If you were injured as a result of another driver’s negligence, you could be eligible to make a car accident claim. Road users owe one another a duty of care. This is set out in the Road Traffic Act 1988. The Highway Code also offers guidance to all road users on how to conduct themselves safely.
You might be wondering, “how much can be awarded in road traffic accident claim payouts?” or “what is the eligibility criteria for making a road traffic accident claim?”. We will address these and other questions throughout this guide.
You might be wondering how a breach of duty of care on the road could lead to an accident. This guide will include examples of accidents and the injuries that you could sustain as a result.
If you have any questions about claiming, or would like an advisor to value your claim, you can:
- Fill out our online contact form with your query
- Speak with an advisor using the function at the bottom of your screen
Choose A Section
- What Are Car Accidents?
- Compensation For A Car Accident Claim
- How Do Car Accidents Happen?
- Evidence For A Car Accident Claim
- What Does A No Win No Fee Solicitor Do?
- Further Information About Making A Car Accident Claim
What Are Car Accidents?
There are various ways that a car accident can occur. However, in order to be able to make a personal injury claim, you need to prove that the accident was caused by another road user’s negligence.
You could claim compensation if you’re the non-fault driver in a road traffic accident. You could also claim if you were the passenger in a vehicle where the driver was at fault, including on public transport.
In some cases, you might be able to claim for an accident for which you were partly to blame. This is called a split liability claim. If you’re successful, the amount you
Below, we’ve included examples of some of the kinds of accidents that could occur on the road:
- Head-on collision – The front ends of two cars collide with each other.
- Rear-end crash – One car hits the back of the vehicle in front.
- Side-impact collision – Where the front of one vehicle hits the side of another.
If you’re unsure about where liability falls in your road traffic accident, then get in touch with our advisors today. You could receive a free, no-obligation assessment of your claim.
Car Accident Statistics
According to statistics released by the Department for Transport, there were 119,850 casualties of all severities on the road for the year ending in June 2021.
These were made up of:
- An estimated 1,390 deaths
- An estimated 23,140 serious injuries.
- 95,320 minor injuries to road users.
Compensation For A Car Accident Claim
If your case is won, the compensation awarded in your car accident claim could be made up of two heads. These are called general and special damages, and each of them relate to a different kind of impact that the injury has had on you.
General damages account for the pain and suffering your injuries have caused you. It also compensates you for the impact your injury has on your quality of life. For example, you may be bedridden after breaking your back and unable to socialise, work or exercise. This could lead to an increase in stress and anxiety; general damages can also compensate you for psychological injuries.
Below, we’ve included a table using figures from the Judicial College Guidelines (JCG), which is a document that includes guideline compensation brackets for a range of different injuries. The JCG is a document that legal professionals use to aid them in valuing claims.
Whilst these figures have been drafted to help you understand how much compensation you might be owed, each claim is unique. Therefore, these figures should only be used as guidance.
| Injury | Bracket | Details |
|---|---|---|
| Neck- Severe (i) | In the region of £148,330 | Where paraplegia occurs, although is incomplete, and the injured person's neck movement is still restricted despite years of wearing a collar constantly. |
| Neck- Moderate (ii) | £13,740 to £24,990 | Could include soft tissue injuries or lesions to the discs of the spine. |
| Leg- Serious | £39,200 to £54,830 | Serious fractures that are compound or comminuted. Results in instability and a long period of treatment. |
| Leg- Less serious (i) | £17,960 to £27,760 | Where a fracture occurs and a recovery has been made, but it's incomplete. |
| Shoulder- Severe | £19,200 to £48,030 | These kinds of injuries might be associated with neck injuries where the brachial plexus is damaged. |
| Chest | £12,590 to £17,960 | Where tissue has been damaged permanently by a simple injury, but there hasn't been a long-term impact on lung function to a significant degree. |
| Foot- Modest | Up to £13,740 | Simple fractures to the metatarsals or ruptures to ligaments. |
| Arm Injuries | £6,610 to £19,200 | Simple fractures to the forearm |
| Wrist | £12,590 to £24,500 | Injuries that despite their lesser severity still cause some permanent disability. |
| Wrist | In the region of £7,430 | A Colles' fracture that is uncomplicated. |
Furthermore, special damages look to compensate you for the financial losses that have been suffered due to your injuries. For example, if you are unable to walk to work as a result of breaking your leg and have to get taxis for a prolonged period of time, you can claim back your travel costs.
