If you are looking for information regarding car injury claim payouts, this guide may be of help to you. We will explore how settlements are calculated and look at what you could be awarded if you make a successful personal injury claim following a road traffic accident.
A guide on car injury claim payouts
In addition, key aspects of the road traffic accident claim process will be explained. For example, we will explore the eligibility criteria that must be met in order to make a personal injury claim as well as the time limits for doing so.
Furthermore, we will look at the evidence that can be gathered to strengthen your case.
Finally, we will discuss the services that the solicitors on our panel could offer to help you seek compensation.
If you have any queries, you can also contact our team of advisors. They are available to offer free advice regarding your potential claim. To reach them, you can:
- Call on 0113 460 1216
- Contact us online
- Talk to an advisor using the live chat feature below.
Jump To A Section
- Potential Car Injury Claim Payouts
- When Are You Eligible To Claim Compensation After A Road Traffic Accident?
- Examples Of Driver Negligence That Could Lead To A Road Traffic Collision
- Evidence That Could Help You Receive Car Accident Compensation
- Can I Claim For A Road Accident On A No Win No Fee Basis?
- Learn More About Car Injury Claim Payouts
Potential Car Injury Claim Payouts
Car injury claim payouts can comprise two heads of claim. Firstly, you could be owed general damages for any pain and suffering, both physical and mental, that is caused by your injuries.
We have included a table of compensation amounts, some of which have been taken from the Judicial College Guidelines (JCG). This is a document that includes guideline compensation brackets that correspond to different types of injuries. Solicitors can use these figures to value the general damages portion of car accident claim settlements.
You should use the figures from the JCG as a guide. However, the last two entries in the table are from the tariff outlined in the Whiplash Injuries Regulations 2021 and are fixed amounts.
Compensation Amounts
| Injury | Severity | Notes | Compensation Bracket |
|---|---|---|---|
| Arm | Amputation (a) | Both arms are lost and the person is reduced to a state of considerable helplessness. | £240,790 to £300,000 |
| Leg | Amputation (a) (i) | The amputation of both legs. | £240,790 to £282,010 |
| Head | Moderate (c) (ii) | An intellectual deficit of a moderate to modest nature alongside the ability to work being reduced. There is also some risk of epilepsy. | £90,720 to £150,110 |
| Neck | Severe (a) (ii) | An injury that includes a severe fracture or damage to the discs in the cervical spine, causing disabilities of a significant severity. This can include permanent brachial plexus damage. | £65,740 to £130,930 |
| Foot | Amputation (b) | One foot is amputated resulting in the loss of the ankle joint. | £83,960 to £109,650 |
| Knee | Severe (a) (i) | An injury that has caused joint disruption alongside other issues such as considerable pain and function loss. | £69,730 to £96,210 |
| Back | Moderate (b) (i) | Cases where surgery is required due to a prolapsed intervertebral disc. | £27,760 to £38,780 |
| Shoulder | Serious (b) | A fractured humerus causing restricted shoulder movement. | £12,770 to £19,200 |
| Whiplash | One or multiple whiplash injuries | Symptoms last between 18-24 months. | £4,215 |
| Whiplash | One or more whiplash injuries with one or more psychological injuries | Symptoms last between 15-18 months. | £3,100 |
Can I Claim Special Damages?
You could also be awarded special damages if you incur any monetary losses due to the injuries you sustain. This head of claim could reimburse you for:
- Loss of earnings
- Care costs
- Medical bills
- Home adaptation costs
- Travel expenses
You should provide evidence of these losses in the form of receipts and payslips when claiming them back.
How Do You Make A Whiplash Injury Claim?
Since the 31st of May 2021, the way that whiplash claims are made has changed. This is due to changes brought in by the Whiplash Reform Programme. As a result, if you are an adult passenger or driver with injuries valued at below £5,000, your claim must be made in a different way. It also means that the tariff set out in the Whiplash Injury Regulations 2021 will be used when valuing your whiplash injuries.
In cases where you sustain additional injuries that take the total value of your claim over £5,000, you will claim in the traditional way. However, any whiplash-related injuries will still be valued according to the tariff. Any injuries you sustain that are not included in the tariff will be valued in the traditional way.
