Car Accident Personal Injury Claims Guide

This article will explain the car accident personal injury claims process and address whether you could be eligible to make a personal injury claim due to another road user’s negligence.

Car accident personal injury claims guide

The guide will focus on what potential accidents could happen on the road. We’ll also look at the duty of care road users owe each other and how this can be breached. If you have been injured in a road accident because of negligence, you may be eligible to make a claim.

If you would like free legal advice on claims, contact our advisors. They could connect you with a personal injury solicitor from our panel, provided that you have a valid claim.

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Choose A Section

Could I Claim Compensation After A Car Accident?
Potential Accidents On The Road
Defining A Road User’s Duty Of Care
How Much Could I Receive After A Car Accident?
Could I Have A No Win No Fee Solicitor For My Car Accident Claim?
Discover More About Car Accident Claims

Could I Claim Compensation After A Car Accident?

All road users owe each other a duty of care, including pedestrians, cyclists, motorcyclists and motorists. Because of updates to the Highway Code that were made in January 2022, this duty of care is no longer equal, and those who pose the greatest risk of harm have the greatest responsibility to those who are the most vulnerable.

Despite this, it’s still the responsibility of all road users to act in a way that reduces the risk of injury to everyone else. All road users need to conduct themselves with the standard of care and skill of the average motorist. If they fail to do so, this could cause an accident that results in injuries.

In some cases, you might be able to claim compensation even if your actions contributed to the car accident occurring. This is called a split liability claim, and your compensation is reduced according to how liable for the accident they were.

In addition to this, you could claim as the passenger in a vehicle that was at fault for the accident. For example, if you were on a bus and the driver’s negligence caused you to be injured, you could claim.

Car Accident Statistics

According to the Reported road casualties Great Britain, annual report: 2020, there were an estimated 115,584 casualties of differing severities in 2020. This shows a decrease of 25% from 2019.

In 2019, there were 22980 serious road accidents in comparison to the 18,355 in 2020, consisting of a drop of roughly 20%.

Potential Accidents On The Road

As we have already mentioned, all road users owe one another a duty of care. This duty of care is the same whether a road user has been driving for years, or has only recently passed their test.

Below, we have included some examples of a breach of duty of care on the road. We have also explained how these could lead to a car accident:

Failing to pay proper attention to the road. If a driver does not pay attention to the road this could cause an accident. For example, a driver may be checking their mobile phone and fail to check it is safe before turning into a junction. This could cause them to hit a cyclist, resulting in a cycling accident.
Speeding. All drivers need to obey the speed limits on the road. Failure to do so could result in a driver not having enough time to react to a hazard, causing them to crash.
Dangerous overtaking. In some cases, a driver might overtake when they don’t have the space to do so. This could cause them to collide with the side of a vehicle travelling ahead.
Failure to keep a safe stopping distance. The vehicle in front may need to make an emergency stop at any time. For this reason, it’s important that a safe stopping distance is left between your car and the car in front.

This list is not exhaustive, and there may be ways that you are injured on the road that we have not mentioned above. For an assessment of the validity of your car accident claim, why not speak with an advisor today?

Defining A Road User’s Duty Of Care

If you want to make a personal injury claim, you must gather evidence to support that another road user has breached their duty resulting in your injury.

If a third party’s negligence directly resulted in your injury, you may have a basis for a personal injury claim. Some examples of negligence could include:

Driving while under the influence of drink or drugs
Motorcyclists without high-vis clothing that aren’t noticeable in the dark
HGV drivers running red lights

In order to prove another road user’s negligence and file your car accident claim, you must be able to provide evidence showing they breached their duty of care. Some examples of evidence you could collect includes:

Medical records – Seek the medical help you need to ensure your wellbeing. Medical records can strengthen your claim, too.
CCTV footage – Footage from dashcams, CCTV or that was recorded bystanders can be used to support your claim.
Pictures of the injury and accident site – Take photographs of any injuries sustained, the accident site, and the vehicle, if you were using one.
Witness contact information – Gather witness details for a professional to collect statements at a later date.

Furthermore, in such instances where you’re involved in an accident with an uninsured or untraced driver, you may be able to make a claim through the Motors’ Insurers Bureau (MIB).

For any more information on road traffic accident claims, get in touch with our team of advisors today.

How Much Could I Receive After A Car Accident?

The amount of compensation you may be eligible to claim as part of your car accident will depend on your circumstances. These accidents can cause serious injury and, in some cases, can be fatal.

A personal injury claim can consist of general and special damages. General damages cover the pain suffered due to the injury. This can include physical and psychological suffering, for example, Post Traumatic Stress Disorder (PTSD). The Judicial College Guidelines (JCG) outline guideline compensation brackets for certain injuries at varying levels of severity.

The following table outlines some of the brackets from these guidelines:

Injury	Compensation	Notes
Severe Neck Injury	In the region of £139,210	Incomplete paraplegia leading to permanent spastic quadriparesis or where despite wearing a collar constantly for years. Restricted or limited movement, suffering from severe headaches which are uncontrollable.
Moderately Severe Post-Traumatic Stress Disorder	£21,730 to £56,180	Some recovery with professional help. Effects likely to cause notable disability for the future.
Minor Back Injury (ii)	£2,300 to £7,410	Where a full recovery happens between three months and two years. Injuries exacerbated or accelerated usually less than two years.
Moderate Shoulder Injuries (c)	£7,410 to £11,980	Frozen shoulder with movement limited, uncomfortable with symptoms lasting for around two years. Injuries to soft tissues lastign after tow years but impermanent.
Fracture of Clavicle (e)	£4,830 to £11,490	Dependent on fracture, lasting symptoms, disability level, and if the injury is permanent or temporary. If the union is anatomically displaced.
Simple Fractures of the Forearm (d)	£6,190 to £18,020	Simple forearm fractures.
Wrist Injury (b)	£22,990 to £36,770	Notable lasting disability, some movement remains.
Less Serious Hand Injury (g)	£13,570 to £27,220	Severe crushing injury leading to notable function impairment without future surgery or despite optimal treatment.
Serious Leg Injuries (iii)	£36,790 to £51,460	Serious compound fractures or joint and ligament injuries leading to prolonged treatment, instability, non-weight-bearing. Near certainty that arthritis will follow and scarring.
Moderate Foot Injury (f)	£12,900 to £23,460	Metatarsal, displaced fractures causing deformity and lasting symptoms. Long-term osteoarthritis risk with chance of surgery.

Additionally, you may be eligible to claim special damages as part of your claim. Special damages can cover the financial costs incurred as a result of your injuries. These may include:

Loss of income and future earnings
Travel expenses to and from medical appointments
Medical care that the NHS cannot provide

For free legal advice on the amount of car accident compensation you may be eligible to claim, contact our advisors today.

Could I Have A No Win No Fee Solicitor For My Car Accident Claim?

You do not need to hire a solicitor to make a personal injury claim. However, legal help could make the process feel more straighforward. A No Win No Fee agreement is a way of funding legal representation that can be more affordable than the traditional manner.

A No Win No Fee solicitor requires no upfront costs, and you will pay nothing if your personal injury claim fails. Your solicitor will take a small percentage of your compensation if your claim succeeds.

To find out how our panel of No Win No Fee solicitors could help you with your car accident claim, get in touch with our advisors today by: