In this guide, we will address the question, “how do I make a claim after a car accident?” Have you been involved in a car accident? Was this caused by negligence? If so, and you were injured as a result of the accident, you could be entitled to claim.
In this guide, we’ll look at the process of claiming for a road traffic accident, showing how settlements are valued and how car accidents can happen. We’ll also provide guidance on No Win No Fee arrangements and their benefits.
Here at No Win No Fee Claims Care, we have a team of experienced advisors that are available to answer your questions. Additionally, our advisors can assess your claim for free. They can be reached through the following means:
- Call us on the number at the top of the screen.
- Contact us through our online forms
- Talk to one of our advisors about your claim through our live chat feature
Choose A Section
- How Do I Make A Claim After A Car Accident?
- Calculating Compensation For Car Accidents
- Explaining A Car Accident
- Evidence To Support A Car Accident Claim?
- Why Do I Need A No Win No Fee Agreement?
- More Information – How Do I Make A Claim After A Car Accident?
How Do I Make A Claim After A Car Accident?
There are certain circumstances where you may be able to make a claim after a car accident. You will need to show that:
- You were owed a duty of care
- This duty of care was breached
- You were injured as a result of the accident that happened
There are a number of ways that a car accident can happen. Types of car accidents can include:
- Head on collisions
- Pedestrian accidents
- Collision with a cyclist
- Rear-end collisions
- Collisions while merging
- Accidents at a junction
The Road Traffic Act 1988 is a piece of government legislation that outlines the duty of care of drivers and informs other publications, such as the Highway Code.
Even though the Highway Code isn’t a piece of legislation, there are sections which all road users must follow. This is because some of the rules in the Highway Code are elsewhere backed up by law.
Therefore, if you require any further information or need an answer to the question, “how do I make a claim after a car accident?”, then speak with us today.
Calculating Compensation For Car Accidents
When you claim, you could receive:
- Special damages: Compensation for financial losses
- General damages: Compensation for the suffering caused by any psychological or physical injuries that you have suffered.
The Judicial College Guidelines (JCG) is a set of guidelines that legal professionals use to help them value general damages for claims. They are based on previous compensation awards that have been made.
We have created the table below based on brackets from these guidelines:
Form of injury | Compensation Brackets | Description of the injury |
---|---|---|
Brain Damage: (a) Very Severe | £282,010 to £403,990 | Some ability to follow basic commands and basic sleep-wake patterns this bracket includes injuries which could prevent following basic commands. |
Pelvis And Hip Injury: (a) (i) Severe | £78,400 to £130,930 | Pelvis fractures are extensive. Some injuries include dislocations in the lower back and the bladder being ruptured. |
Neck Injury: (a) (ii) Severe | £65,740 to £130,930 | Damage to the spine, involving the discs, leading to fractures. |
Mental Injury: (a) Severe | £54,830 to £115,730 | All aspects of life are affected with a poor prognosis. |
Arm Injury: (b) Permanent and Substantial Disablement | £39,170 to £59,860 | There are fractures to one or both forearms which are serious enough to cause a permanent disability, either functional or cosmetic |
Chest Injury: (c) | £31,310 to £54,830 | Damage to chest and lungs. |
Neck Injury: (b) (i) Moderate | £24,990 to £38,490 | Fractures or dislocations causing immediate or severe symptoms. |
Elbow: (b) Less Severe | £15,650 to £32,010 | There is some impairment to function however there isn’t the need to have a major surgery. |
Shoulder Injury: (c) Moderate | £7,890 to £12,770 | Injuries resembling a frozen shoulder, limited movement and some discomfort. |
Digestive System Injury: (a) (iii) | £6,610 to £12,590 | Cases of serious seatbelt pressure causing a penetrating stab wound. |
Furthermore, if you’re an adult driver or passenger and you have sustained injuries that, according to the JCG, are worth £5,000 or less, your claim would need to be made through an online portal according to the Whiplash Reform Programme. Furthermore, your injuries would be valued in accordance with the Whiplash Injury Regulations 2021, although these tariff amounts could still apply to claims not made through the portal.
If you need any further information or advice on the forms of compensation that you could receive in a car accident claim, or if you’re wondering, “how do I make a claim after a car accident?”, speak to one of our advisors today.
Explaining A Car Accident
There are several things that road users are expected to do to ensure the safety of themselves and others on the road. They include:
- Following road markings and traffic signs. For example, if there is a give-way line at a junction, then the emerging vehicle should wait until the road is clear.
- Keeping their attention on the road. Distractions while operating a vehicle on the road could be dangerous. For example, if a driver checks their phone, they could fail to see a red light at a pedestrian crossing, resulting in them hitting someone who is crossing the road.
- Abiding by speed limits. Driving too fast can increase the time it takes you to stop, which could cause an accident.
Speak to one of our advisors today to see whether you have a valid claim
Evidence To Support A Car Accident Claim
After an accident, there are certain steps that you can take to collect evidence. If you have clear, quality evidence to support your case, then this could help you make a successful claim.
Below, we’ve included examples of the kinds of evidence you could provide:
- Medical records. You should seek out medical attention if you’re in an accident in which you’re injured. This will make sure you’re treated and will generate records that can support your case.
- Gather the contact details of witnesses. This could mean that a statement can be taken later.
- Photographs of the injury as it heals, as well as the scene of the accident.
- Video proof of the accident through CCTV or dashcam footage.
There are time limits set in place by the Limitation Act 1980 that apply when making a claim. You have three years from the date of the car accident that caused your injuries, either physical or psychological, to start your claim.
There are exceptions to this time limit, however. Our team of advisors can let you know if any of these apply to your circumstances. If you require any more information on how to make a claim after a car accident, get in touch with us today.
Why Do I Need A No Win No Fee Agreement?
Conditional Fee Agreements (CFA) are a kind of No Win No Fee arrangement. These can be used to fund legal representation in your claim. Working with a lawyer isn’t a legal requirement; however, there are many advantages to doing so.
With a Conditional Fee Agreement in place, you won’t pay your lawyer any upfront or ongoing fees for the work they do. Furthermore, if you aren’t awarded compensation, then you won’t pay them for their services.
If you are awarded a settlement, then your lawyer will take a percentage of this as a success fee. The portion of your compensation that they can take is legally limited, so you will always receive the majority of the compensation you’re awarded.
The result of your case will determine whether you have to pay for the services that a solicitor has provided. Known as a success fee.
Ask Us “How Do I Make A Claim After A Car Accident?”
We hope the information in this guide has been helpful to you and answered the question ‘how do I make a claim after a car accident?’
Our team of advisors are available to answer any questions, offer guidance and advice about the claims process. They can also assess your claim for free.
They can also put you in touch with a road traffic accident solicitor from our panel if they believe your claim is valid. To get in touch, you can:
- Call us on the number at the top of the page
- Contact us through our online form
- Talk to one of our advisors about your claim through our live chat feature
More Information – How Do I Make A Claim After A Car Accident?
Below we have included links to some resources that could help you:
Below we’ve included more of our guides for your reference, too:
- Public liability claim examples
- Can I sue my doctor for negligence?
- How to make an accident at work claim
- Slip, trip and fall payout examples
If you have any more questions about how to make a claim after a car accident, speak to one of our advisors today.
Writer Lizzie Watts
Publisher Fern Sykes