injuries
- 153,315 casualties of all severity
Many of these accidents could have been avoidable if the drivers involved had been giving their full care and attention. Each statistic represents a shattered life or an injury that changes the quality of someone’s life forever. To know that it could have been avoidable adds greatly to the anguish.
You have a legal right to launch a negligence claim against another party and No Win No Fee lawyers can help you to achieve that. There is a time limit of 3 years from the date of the accident to initiate a personal injury claim, so speak to our friendly team today to see how we could help you seek compensation settlements from a driver who harmed you.
What Are The Main Causes Of Car Accidents?
There are several factors that can lead to a car accident such as:
- Driving under the influence of alcohol or drugs
- Looking at a mobile phone
- Speeding
- Reckless or ‘risk-taking’ driving
- Adverse weather conditions – fog, ice, groundwater
- Avoidance of sudden hazards
The repercussions to other drivers or pedestrians can be far-reaching and very serious. Some injuries that can be sustained in car accidents include:
- Whiplash
- Spinal injury from rear-ending accidents
- T-Bone collisions or side impact causing hip and spine injuries
- Crushed limbs, fractures, and contusions
- Emotional damage and suffering
- Head injuries
- Death
Velocity and hard steel are a dangerous combination and the duty of care for drivers, as outlined in The Highway Code, urges all road users to demonstrate the highest levels of diligence to avoid accidents.
The list above is by no means exhaustive and if you suffered injuries in an RTA and are unsure as to who was responsible, or how they might be liable, please speak to our team for guidance.
Do Vehicle Drivers Owe A Duty Of Care On The Roads?
Yes. The Highway Code clearly states that everyone who uses the roads should demonstrate due care and diligence to avoid harming others. ‘Reasonable care’ to prevent accidents means that any other driver who was drinking, not paying attention, speeding, or driving carelessly and harmed you in the process made a decision to do so and can be sued. You could receive compensation from them.
There is some important evidence to consider when building your claim, and a No Win No Fee lawyer can help you assemble and present it:
- Use police reports from the scene of the accident
- Medical notes from your GP or A&E
- CCTV footage if available on that stretch of road
- Witness statements if possible
- Photographic evidence you can take yourself
- Car damage reports
Whatever you can provide to prove that reckless or negligent driving by another road user caused your injuries might support your case in court. It’s worth taking the time, however painful, to relive the experience in as much detail as possible.
If you were involved in a collision with a driver who did not stop or was uninsured, the case does not necessarily end there. The MIB (Motors’ Insurance Bureau) is a government organisation that seeks to give victims of uninsured or errant drivers compensation of some kind to mitigate their suffering. You can read more information about the MIB here or speak to our team for advice.
To Pedestrians
The Highway Code seeks to protect everyone that uses the roads, including pedestrians. If you were run over or injured on foot, or as a cyclist, you can also seek compensation from the negligent party that harmed you.
A personal injury lawyer would approach your case in exactly the same way, by assessing liability with your evidence and valuing your case. If you can prove a careless motorist harmed you, you might have a case against them.
Duty Of Care Over Vehicle Drivers
The Highway Code protects drivers by providing a consensus of sensible road use. It protects everyone by giving them a set of guidelines and advice on how to handle a wide range of possible situations and hazards. It’s an integral part of new drivers’ knowledge in order to pass their test. The Highway Code gives useful advice on a number of subjects and is a valuable resource to refer to in your case.
What Injuries Can You Suffer In A Car Accident?
Any sort of injury could result given the complex nature of operating a car. Sharp steel, glass, and flammable liquids can all make a vehicle a very dangerous piece of machinery. However carefully you operate it, the actions of another can put you at great risk of injury.
During a collision, there are three main types of injury, such as:
Soft Tissue Injuries
Any cuts or bruises, deep gashes, whiplash, and contusions can result in any part of the body from the sudden impact in a car accident. Furthermore, contact with flammable petrol can result in burns and other damage, leaving you potentially scarred or deformed for life.
Everything from a slight scratch to severe head injury or death can result from a car collision and without protective clothing, our bodies are quite vulnerable inside the vehicle. In addition to soft tissue damage, we are equally at risk of fractures.
