No Win, No FeeCar accidents can happen for many reasons, including careless driving, road rage, poor road conditions, and drink-driving. While some incidents may only result in minor vehicle damage, others can 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 compensation by filing a car accident claim against the responsible party.
The advisors at claimsaction.co.uk are here to help if you decide to make a claim. By calling 0800 652 1345, an advisor will guide you through the car accident claims process and review your case with you. If your case appears viable, we’ll connect you with one of our personal injury solicitors. They’ll work on a No Win, No Fee basis to make the process less stressful.
Am I Entitled to 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.
Can I Make a Claim If I Was a Passenger in the Car?
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.
Common Examples of Car Accident Claims
Car accident claims typically involve situations where injuries occur due to another driver’s negligence, poor road conditions, or vehicle defects. Common examples include:
- Collisions: If a car is involved in a Road Traffic Accident (RTA) with another vehicle, and injures a pedestrian, or cyclist due to reckless driving, speeding, or failure to follow traffic signals.
- Rear-end accidents: Often resulting from tailgating or sudden braking, these can cause whiplash and other injuries to drivers and passengers.
- Hazardous road conditions: Potholes, poorly maintained road surfaces, or missing signage can lead to accidents and may entitle you to compensation if local authorities or contractors failed to maintain the area.
- Vehicle defects: Faulty brakes, worn tyres, or other mechanical issues can lead to accidents. If an accident is caused by a vehicle defect, liability could lie with the manufacturer or mechanic responsible for maintenance.
Essentially, anyone injured in a car accident due to another party’s negligence may be entitled to compensation.
What Types of Car Accident Injuries Can I Claim For?
While it’s possible to sustain various injuries in a car accident, some of the most common you could claim for include:
- Head injuries (such as a concussion).
- Broken bones.
- Soft tissue injuries.
- Back injuries.
- Cuts and bruises.
- Lacerations and puncture wounds.
- Internal organ damage.
- Whiplash (details on the recent whiplash reforms).
Essentially, you could be compensated for any car accident injuries if the crash that caused them was because of someone else’s negligence.
What Evidence Do I Need for a Car Accident Claim?
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 Is the Time Limit to Make 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.
How Much Compensation for a Car Accident Can I Claim?
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).
- 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 Loss of Earnings Due to My Car Accident?
Yes, it may be possible for you to claim for any lost earnings that are linked to your car accident. If you can prove that you were unable to work because of your injuries and that you lost income as a result, lost earnings could be included in any compensation you’re paid.
Wage slips, tax statements and bank statements are all examples of the types of evidence that could support your claim for lost earnings.
Will I Need a Solicitor to Claim Car Accident Compensation?
No, you do not necessarily need a solicitor to make a car accident compensation claim. However, 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.
- Handle negotiations and settlements with insurance companies.
Instead, your solicitor will take care of everything 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 Will a Car Accident Claim Typically 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.
Car Accident Claims Frequently Asked Questions
Can I Make a Claim If I Was Partially at Fault for the Car Accident?
Yes, if you were partially at fault for the car accident, you could still claim compensation. In this scenario, your solicitor and the defendant’s insurer will look to establish your percentage of blame. Once that’s been established your compensation will typically be reduced based on that percentage.
Can I Make a Claim If the Other Driver Was Uninsured or Cannot Be Identified?
You could still be compensated even 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. In these situations, our solicitors can assist you with a claim made 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 If the Car Crash Was Caused by a Family Member or Friend?
Although you might not want to claim against a friend or family member, you’re perfectly within your rights to do so if the car crash was their fault.
Personal injury claims are typically covered by insurance rather than directly impacting the individual responsible. This means that if a family member or friend was at fault, their insurance policy would handle your compensation.
It’s understandable to feel hesitant about claiming against someone you know, but remember that the claim process is aimed at recovering expenses and compensation through their insurer, not from them personally.
Can I Claim Compensation for Psychological Distress?
Car accidents can often lead to psychological suffering such as distress, anxiety and Post-Traumatic Stress Disorder (PTSD). Any compensation paid for car accident injuries should, therefore, consider any form of mental harm and compensate you accordingly.
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.
