If you’ve been injured in a car accident and it wasn’t your fault, you could be eligible to claim car accident compensation.
It doesn’t matter if you were the driver, a passenger, or a pedestrian injured in the crash. If you’ve been injured as a result of a car accident that was caused by someone else’s negligence, you could be compensated for your injuries sustained and the potential lost income.
To find out more about making car accident claims, get in touch with a trained legal adviser for free on 0800 234 6438. Or, if you’d prefer, you can fill in one of the secure contact forms and they’ll call you back.
If you’ve been injured because of a car accident that wasn’t your fault, you could be eligible to make a personal injury claim.
As with all personal injury claims, the first thing that needs to be established is whether your accident was caused by someone else’s negligence.
If it was not caused by negligence then there is no case for compensation, because if it was your fault then why should anyone pay for your injuries?
We understand how traumatic being involved in a car crash can be, and even minor car accidents can cause painful, long-lasting injuries. But to help claim car accident compensation, you need to start building your case as soon as the accident happened.
As soon as possible, seek medical attention at the hospital or with a private doctor. Even if you don’t think that you’ve been seriously injured, it is important to have your injuries checked out by a professional.
Not only will this mean you’ll get the treatment you need before your condition gets worse, but the medical evidence can also help when it comes to making a car accident claim.
Besides, if you do not have treatment and then later find out that someone else was at fault for the accident, then they could take advantage of this fact by claiming that they were not responsible for any damages or injuries caused by their negligence in the accident.
After a car accident that wasn’t your fault, it’s important to keep a close eye on your symptoms and note how your injuries are affecting your life.
This can help you better understand what kind of compensation may be due to you after the accident.
Here are some things to consider:
If you’re in an accident that wasn’t your fault, you’ll want to take notes about what happened right after the crash.
You should try to get as much information as possible while you’re still at the scene of the accident to give you the best chance of making a successful claim.
You may be able to use this information if the other driver blames you for causing their injuries.
A few things to write down are:
First and foremost, you’re going to want to take some photos of the damage to all vehicles involved in the accident. This will help with your claim later on.
A police report can provide the evidence you need of the crash including detailing who was at fault, or confirming collisions involving uninsured drivers or hit-and-run drivers.
If a police officer is on the scene, ask them for a copy of the crash report. The officer may be able to give you a copy right then and there, but they’ll more than likely have to go back to the station and you get it later in the day.
If it’s not possible to get one right away, ask them if they can give you a time when they think they’ll be able to provide you with this information.
To find out more about how to make a car accident compensation claim, get in touch with a trained legal adviser on 0800 234 6438 as soon as possible.
They’ll be able to let you know whether they think you can make a claim and will be happy to answer your questions.
You can only claim car accident compensation if you were injured as a result of someone else’s negligence. But what causes car accidents that result in compensation claims?
Here are a few examples:
While you may be driving at or below the speed limit, excessive speed can still cause a crash. The severity of a car accident increases exponentially when traveling even a fraction over the speed limit.
In fact, an increase in just 5 mph above the limit can increase your risk of being involved in a severe accident by as much as 8 times.
Drunk driving is one of the most common causes of car accidents. Alcohol impairs vision, reaction time, balance and judgment. When you drive while impaired by alcohol or drugs, you are putting yourself at risk for injury or even death.
Fatigue is one of the most common causes of car accidents. It can result from long hours at work or school, lack of sleep because you’ve been staying up late watching Netflix, or even physical pain (e.g., your back hurts and so you sit in an awkward position while driving).
Dangerous weather conditions can affect visibility, road conditions and driver reaction time. Weather is unpredictable, so you may need to adjust your driving style or route as a result.
Here are some examples of dangerous weather conditions:
Distracted driving is one of the leading causes of car accidents.
Distracted driving includes any activity that distracts you from driving, including eating, talking on the phone, and texting. When you use your phone while driving—whether it’s to check a text or make a call—you’re increasing your risk for an accident by up to 400%.
