Have you been injured in a car accident that wasn’t your fault? Do you have evidence that the accident was avoidable and third party negligence was responsible? If so, you could be entitled to compensation. But how do you sue for a car accident? Read this guide for the answer to this question.
How To Sue For A Car Accident
In this article, we’ll provide you with our guide on how you could make a personal injury claim for your suffering. We’ll explain the duty of care owed to you by other road users. We’ll also look at how breaching this duty could result in your injury. In addition, we’ll present you with some advice on how you could give your claim the best possible chances of success.
Hiring Personal Injury Solicitors For A Claim
As proving negligence is key to establishing grounds for a valid claim, it is advised to get the expert knowledge of a legal professional. By having a personal injury solicitor handle your case for you, its chances of success could increase, as well as the value of your payout. If you do choose to hire a solicitor to support your car accident claim, we would always recommend choosing a solicitor who is experienced in handling these types of cases.
To see how our panel of personal injury solicitors could help you, please don’t hesitate to get in touch with our team of friendly advisors today. They can give you a specialist review of your situation. This can help you understand your rights.
If our advisors believe that you could have grounds to make a valid claim, they can appoint you a personal injury solicitor from our panel to handle your case. All the solicitors on our panel work under No Win No Fee agreements. Under such agreements, there are no upfront fees to pay. There are no hidden fees and you don’t have to pay your lawyer’s legal fees if they’re unsuccessful in winning your case.
So please don’t hesitate to get in touch with us today. In the meantime, we hope you find our guide on how to sue for a car accident useful.
- Call us on 0800 408 7827
- Fill in one of our contact forms to arrange for us to call you back
- Use our live instant messaging feature at the bottom of your screen to chat with one of our advisors
Select a Section
- How To Sue For A Car Accident – A Guide To Claiming Compensation
- Who Would You Sue For A Car Accident?
- Who Owes A Duty Of Care For Car Accidents?
- When Can You Sue For A Car Accident?
- Car Accident Statistics
- What Should I Do If I Am In A Car Accident?
- What Is The Average Payout For Car Accident Injuries?
- No Win No Fee Car Accident Claims
- How To Find The Top Personal Injury Solicitors
- Our Advisors Can Help Today
- Additional Links
How To Sue For A Car Accident – A Guide To Claiming Compensation
In this guide, we’ll answer some commonly asked questions by those wanting to sue for a car accident, such as:
- How do you sue for a car accident?
- Who owes a duty of care for car accidents?
- Can you hold insurers liable for car accidents?
- What is the average payout for car accident injuries?
- How can I prove my pain and suffering?
- Is it worth it to sue after a car accident?
We’ll also include some of our top tips on how you could give your claim the best possible chances of success. This includes:
- Using a No Win No Fee lawyer
- How to find the best lawyer for you
- What to do if you experience a car accident
As mentioned above, please don’t hesitate to get in touch with our team of friendly advisors today. They can review your situation. This should help you understand your rights while giving our advisors a better understanding of your circumstances. In the meantime, we hope that you find this guide informative.
Limitation Periods on Personal Injury Claims
It’s important to note that personal injury claim time limits could affect your ability to start your case. For most cases, this is 3 years from the day of your accident.
If your injuries were not immediately noticeable, then the time limit may start from when they were confirmed. This is known as the date of knowledge.
The time limit for starting a claim is legally applied under the Limitation Act 1980. Exceptions apply to claimants under 18 or those without the mental capacity to start legal proceedings on their own. If either of these circumstances applies, then the time limit for starting a claim is frozen. It remains frozen until the potential claimant turns 18 or recovers sufficient mental capacity to make decisions independently. Before an injured party can claim on their own, a representative may be able to start a claim on their behalf as a litigation friend. This representative is usually someone close to the victim, such as a family member or guardian.
Who Would You Sue For A Car Accident?
People who drive on Britain’s roads should have valid insurance. The most basic form of vehicle insurance is called third party insurance. It is the minimum that’s legally required in order to drive on public roads.
If you are at fault, then your insurance policy will cover for injuries and other damages caused to other parties.
If another driver is at fault for a car accident that you’ve experienced, then you can claim against that driver’s insurance provider for your injuries and damages.
For more information on how to establish grounds for negligence, please continue reading. The next few subsections discuss how different types of road traffic accidents are categorised. If you have any questions, please contact our team today and one of our specialist advisors can explain everything that this article discusses and more.
