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Car Accident Claims – How Much Compensation Can I Claim?

Car accidents can happen for a variety of reasons, including careless driving, road rage, unsafe road conditions, and drink-driving. In some cases, these accidents may result in nothing more than minor damage to the vehicles involved. However, they can also cause serious injuries to drivers, passengers, and other road users. If you’ve been injured in a car accident that wasn’t your fault, you may be entitled to claim compensation for your injuries.

The advisors at claimsaction.co.uk are available to support you if you wish to make a claim. If you call 0800 652 1345, an advisor will guide you through the car accident claims process and review your case with you. You’ll get free legal advice and if your case appears viable, you’ll be connected with one of our personal injury solicitors. They’ll make everything a little less stressful if they accept your case because they’ll work on a No Win, No Fee basis.

Importantly, our solicitors can help with most car accident claims. However, in 2021, new rules came into effect for whiplash claims (concerning RTAs). Our advice would still be to call us for legal advice. If the value of your injury is less than £5,000, you’ll be directed to a government portal where you’ll be able to manage the claim yourself. If the claim exceeds that value, one of our solicitors might take on your claim and agree to represent you.

Can I claim compensation for a car accident?

It’s important to note that you won’t always be entitled to compensation following a car accident. To make a successful claim, you must prove that someone else was responsible for the accident. Before a car accident claims solicitor will accept your case, they will verify that:

  • The other road user (the defendant) owed you a duty of care; and
  • Their negligence led to a car accident; and
  • You were injured directly as a result of the accident.

Establishing a legal duty of care is generally straightforward because all road users are legally obliged to drive in a way that keeps others as safe as possible. This obligation is set out by the Road Traffic Act 1988. The next step is to prove how the defendant was negligent and the injuries you sustained as a result.

How do you prove fault in a car accident?

When you claim for injuries sustained in a car accident, you will usually have to deal with the defendant’s insurance company. Unless you can prove that their client was responsible for both the accident and your injuries, it’s highly unlikely you’ll be compensated. Therefore, to establish fault for the accident, you will need evidence to support your allegations. This could include:

  • Photos. If it is safe to do so, you should always take pictures of the road accident scene from various angles before either vehicle or cause is removed.
  • Dashcam footage. Where the accident was caught on dashcam (or CCTV cameras), you should ask for a copy of the footage as soon as possible.
  • Witness statements. If anyone else stopped at the scene of the car accident after witnessing it, you should ask politely for their contact details. They might be asked to provide a statement, later on, to explain what they saw if it’s difficult to agree upon liability.
  • Medical information. You should always seek medical treatment for any injuries sustained in a car accident. If you visit your GP, a minor injuries unit or A&E, you can request a copy of your medical records to help prove the extent of your injuries.
  • Police reports. If the police attended your car accident, their report or investigation could provide a useful insight into what happened.
  • The other driver’s details. As your car accident claim is likely to be against another driver, you should certainly swap details with them. Try to make sure you get their name, contact details and insurance details. You should also note the make, colour and registration number of their vehicle.

After you’ve collected as much evidence as possible, please get in touch if you’d like us to review everything with you for free.

What types of car accidents can I claim compensation for?

Now, let’s examine some types of car accidents where you may be entitled to compensation for any injuries sustained. These include situations where:

  • Another vehicle collides with the back of your car because the driver was distracted by a phone, radio or satnav system.
  • You were hit by a car that was being driven by a driver under the influence of drugs or alcohol.
  • A car that was being driven aggressively hit you.
  • A careless driver rear-ended you in a roundabout accident.
  • Another driver misjudged the distance to your vehicle and collided with you at a junction.
  • The other driver acted in a moment of road rage and caused a deliberate collision.
  • Another car changed lanes without realising you were alongside them.
  • You were hit from behind by another vehicle.

Split liability claims

You shouldn’t be discouraged from claiming if you believe you might have been partly to blame. Split liability claims could still result in some compensation. For example, if it is determined that you were 25% responsible for a car crash, you could still claim for your injuries, but your compensation would be reduced accordingly.Some of the more common reasons for split liability claims include:

  • A degree of dangerous or reckless driving by the claimant.
  • A pedestrian stepping into the road without checking first.
  • The claimant not wearing a seatbelt at the time of the accident, thereby exacerbating their injuries.

If in any doubt, please speak to our advisors for the latest advice.

No car insurance claims

If the other driver involved in your car accident did not have insurance, or if you were the victim of a hit-and-run where the driver cannot be identified, we could still help you claim compensation.In these situations, our solicitors can assist you in making a claim through the Motor Insurers Bureau (MIB), a scheme funded by law-abiding drivers through their insurance premiums.

To support your claim, you will need to provide as much information about the accident as possible. At a minimum, you should report the incident to the police and obtain a reference number. Additionally, try to gather as much information about the other vehicle as possible to assist the MIB in their investigation.

What types of injuries could I be compensated for?

While it’s possible to sustain various injuries in a car accident, some of the most common include:

How much compensation will I get for a car accident?