Other examples of special damages can include (but are not limited to):
- Medical expenses
- Care costs
- Home adaptations
It is imperative to keep hold of all receipts or invoices to be fully compensated for special damages. If you would like to find out how much compensation you could be owed for a car accident claim, speak to a member of our team today. They offer free legal advice and may be able to help you when making a claim.
Whiplash Reform Programme
In 2021, the Whiplash Reform Programme was introduced. This changed the way that low-value personal injury claims are made.
If you are a driver or passenger over the age of 18 and your injuries are worth £5,000 or less, then your claim needs to be made through a claims portal. Furthermore, your compensation will be valued in accordance with the Whiplash Injury Regulations 2021 tariff amounts. These tariff amounts might still apply in claims that are not made through this portal.
How Do Car Accidents Happen?
Every road user has a duty of care towards other users of the road. If they act negligently, then this could cause an accident in which injury occurs.
Changes to the Highway Code that were made in 2022 introduced a hierarchy of road users. This means that now, the responsibility for keeping others safe on the roads is most heavily placed on those road users who have the greatest potential to cause harm. However, this does not negate that all road users owe one another a duty of care.
Below are some examples of how negligence could lead to a car accident:
- A driver may be on their phone and fail to see that the traffic in front has stopped. This could result in them hitting your vehicle from behind.
- Another driver might collid with the side of your vehicle after not checking that the road is clear before pulling out of a junction. As a result, you suffer a shoulder injury.
- You could be involved in a head-on collision because another driver overtook a cyclist too close to a bend in the road.
If you have been involved in an accident caused by another road user’s negligence and suffered an injury, you might be entitled to make a claim. If you have a valid case, our advisors may be able to put you in touch with a car accident claim solicitor from our panel.
Evidence For A Car Accident Claim
The steps you take in the aftermath of your accident impact the strength of your case. As stated, you must prove that another road user has breached their duty of care in order to claim. You will also be expected to provide evidence showing the impact that your injuries have had on you.
There are various forms of evidence that you can gather to help prove this. Some examples can include but are not limited to:
- Medical records – After sustaining an injury in an accident, it is important to seek medical attention. This will make sure your injury is treated and will also provide medical records that can help strengthen your claim.
- Gather witnesses’ details – Take down the contact details of any witnesses so a legal professional can contact them for a statement.
- Photographic evidence – It may be useful for you to take photos of your injuries, the scene of the accident or your vehicle.
- CCTV footage – Gather any CCTV or dashcam footage of the incident.
Lastly, seeking legal advice from a legal professional can be very useful. A road accident solicitor’s experience and expertise could help you throughout the process of claiming.
You can speak to one of our advisors who may be able to connect you with a car accident claim solicitor, provided you have a valid claim.
What Does A No Win No Fee Solicitor Do?
Our panel of solicitors may be able to work on your claim with a Conditional Fee Agreement in place. This is a kind of No Win No Fee agreement, which is a way of funding the work of a legal representative.
Under this agreement, there are no fees to pay to your solicitor upfront or whilst your claim is ongoing. It also means that you don’t have to pay any solicitor fees for their services at all if your claim is unsuccessful.
However, a legally capped success fee will be taken from the car accident claim compensation you are awarded if your claim is successful. This stops you from being overcharged and means you will receive the majority of your settlement.
Make Your Car Accident Claim Today
Using a No Win No Fee solicitor can be very beneficial in ensuring you don’t incur large legal fees without the guarantee of being awarded any compensation in return.
They can also use their legal experience to make sure that all aspects of your claim are covered. Please, do not hesitate to get in touch. You can do so by:
- Fill out our online contact form with your query
- Speak with an advisor using the function at the bottom of your screen
Further Information About Making A Car Accident Claim
Here we have provided some further information related to car accident claims that you may find useful:
- THINK! – Road Safety Laws
- GOV – First Aid On The Road
- The Motor Insurers’ Bureau could help you if you’ve been involved in an accident with an uninsured or untraced driver
We have also included some more of our own guides for you to read:
A guide on how to make an accident at work claim.
We have a guide detailing slip and fall compensation payout examples
This guide could be useful if you are thinking, “can I sue my doctor for negligence?”
If you’d like to know more about public liability claim examples, then read our article.
Thank you for reading our guide on making a car accident claim. Again, if you have any queries, please do not hesitate to get in touch.
Writer Beck Parkins
Publisher Fern Sykes