Broken Bones
Fractures and spinal injuries might also result from the jarring nature of a sudden impact at even moderate speeds. Velocity and mass combined mean that it doesn’t require much to increase the damage caused.
For example, if a pedestrian is hit by a car at 40mph there is a 90% likelihood they will be killed. At 30mph it drops to 20%. Speed kills and being encased in a metal framework provides little protection in major car crashes.
Head And Brain Injuries
Speeding and reckless driving can cause no limit of bodily damage and the head and brain could be particularly vulnerable. Whiplash and spinal damage often bear the brunt of the impact, potentially causing problems for decades after the accident. The Judicial College Guidelines, which is a publication detailing recommended compensation awards, suggests awards of around £264,650 to £379,100 for severe brain injury which reflects the grave nature of harm like this.
Harm To Back And Neck
The seating position of the body in a car seat means that spine, back, and neck injuries can be common. A slight shunt can be all it takes to dislodge a spinal disc or awkwardly move a tendon in a way that creates medical problems that impact the quality of your life.
Rear-end accidents can commonly cause back issues and the slightest impact can entail years of chiropractor costs to rectify. These are all expenses you would have to find immediately as you try to cope with life demands after the accident. Suing the other party may be the only way you can afford this.
What Is The Average Payout For Car Accident Claims
Compensation is never guaranteed and each case is different. When you launch a negligence claim against another road user, your No Win No Fee lawyer will require you to undergo a medical assessment. This is an opportunity to:
- Have a medical professional confirm the exact nature of your injuries
- Confirm in writing the injuries were a result of what happened
- Rule out the possibility that your injuries are from a pre-existing condition
- Give your personal injury lawyer concrete evidence of your claim
Once these details have been confirmed, your solicitor can seek two heads of damages against the negligent party:
General damages
General damages seek to recompense you for the pain and suffering your injuries have caused you and depending on their exact nature, could result in very substantial payouts. The Judicial College Guidelines are detailed and cover a whole array of injuries. It gives your No Win No Fee lawyer guidance on possible settlement amounts.
The more serious brain and head injuries can receive six-figure settlements and the results of your medical assessment will guide your lawyer to seek the maximum on your behalf in your specific case.
Calculating General Damages With A Personal Injury Claims Calculator
Many online No Win No Fee sites promise instant compensation settlement amounts through tools like personal injury claims calculators. This way of calculating damages is prone to error as many of the subtle details of your circumstances can be overlooked or valued incorrectly. When you speak directly to a personal injury lawyer from our panel they can listen to every aspect of your claim and estimate compensation properly.
To give you an idea of what you could receive, we’ve compiled the table below using the Judicial College Guidelines:
| Injury and Severity | Notes | Value |
|---|---|---|
| Head/Brain injury - very severe | This award applies to severe sensory impairment and the requirement for constant care | £264,650 - £379,100 |
| Knee injury - severe | Broken joint, gross ligament damage, lengthy treatment with considerable loss of function and ongoing pain | £65,440 - £90,290 |
| Leg injury - moderate | Complicated fractures and severe crushing. Degenerative changes and imperfect repair issues. The award takes into account loss of ability to work or enjoy life as before | £26,050 - £36,790 |
| Hand/wrist - moderate | Penetrating wounds or crush injuries, tissue damage and lacerations. This award is appropriate where surgery has failed and permanent damages remain | £5,260 - £12,460 |
| Foot injuries - severe | Fractures with restricted mobility and permanent pain could be appropriate for this award. Also degloving and ulceration issues | £39,390 - £65,710 |
| Hip injuries - moderate | Where fractures may necessitate hip replacement and future, ongoing symptoms | £11,820 - £24,950 |
| Elbow - severe | Impaired function and severe disabling injury, loss of mobility, the need for surgery | £36,770 - £51,460 |
| Back injury - severe | Damage to the spinal cord, severe pain and possible paralysis | £85,470 - £151,070 |
| CRPS (Complex Regional Pain Syndrome) | Greatly reduced ability to work, significant domestic care and psychological issues | £49,270 - £78,840 |
| Injuries to any part of the body but award is based on recovery time | Injuries of short duration with a complete recovery. There may be significant pain but eventually recovered | £1,290 - £2,300 |
| Dermatitis with psychological impact | Effects that last for years and cause emotional/psychological issues | £12,900 - £18,020 |
| Anywhere on the body | Serious laceration scars | £7,350 - £21,330 |
| Back injury - moderate | This is a wide bracket but symptoms are generally compression or crush in lumbar causing constant pain and discomfort and increased risk of osteoarthritis | £26,050 - £36,390 |
Special damages
Special damages are designed to restore your finances to where they were before the accident. Anything that has cost you an out-of-pocket expense because of your attempts to deal with your injuries can be included under special damages and potentially won back from the defendant. You may be able to claim for:
- Loss of earnings
- Lost future work opportunities
- Travel costs to hospital appointments, physio or counselling
- Care costs for anyone who needs to look after you
- Damage to personal property during the accident
- Impacted pension or work bonuses
- Lost deposits or cancelled plans
When you hire a personal injury solicitor and discuss the exact nature of your accident and the injuries another person caused you, it’s possible to include any additional costs as part of your damages.