There are several ways to avoid causing an accident due to distracted driving:
The most common cause of car accidents is ignoring traffic signals and signs. Don’t drive through a red light or stop sign, even if no one else is around. You are setting yourself up to get into an accident if you do this.
Tyre blowout and vehicle malfunction can have disastrous results, as well as cause serious injuries and even death.
You should always be on the lookout for any warning signs that your tyres aren’t working properly.
Because of the nature of car crashes, the types of injuries can range from minor scrapes and bruises to serious, lifelong disability. Cars can also be involved in accidents with larger vehicles, such as busses or lorries, which can cause particularly serious injuries.
Find out more about bus accident claims.
If you were involved in a car accident and it wasn’t your fault, it’s likely we can help you claim for almost any type of injury, such as:
Find out more about making a whiplash injury claim.
If you’ve been involved in a car accident and it wasn’t your fault, you should claim compensation, because if your case is successful and you win, you could receive compensation for all of the following:
You are entitled to be compensated for any physical harm that was caused by the accident, even soft tissue injuries. This includes medical expenses, lost wages, pain and suffering, and more.
If someone else’s negligence caused your car accident, you may be able to receive compensation for any financial losses associated with it as well—like medical bills or property damage that wasn’t covered by the other driver’s insurance company.
If you suffered serious injuries in an car crash, then this could lead to ongoing pain throughout each day as well as emotional distress due to fear of what might happen next – will my injury get worse? Will I ever be able to work again?
How much compensation will you receive following your car crash claim? Unfortunately we can’t say as the exact amount is unique to each car accident injury claim.
The car crash compensation payouts you receive is usually split into two parts – general damages and special damages.
This means you’ll be covered for the pain and suffering caused by your accident, as well as any financial impacts it’s had on you and your family.
We’ve included some more information about the different types of damages below:
Covers any pain and suffering caused by the injuries you’ve suffered. General damages will also be awarded for any impact on your day-to-day life – for example, if you’ve missed out on any hobbies or sports.
Cover any out of pocket expenses caused by your accident. This includes loss of earnings, medical expenses (and any ongoing medical expenses), travel costs, equipment and care, as well as any necessary modifications to your home.
How much injury compensation could you be entitled to? According to the Judicial College injury tables, guidance for general damages is:
The length of time it takes to make a car accident claim can depend on how complex your case is and how serious your injuries are, as well as:
If you have less serious injuries, then your claim could be settled in a matter of months if the other party accepts liability straight away.
But if you’re seriously injured, if the other side deny liability, or your case has to go to court, it can take much longer.
If it’s taking a long time for a settlement to be reached and you’re running short of money because of your injuries, it might be possible for your lawyer to help you get an ‘interim payment’.
This is an amount of compensation which can be paid to you before your final settlement to cover any immediate costs. Your personal injury solicitor will talk this through with you.
To find out more about making car accident claims, get in touch with a trained legal adviser for free legal advice on 0800 234 6438. Or, if you’d prefer, you can fill in one of the secure contact forms and they’ll call you back.
If your car accident was caused by an uninsured or untraced driver, then you might still be able to make a claim.
The Motor Insurers’ Bureau (MIB) was created to provide compensation in these cases. It’s funded by a small contribution from every vehicle insurance premium taken out in the UK.
If you’re involved in a hit and run accident, you should:
If you have comprehensive insurance cover you need to claim for any damage to your vehicle from your own insurer – since August 2015 the MIB will only consider vehicle damage claims if you don’t have comprehensive insurance.
You can, however, claim from the MIB for any personal injury you have suffered.
If your car accident was partly your fault, you may still be able to claim compensation, but it might be a smaller amount depending on how much the court thinks you’re to blame for your injuries.
The case law shows there are no hard and fast rules as to how much your compensation will be reduced by if contributory negligence (as it is known) is found – this will be decided on a case by case basis.
For example, in Owens v Brimmell (1977), the claimant’s compensation was reduced by 20% because he knew the driver was drunk when he got in the car with him.