For more details regarding how the whiplash reforms could influence car injury claim payouts, get in touch on the number above. An advisor from our team can also provide you with a more specific estimate of how much compensation you could be owed after making a successful claim.
When Are You Eligible To Claim Compensation After A Road Traffic Accident?
Road users must conduct themselves in a manner that prevents harm to themselves or any other road user. This duty of care is established in the Road Traffic Act 1988. Additionally, The Highway Code offers guidance and rules, some of which are backed elsewhere in law, to several types of road users.
A failure to fulfil this duty of care, resulting in a person being injured, constitutes negligence. If negligence can be demonstrated, you may be eligible to start a personal injury claim following a car accident.
How Long After A Road Traffic Accident Can You Claim?
Those who are seeking car injury claim payouts generally have 3 years to begin the claims process. The three years can begin from the date of the accident as per the Limitation Act 1980.
There are some instances in which this time limitation may not apply. For instance, if the injured person is younger than 18 when the accident happened or if they lack the mental capacity to claim.
For more details regarding the time limits for starting a claim following a road traffic accident and the exceptions, please speak with an advisor from our team. They can also assess when you could be eligible to seek compensation.
Examples Of Driver Negligence That Could Lead To A Road Traffic Collision
There are many ways in which you could be injured in a road traffic accident. Here are some examples:
- A driver ignores a red light at a junction and when turning crashes into the side of you. As a result, you suffer a shoulder injury and neck injury.
- Another driver does not indicate when changing lanes while on the motorway. Consequently, the crash into you causing you to sustain a severe head injury and back injury.
- Another driver is speeding and can’t stop in time while you are stopped at a set of traffic lights. Subsequently, they rear-end you, and you endure an arm injury and a knee injury.
To discuss your specific case and find out whether you’re eligible to seek car accident compensation, get in touch on the number above.
Evidence That Could Help You Receive Car Accident Compensation
To make a successful claim, you must prove that you were injured as a result of another road user breaching their duty of care. A helpful way of doing this is by gathering as much useful evidence as possible. You can do this by:
- Seeking medical attention and requesting a copy of your medical records
- Taking pictures of the scene of the incident and your injuries
- Acquire CCTV or dashcam footage of the incident
- Gather witness contact details to allow statements to be taken at a later date
- Logging your symptoms, treatments, and the impact the injuries have had on your life in a diary
A solicitor from our panel can help you with this process if you are finding it difficult to access sufficient evidence. Please get in touch with our team of advisors to find out whether you could have a solicitor from our panel work on your case.
Can I Claim For A Road Accident On A No Win No Fee Basis?
If you are represented by one of the car accident claim solicitors from our panel, they could use their experience to help you through the different stages of the claims process.
They generally offer claimants access to their services via a Conditional Fee Agreement (CFA) which is a type of No Win No Fee agreement. If you work with a solicitor under a CFA, there are typically no fees to pay for your solicitor’s services upfront or during the claims process. In addition, you don’t usually have to pay for their services if your claim fails.
In the event of a successful claim, a success fee will be deducted from your compensation. This is law-capped, which ensures that you receive the majority of your payout.
To see whether you qualify to be represented on this basis by one of the road traffic accident solicitors on our panel, please get in touch with an advisor. They can assess your case for free as well as answer any questions you may still have about car injury claim payouts.
You can reach them by:
- Calling on 0113 460 1216
- Filling out the contact form online
- Talking to an advisor via our live chat feature
Learn More About Car Injury Claim Payouts
Please find more of our guides relating to personal injury claims below:
- How Much Is A Broken Rib Worth In Compensation?
- I Had An Accident On Public Transport – Can I Make A Claim?
- Bike And Cycle Accident Personal Injury Claims Guide
- Injury Claims For A Rear-End Collision Explained
Additionally, you can find some helpful external resources below:
- GOV – Road Accidents And Safety Statistics
- NHS – First Aid
- THINK. – Advice for road users
Thank you for reading this guide on car injury claim payouts. If you have any more queries, please do not hesitate to speak with a member of our team.
Writer Beck Patch
Editor Meg McConnell