Any cost incurred as a result of your injuries could be included in your settlement amount, so if your situation created unforeseen expenses and you’re not sure how it might be claimed back, speak to our team for advice.
No Win No Fee Car Accident Agreements
No Win No Fee agreements or Conditional Fee Agreements are designed to help people access justice and compensation as quickly and easily as possible. There are other ways to launch negligence claims but the advantages of No Win No Fee arrangements are clear:
- You don’t have to pay any fees upfront to the lawyers
- There are no fees to pay while your case is ongoing – however long it may take
- You have no fees to pay your lawyers if your case does not win
- If your case is successful, you only pay a small percentage to your lawyers
- This fee is capped by law to keep it as low as possible
- You don’t have to pay the fee until you’ve received your car accident compensation payout
- You receive expert legal advice and support throughout your case
For many people, using a personal injury lawyer this way to seek car accident injury settlements represents the quickest, easiest, and most cost-effective option. Speak to our friendly team today to see how we could help you.
Finding A Suitable Lawyer For You
Traditionally, people would go to see a solicitor or law firm on their local high street but with the internet, it’s no longer important where your lawyers are based. Our panel of No Win No Fee lawyers handle cases for car accident claims remotely and settle cases all across the country.
When you speak to our personal injury claims team we can assess your eligibility and direct you to the best lawyers from our panel to properly value and guide your car accident compensation claim. Compensation is never guaranteed, and each case varies, but when you speak to us, you could access the shared expertise of some of the best lawyers in the UK.
Contact Us About Your Case
Our friendly team is available 24/7 to discuss any aspects of your personal injury claim for a car accident. Getting in touch is easy. You can:
- Call us direct on 0800 408 7825
- Email us by clicking here
- Speak to us now via the live chat function, bottom right
To Recap:
To recap on some key points:
- Duty of care is a legal requirement under The Health And Safety At Work etc Act 1974, Occupiers’ Liability Act 1957, and The Highway Code. It’s always the responsibility of somebody to ensure that you are not placed at unnecessary risk of harm.
- There are no fees upfront, ongoing, or if you lose a No Win No Fee case
- You only pay a small, capped percentage to lawyers when you win
- A medical assessment can provide solid evidence in your favour
- Furthermore, some cases can settle quickly with no requirement to go to court
- CCTV evidence is useful and important but not vital
- You have recourse through the MIB if the other party is uninsured or untraceable
We hope that this article has helped clarify any points you have about starting a negligence case against another road user and if you’re ready to proceed we look forward to helping you.
Essential Resources
For further reading on road safety, please click here
For more information on soft tissue damage, please read here
For further reading on road accident statistics, please read here
You can check out our guide on how to claim compensation for an allergic reaction here.
Or click here to learn more about how to claim compensation for an injury in a public place.
And head here to learn how to claim compensation for an accident at work.
Thank you for reading our guide to car accident compensation.
Guide by EA
Edited by II