However, in Traynor v Donovan (1978), the court awarded the full compensation amount because the claimant didn’t know when he got in the car that the driver was so drunk that he couldn’t properly control the vehicle.
Contributory negligence has also been found – and compensation reduced as a result – in cases where the claimant was turning right from a main road and was hit by another vehicle attempting to overtake (Joliffe v Hay (1991) – compensation was reduced by 30% because he had only used his mirrors once); and where the claimant was not wearing a seatbelt (Froom v Butcher (1976)).
Road accidents can be particularly traumatic if your child was injured as result. We can’t take away what you or your child has been through, but an expert solicitor can help you make a compensation claim on their behalf.
You can make a claim on behalf of your children any time up until they turn 18. Alternatively, they can make a claim for themselves up to three years after their 18th birthday.
In 2010, the government unveiled the Road Traffic Accident Personal Injury Scheme (also called the Claims Portal) with the aim of reducing the time and costs of lower-value personal injury claims arising from road traffic accidents.
Initially, the scheme covered compensation claims where the expected value was between £1,000 and £10,000, however, the upper limit was increased in 2013 to £25,000. The main target of the scheme is to have any qualifying claims settled within six months.
If your car accident claim is valued at £25,000 or less, you should receive your compensation a lot quicker than pre-2013. The scheme also simplifies the whole process of claiming compensation, removing a lot of the stress involved.
Road Traffic Accidents have a unique protocol, meaning they are slightly different from other personal injury claims.
This is known as the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents and should be followed for any road accident compensation claim worth £25,000 or less.
The Pre-Action Protocol acts as a guideline on how the use and cost of medical reports are controlled and time limits for when information should be sent.
It also sets guidelines on interim payments and when they should be made, if they are applicable.
If one party unreasonably fails to abide by the Protocol, the court may order costs against them too.
The secure exchange of information about your claim is also facilitated by the Claims Portal, or RTA Personal Injury Scheme.
There is a time limit for claiming compensation and that is 3 years from the date of the car accident, or 3 years from when an injury is diagnosed by a medical professional, as a result of a car crash.
In some cases the time limit can be extended, however you may need to seek legal advice if you wish to start a claim after the 3 years has expired.
There are exceptions to the 3 year time limit and that is if children have been injured in a car crash. As a parent you have up until their 18th birthday to claim. If you don’t claim, the child has 3 years following their 18th birthday to claim.
To ensure you don’t miss out on compensation that is rightfully yours, we suggest submitting a claim sooner rather than later.
To find out more about making a no win no fee claim, get in touch with a trained legal adviser for free legal advice on 0800 234 6438. Or, if you’d prefer, you can fill in one of the secure contact forms and they’ll call you back.
Starting a car accident claim with an expert personal injury solicitor is simple.
The first step is to get in touch with a trained legal adviser for free on 0800 234 6438 to find out whether you’re eligible to make a claim.
The advisor will ask you some questions about your accident and the injuries sustained while on the phone; this is so they can get a better understanding of what you’ve been through.
You’re under no obligation to go ahead with a claim when you speak to an adviser, so if you’re just looking for answers to your questions, that’s fine too – they’re happy to help.
If you do decide you’d like to take the next steps, the adviser can put you in touch with an experienced car accident solicitor on the same call. They’ll then run you through the claims process in a bit more detail and how no win no fee claims work.
Then, if you’re still happy to go ahead, your solicitor will get in touch with the other party and will negotiate on your behalf. Your solicitor will do most of the hard work for you, but will stay in touch and keep you updated on how your case is going.
When you claim through claims.co.uk, you’re under no obligation to make a claim when you call. But if you’ve been injured in a car crash that wasn’t your fault, it’s unfair that you should put up with being in pain, or being out of pocket.
To find out more about no win no fee car accident claims, get in touch with a trained legal adviser for free legal advice on 0800 234 6438. Or, if you’d prefer, you can fill in one of the secure contact forms and they’ll call you back.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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