A Guide To Compensation For A Car Crash Claim

If you have been injured in a road traffic accident due to the fault of another driver, you might be able to make a car crash claim. This guide will aim to answer any questions you may have about claiming compensation following an accident on the roads.

We will talk about the circumstances in which a claim can be brought and how compensation is calculated if successful. Also included are the evidence you might need to support your case and also the time limit in which to start your claim.

Finally, we look at how one of the dedicated personal injury solicitors from our panel could help you with your case using a No Win No Fee agreement. You can reach out to an advisor for a free no, obligation case assessment at any point by:

A car is turned upside down in a significant road traffic accident.

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What Is A Car Crash Claim?

A car crash claim can be made following an accident and injury that has happened due to the fault of another party.

All road users have a duty of care to navigate the roads safely so that they prevent harm and damage to others. To meet this duty, they must adhere to the rules found in The Road Traffic Act 1988 and The Highway Code.

In order to make a compensation claim, the following criteria need to be met:

  • You were owed a duty of care
  • A third party breached this duty
  • You were a result of the breached duty of care

If you think the above might apply and you would like to discuss your current situation, please call our team using the contact details above.

What Accidents Could Lead To A Car Crash Claim?

Different types of accidents could lead to a car crash claim; here are some examples:

  • There is a head on collision as a drunk driver drifts into oncoming traffic.
  • A vehicle changes lanes when it is unsafe to do so and causes a collision.
  • A car fails to stop at a give way junction and knocks someone from their bicycle (a cycle accident claim).
  • A driver fails to leave sufficient breaking distance and causes a rear end collision at a set of traffic lights.
  • A taxi or mini-cab driver is distracted by looking up directions on a sat nav and fails to spot a pedestrian crossing the street and knocks them down.
  • A passenger is injured in a road traffic accident when two cars crash on a roundabout.

These are only a few examples of road traffic accidents resulting in injury, and your circumstances may be different.

With this in mind, please do not hesitate to contact our team and one of our advisors will help with any questions you may have.

Can I Claim Compensation Against An Uninsured Driver?

If you are involved in a collision with another driver who does not have insurance, you may worry that you are unable to claim. Thankfully, there is an organisation called the Motor Insurers’ Bureau (MIB) that deals with such cases.

In addition to uninsured drivers, they also deal with claims where the other driver has left the scene without providing their details (called an untraced driver). The MIB is funded by all UK insurance companies and allows car crash claims against uninsured drivers to still be brought.

To find out more, call our panel of experts using the contact details provided.

What Evidence Can Help Me In A Car Crash Claim?

When making a car crash claim, it is important to provide evidence as this will demonstrate the third-party negligence that has resulted in a car crash, leaving you injured.

Examples of evidence that can be requested:

  • CCTV footage or dashcam footage
  • Medical evidence
  • Medical records
  • Photographs (of the accident location or the damage to the vehicles)
  • Insurance details
  • Witness details (so that a statement can be taken at a later date)

To help prove your case, you should collect as much evidence as you can. A solicitor from our panel could help you with obtaining evidence to take away any stress you may have following a car crash.

To discuss this matter further, please call our team for a chat and to see if we can help you move forward.

How Do I Claim For Whiplash and Minor Injuries After A Car Crash?

If your car crash has left you with whiplash or a minor injury, then you may have to use an alternative method to claim. Such claims can fall under the Whiplash Reforms Program. This can affect those who are over the age of 18 and who have injuries that are valued at £5,000 or less.

There is a fixed tariff system for valuing these claims set out in the Whiplash Regulations 2021, which can apply to drivers or passengers in England and Wales.

If you have injuries outside the tariff, they will be assessed in the traditional manner, and we will cover how this is done in the next section.

You can contact an advisor to see how your case could be valued, and it is important that all of your injuries are correctly included. Any case assessment we offer is free and has no obligation.

How Much Car Accident Compensation Could I Receive?

Not every car crash claim is the same and therefore, the amounts of compensation differ due to their uniqueness.

When valuing the claim, it is divided into two separate heads of loss: general damages and special damages.

  • General damages are based on your pain, suffering and loss of amenity. Loss of amenity is the impact the injuries have had on your life and your ability to carry out everyday activities.
  • Special damages are for any other financial losses you have incurred as a direct result of the car crash. Special damages are explained in more detail later on in this guide.

The amount of compensation that you could receive for an injury can be based on a medical report obtained, and to help come up with a valuation, a document called the Judicial College Guidelines (JCG) could be used. This contains injuries and a suggested compensation bracket for them.

Here is a table of injuries from the JCG and also the whiplash tariffs. The JCG entries are guidelines only and are not guaranteed. Please note the first injury insert has not been taken from the JCG:

InjurySeverityCompensation Bracket
Multiple Injuries inc special damagesMost severeUp to £1,000.000 +
Head InjuryVery Severe£344,150 to £493,000
Neck injurySevere (i)In the region of £181,020
Neck injurySevere (ii)£80,240 to £159,770
Back injurySevere (i)£111,150 to £196,450
Back injurySevere (iii)£47,320 to £85,100
Leg injuryVery Serious£66,920 to £109,290
WristAn uncomplicated Colles fracture.In the region of £9,070
Whiplash Tariff18-24 month recovery and psychological injury£4,315
Whiplash Tariff18-24 month recovery£4,215

Can I Claim For Loss of Earnings Caused By My Car Accident Injury?

Whilst special damages are not always guaranteed, they can include:

  • Loss of earnings
  • Medical expenses
  • Prescription costs
  • Travel costs (tickets, petrol receipts, taxi invoices)

The more evidence you have to support the special damages, the more likely you are to recover them, such as:

  • Wage slips
  • Bank statements
  • Receipts for any out-of-pocket losses

To discuss car crash claims or any aspect of potential damages, you can reach out to an advisor for free.

How Long Do I Have To Claim For A Car Accident?

As with most personal injury claims, you have to start your claim within three years from the date of the accident. This is known as the limitation period, which is outlined in The Limitation Act 1980. However, there are some exceptions to the rule of limitation, for example:

  • If the injured party is a minor (under the age of 18) – They can either wait for their 18th birthday before submitting a claim. Alternatively, a person can start a claim on their behalf as a litigation friend. This allows the claim to start immediately.
  • Another exception would be if the injured party did not have the mental capacity to make decisions relating to the claim. A litigation friend can be used in this matter as well. The time frame to bring a claim is paused whilst there is no capacity. Should capacity be recovered, the three year time limit will start from that date.

Can I Claim For A Car Accident Injury On A No Win No Fee Basis?

The answer is yes. If our panel solicitors accept your claim, you could be offered a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement. The solicitors on our panel have years of dedicated experience in road traffic accident claims and can help you by:

  • Collecting the evidence you need to support your claim.
  • Making sure that all the damages you are entitled to are claimed.
  • Handling correspondence from the third party or their insurer.
  • Offering expert legal advice.
  • Completing your case in an efficient manner.

A CFA carries with it certain benefits that you should be aware of:

  • There are no upfront solicitor costs before the case begins.
  • No ongoing solicitor fees as the case moves forward.
  • No solicitors fees to pay if your claim fails.

If your claim is successful, a success fee is deducted from the compensation and paid to the solicitor. The percentage is legally capped, so you keep the majority of any compensation.

If you have any questions that you would like to ask, please contact us, and we will do our best to solve any concerns you may have.

A solicitor works on a car crash claim at a desk.

Learn How To Sue For Road Traffic Accidents

Below are additional resources that will help you understand how to sue for a car accident.

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Thank you for considering our guide about a car crash claim.