Some people mistakenly believe that compensation for a car accident injury claim is a fine or penalty against the defendant. However, it is solely intended to cover physical or psychological injuries and any costs associated with the accident. Therefore, any payout may depend on:

  • Any pain you suffered because of the accident.
  • Any impact your injuries had on your family or social life (loss of amenity).
  • Earnings you’ve lost because of your injuries (including future lost earnings).
  • The cost of repairing/replacing your property i.e. your vehicle.
  • Care costs.
  • Travel expenses.
  • Medical costs.
  • The cost of making changes to your home if you’re left with disabilities following the car accident.

You must consider the full impact of your injuries caused by the accident to ensure you receive full compensation. If you work with one of our car accident claims solicitors, they will ensure that all aspects of your suffering are factored into your claim.

Can I claim for injuries if I was a passenger hurt in a car crash?

Yes, passengers can claim compensation for their injuries regardless of which driver was at fault for the accident. For example, if the driver of the vehicle you were in was responsible, you can claim compensation from their insurance. Alternatively, if the other driver was at fault, you can claim against their insurance.

Proving which driver’s negligence caused the accident is still necessary.

Claiming compensation for a fatal car crash

Although compensation cannot heal the emotional trauma of losing a loved one, our solicitors are here to help if you choose to take action. We can assist if you were financially dependent on the deceased or if you’ve incurred costs such as funeral expenses as a result of their passing. Please reach out to our compassionate advisors if you have any questions about how we can support you.

Can I file a claim against the local authority?

Under the Highways Act 1980, local authorities have a duty of care to maintain the roads in their area. This means they must conduct regular inspections and promptly repair identified problems.If you can show that the council failed to identify and repair a significant issue, such as a large pothole, which then caused an accident, you may be able to claim compensation from the council for any injuries sustained.

However, proving that the council did not fulfil its duty of care can be a complex and lengthy process. Therefore, we recommend discussing your case with one of our specialist advisors for free legal advice on your options.

How long do I have to file a car accident claim?

Car accident claims have a 3-year time limit, which typically starts from the date of the accident. However, in some cases, this period may begin later if your injuries were not diagnosed immediately.

Claims involving children do not have the same 3-year limitation. Instead, a litigation friend (as explained here) can help the child make a claim at any time before their 18th birthday.

For individuals without the mental capacity to manage a claim, the limitation period is also suspended. They can file a claim whenever their capacity is regained, or a litigation friend can do so on their behalf at any time.

We strongly recommend starting your claim as soon as possible to give your solicitor ample time to gather evidence to support your case.

No Win, No Fee claims

Imagine benefiting from the expertise of a specialist solicitor without risking your own money – that’s exactly how No Win, No Fee works.

If one of our car accident claims solicitors accepts your case, you won’t need to:

  • Pay your solicitor upfront.
  • Cover their fees if your claim isn’t successful.
  • Worry about solicitor’s fees during the claims process.

Instead, your solicitor will work on a No Win, No Fee basis, meaning you’ll only pay a ‘success fee’ if you receive compensation.

This arrangement is formalised in a Conditional Fee Agreement (CFA), which details the work your solicitor will do and the conditions under which they’ll be paid.

If you choose to proceed, you’ll agree that your solicitor can deduct an agreed percentage (up to 25%) of your compensation to cover their costs if your claim is successful.

To find out more about No Win, No Fee car accident claims, please call today.

How long do car accident claims take?

The duration of a car accident claim can vary significantly depending on several factors, including the severity of the injuries, proving who was at fault, and the overall complexity of the case. Here’s a more detailed look at how long car accident claims might take:

  • Minor injuries with clear liability. If you’ve suffered minor injuries and the other party accepts liability quickly, the claims process can be relatively straightforward and quick. Typically, such cases might be resolved within 6 months. This scenario assumes that there are no disputes over the cause of the car accident or the damages claimed, allowing for a smoother and generally faster process.
  • Moderate to severe injuries. In cases where injuries are more serious and have long-term effects, the car accident claims process usually takes longer. This is because it requires a detailed assessment of medical reports, ongoing treatment costs, and possibly expert testimony on the future impact of the injuries. These claims can take anywhere from 1 to 3 years, depending on the complexity and the time it takes to fully understand the medical implications.
  • Disputed liability. If there is a dispute over who is at fault for the accident, or if multiple parties are involved, the process can take longer. Establishing who was at fault may require gathering extensive evidence, including accident reconstruction reports, witness statements, and expert testimony, which can extend the timeline significantly.
  • Negotiation and court. The length of the claims process can also depend on how negotiations proceed. If an agreeable settlement is reached early in the process, the claim can be resolved faster. However, if negotiations stall or if the case goes to court, it can mean the claim takes significantly longer.

It’s important to discuss these factors with your solicitor as they may be able to expedite the process where possible.

Start a car accident compensation claim today

Please get in touch if you’d like us to help you claim compensation following a car accident. Our team can be reached on 0800 652 1345. You can call or use live chat to get free advice about your options and we could appoint a No Win, No Fee solicitor if your claim is suitable. Or if you’d like to arrange for a callback, please use the form on this page.

If you have any further questions about filing a car accident claim, please call today to raise them with one of our specialist advisors.

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