Head-On Collisions
Head-on collisions can be one of the most devastating types of road traffic accidents. Typically, they occur when a road user is travelling in the wrong direction of traffic flow, with some examples including:
- Travelling in the wrong direction of a one-way street
- Driving in the wrong lane of a road where oncoming traffic travels
- Entering a car park through the exit or exiting through the entrance
Rear-End Bumps
Rear-end collisions happen when one vehicle goes into the back of another.
In many cases, the rear driver is often at fault for a rear-end collision, with some common causes including:
- Tailgating
- Misjudging stopping distance
- Reckless driving
Multiple-Car Pile-Ups
Multiple car pile-ups are another type of road traffic accident involving several vehicles. Typically, a domino effect or chain reaction is created.
For example, a multi-car pile-up could be caused by a rear-end collision. If vehicle drivers just behind those involved in the rear-end collision have little time to react, then they themselves may also end up colliding with the car in front or each other.
Vehicle pile-ups may occur on any road but could be more common on dual carriageways and motorways. Here, vehicles usually travel at high speed and collisions up ahead may be difficult to spot.
Since multiple collisions take place within a multi-car pile up, it can be tricky to establish negligence in such incidents. With this in mind, please don’t hesitate to reach out to one of our specialist advisors today for a free consultation and see how else we could help your case.
Who Owes A Duty Of Care For Car Accidents?
If you can prove that another road user was responsible for your car accident injuries, you could be entitled to compensation. To sue for a car accident, you must be able to prove another party’s negligence was to blame. Your personal injury claim will need to establish the following points with evidence:
- The other road user owed you a duty of care
- This duty of care was breached by the other road user through negligent behaviour
- You were injured as a result of this breach
Under the Road Traffic Act 1988, road users (which includes cyclists and pedestrians as well as vehicle drivers) owe others a legal duty of care. In summary, this duty requires road users to take reasonable steps to ensure any action or decisions they make do not cause damage or harm to other road users. Under the Highway Code, all road users must follow certain regulations to ensure that they are considerate of one another.
For some examples of how road users could be liable for car accidents, please see the next section of this article.
When Can You Sue For A Car Accident?
Road users could be held liable for a road traffic accident if they caused it by breaching their duty of care. Some examples of how this may happen could include:
- Dangerous driving (such as driving aggressively or under the influence of drink or drugs)
- Careless or inconsiderate driving
- Failure to look properly when executing a turn or another manoeuvre
If you’re unsure whether the circumstances of your car accident meets the requirements to make a claim, please don’t hesitate to get in touch with our team of friendly advisors today. They can review your situation. They’ll help you understand your rights to sue for a car accident if it was not your fault.
In the meantime, please take a look through the next section of this article to learn more about recent road traffic accidents in Great Britain.
Car Accident Injury Stats
According to an annual report by the Department for Transport, there were a total of 115,584 road casualties recorded in 2020 in Great Britain. A more detailed break-down of this figure includes the following statistics:
- 1,460 of the road casualties were fatal
- 22,069 people sustained serious injuries
- 92,055 people sustained slight injuries
The road user group with the highest number of casualties were car occupants. They accounted for 64,255 and 618 of these were fatal.
What Should I Do If I Am In A Car Accident?
If you are involved in a car accident, it’s imperative that you seek medical attention for any injuries that you may have obtained as a priority. Once this is done, the following steps may be taken to give yourself the best possible chances of success when making a claim.
- Collect evidence on the circumstances of the accident which can support your claim. This may include dashcam footage and witness contact details.
- Also, collect available evidence of any medical treatment you received because of the accident. This could include documents like scan or x-ray results or a hospital discharge letter.
- When you’ve collected the available evidence, we’d recommend hiring a solicitor. It’s preferable to hire a solicitor who is experienced in handling car accident claims. How-To-Sue can advise on potential car accident claims and connect you with our panel of experienced solicitors.
What Is The Average Payout For Car Accident Injuries?
If you’re able to start a car accident claim, it will be valued according to one or two types of damages. One type is known as general damages. The other is called special damages. Only if you are eligible to claim for general damages may it be possible to additionally claim for any special damages.
Compensation for general damages is meant to cover you for any physical harm or psychological trauma that you suffered as a result of your car accident. This payout could compensate for things like the pain your injuries are causing and subsequent treatment that you had to go through.
Injuries included for general damages could be a broken cheekbone, concussion, a broken ankle, broken forearm or broken finger.
To value a claim for general damages, the extent of the suffering you were caused will be taken into consideration. In order to determine this, a medical assessment is usually performed by an independent expert. As part of your evaluation, everything from your physical condition to your quality of life will be evaluated. This will all be written in a comprehensive report which can be used as evidence for your claim.
If you choose to work with our panel of personal injury solicitors, they can organise a medical assessment for you.
The Whiplash Reform For Vehicle Accidents
There has recently been a change in the law to how drivers and passengers over the age of 18 can claim for injuries caused in road traffic accidents. The Whiplash Reform or the Whiplash Injury Regulation 2021 means that injuries that are valued at under £5000 must be claimed for through aportal. Although it is still possible to use a solicitor for this if the claim was won they would not receive any payment from the defendant’s side. Please call our advisors for more information.
Calculating General Damages With A Personal Injury Claim Calculator
For personal injury claims, the Judicial College guidelines may be used by solicitors to help calculate the value of injuries. Some examples of the compensation brackets found in these guidelines are included in the table below:
| Injury | Notes | Award |
|---|---|---|
| Leg injury (moderate) | Complicated/multiple fractures or severe crushing injuries to one limb | £26,050 to £36,790 |
| Shoulder injury (severe) | Resulting in significant disability | £18,020 to £45,070 |
| Shoulder injury (serious) | Intrusive symptoms even after surgical treatment | £11,980 to £18,020 |
| Shoulder injury (moderate) | Limitation of movement and discomfort will last around two years | £7,410 to £11,980 |
| Elbow injuries (severely disabling) | Permanent damage has been caused | £36,770 to £51,460 |
| Elbow injuries (less severe) | Some impairment of function but major surgery is not required | £14,690 to £30,050 |
| Post-Traumatic Stress Disorder (severe) | Inability to cope as trauma is disabling | £56,180 to £94,470 |
| Post-Traumatic Stress Disorder (moderate) | Full recovery anticipated any remaining symptoms will be minor. | £7,680 to £21,730 |
| Psychiatric damage (severe) | Inability to cope as trauma is grossly disabling | £51,460 to £108,620 |
| Psychiatric damage (moderate) | Symptoms are initially serious but prognosis will be good | £5,500 to £17,900 |
The compensation brackets included in the table above are based on general damages only.
Special Expenses
Whereas general damages cover physical and psychological injuries, special damages account for financial losses directly linked to your injuries and subsequent treatment.
Common expenses incurred as a result of an injury that may be recoverable can include:
- Travel expenses
- Medical fees
- Care costs
- Loss of earnings
For more advice on the potential value of your personal injury claim, you can contact our advisors. They should be able to provide an estimate for your case based on the details surrounding it.
No Win No Fee Car Accident Claims
With a No Win No Fee agreement, there are no upfront or hidden fees and you don’t have to pay your solicitor’s legal fees if they’re unsuccessful in winning your case.
You’ll pay a small percentage of your payout to your lawyer if they win your claim for you. The percentage your solicitor can take is legally-capped to further ensure fairness and financial security in making your claim.
Our panel of personal injury solicitors always work on a No Win No Fee basis. To learn more, please continue reading or speak to one of our specialist advisors today.
How To Find The Top Personal Injury Solicitors
You have the option of picking any solicitors in the country. With advancements in telecommunication, there is no longer a requirement for you to pick personal injury solicitors because they are near where you live. You can choose the best solicitor that is suited to your case. We always advise choosing a solicitor because they have a good track record of securing their clients with the right amount of compensation.
Our panel of solicitors have years of experience in successfully securing car accident compensation, so why not see how they could help you today?
Our Advisors Can Help Today
To see how we could help you, please don’t hesitate to get in touch with our team of friendly advisors today. They can review your situation, helping you understand your rights while giving them a better understanding of your circumstances.
If our advisors believe that you could have grounds to make a valid claim, they can appoint you with a No Win No Fee personal injury solicitor from our panel to handle your case.
So, to receive your free review or see how we could help you, please don’t hesitate to get in touch with us today. In the meantime, we hope you enjoy our guide on how to sue for a car accident.
- Call us on 0800 408 7827
- Fill in one of our contact forms to arrange for us to call you back
- Use our instant messaging feature at the bottom of your screen to chat with one of our advisors
Additional Links
Thank you for reading our guide on how to sue for a car accident. Check out the following resources for additional support:
Find NHS services near to you to treat your injuries
You can use this section of the NHS website to find different health services near you.
Government advice on what to do if you’re in a car crash
This Government page explains what details should be exchanged if you are involved in a vehicle accident.
The Motor Insurers’ Bureau (MIB)
You may wish to contact The Motor Insurers’ Bureau for assistance in seeking compensation if you were in a car accident caused by an uninsured or untraced driver.
You can also check out other personal injury claims guides available from us. For instance, we have guides on suing a hospital, your employer or your local council if any of these parties have harmed you via negligent behaviour.
Thank you for reading our guide about how to sue for a car accident.