Making A Car Accident Claim Guide

In this guide, we will explore when it may be possible to make a car accident claim. There are several ways you could have sustained harm in a road traffic accident. However, in order to claim compensation, you must be able to prove that another road user breached the duty of care they owed you, causing you harm. 

car accident claim

Car accident claim guide

This article will explain how accidents can happen on the road as a result of another road user’s negligence.

In addition, we will explore how much compensation you may receive and how it’s often calculated.

This guide will also provide information on how No Win No Fee solicitors from our panel could help you through the claims process.

If you have sustained injuries in a car accident and intend to make a claim, we urge you to talk to our advisors today. They can ensure you have strong grounds for a claim and may connect you to a solicitor from our panel to operate on a No Win No Fee basis. Talk to our advisors today by:

Choose A Section

  1. Could I Get Compensation In A Car Accident Claim?
  2. How Can Accidents Happen On The Road?
  3. How Could I Prove The Breach Of A Road User’s Duty Of Care?
  4. What Could I Receive For My Car Accident Claim?
  5. Could I Work With A No Win No Fee Solicitor For My Car Accident Claim?
  6. Discover More About Car Accident Claims

Could I Get Compensation In A Car Accident Claim?

A car accident claim can occur between multiple parties. All road users owe each other a duty of care to act in a way that reduces the likelihood of injury to other road users whilst on the road.

The Highway Code provides guidance on the responsibilities each road user has when navigating the road. If they fail to uphold their responsibilities, it could result in an accident.

However, it’s important to note that not all car accidents will result in you being able to make a claim. In order to pursue compensation, you must be able to prove:

  • Someone owed you a duty of care
  • They breached the duty of care they owed you
  • You were caused physical and psychological harm as a result

For more information on whether you’re eligible to make a car accident claim, call our team.

Car Accident Statistics

The Department for Transport provided statistics in their reported road casualties Great Britain annual report 2020. As per this report, there was an estimated 115,584 casualties of differing severities in 2020, a decrease of 25% from the previous year.

How Can Accidents Happen On The Road?

Road accidents can happen for various reasons, however, a car accident claim can only be made if you can prove that another road user breached their duty of care. 

Some examples of road user negligence include:

  • Drivers not paying due care and attention and getting distracted, such as using their phones while driving
  • Cyclists failing to indicate when they are turning, resulting in a cycling accident
  • Motorcyclists driving above the speed limit

As a result of negligence, the following accidents could occur:

  • T-Bone collisions – Colliding into the side of another car.
  • Single-vehicle collisions – A single vehicle hitting another still vehicle or a stationary object such as a tree.
  • Rear-end collisions – Colliding the back bumper of another vehicle.
  • Sideswipe – Swiping the side of a stationary car.

If you have any questions about car accident personal injury claims speak to our advisors today. They could provide further guidance on whether you’re eligible to seek compensation by making a car accident claim.

How Could I Prove The Breach Of A Road User’s Duty Of Care?

If you have sustained an injury on the road and want to make a car accident claim, you must prove that another road user has been negligent by breaching their duty of care and caused you an injury as a result.

To prove negligence, you could gather evidence to support your claim. Some examples of evidence to prove a personal injury claim can include:

  • Medical records – Seek out immediate medical attention and make sure your injuries are treated. Any document created by a medical professional can strengthen your claim, such as a doctor report or report from the hospital.
  • Photographic evidence – Take photographs of your injury and the accident site as well as your vehicle.
  • CCTV footage – Gather any footage from the local area including bystander recordings. You may be able to use any dash cam footage too.
  • Witness contact details – Collect the contact details of witnesses so a legal professional can collect statements at a later date.

It may also benefit you to seek legal advice from an experienced personal injury solicitor from our panel. They can help you take steps to support your car accident claim.

For more information on whether a solicitor from our panel could represent your claim, get in touch on the number above.

What Could I Receive For My Car Accident Claim?

If your car accident claim succeeds you can receive damages for the injuries sustained during your accident and the different ways in which they have impacted your life.

Your settlement may be formed of general damages which compensates for the pain and suffering any physical or psychological injuries have caused you. The Judicial College Guidelines (JCG) outlines compensation bracket amounts for different injuries. These guidelines are often used by legal professionals valuing the general damages head of claim. 

We have used figures from the JCG to create the table below. However, you should only use them as a guide. The amount you may be eligible to receive depends on several factors, such as the injuries inflicted and how severe they were. 

InjuryCompensationNotes
Moderate damage to the brain (c) (i)£150,110 to £219,070Cases where there are several issues such as sensory impairments with a moderate to severe mental deficit and a personality change.
Less severe damage to the brain (d) (i)£15,320 to £43,060There will be a good recovery and the ability to return to work as well as partake in a normal social life.
Injuries to the elbow (a)£39,170 to £54,830The injury may be severely disabling.
Chest injury (c)£31,310 to £54,830Chest and lung damage with lasting disability.
Total loss of hearing in one ear (c)£31,310 to £45,540The injury has other associated problems including headaches, dizziness and tinnitus.
Moderate neck injury (b) (i)£24,990 to £38,490This bracket include dislocation and fracture injuries causing serious symptoms which may need a spinal fusion.
Severe fractures to the fingers (f)Up to £36,740The injured individual may suffer partial amputations causing deformity, grip impairment, reduced motor function and sensory disturbances.
Moderate shoulder injury (c)£7,890 to £12,770Where there may be a frozen shoulder with limits to movement and discomfort symptoms lasting for two years, and possible soft tissue injuries with symptoms lasting slightly longer.
Minor back injury (c) (i)£7,890 to £12,510Injuries recover to a nuisance level within five years without necessitating surgery.
Fracture of Clavicle (e)£5,150 to £12,240The amount awarded is dependent on the extent of injury, disabilities, residual symptoms and if the fracture is displaced.

You may also obtain compensation for special damages, which compensate for the financial losses incurred due to the injuries you sustained. Some examples of special damages can include:

  • Loss of earnings, including future income
  • Travel costs 
  • Child care costs

If you intend to pursue your car accident claim, speak to our advisors today to find out how much compensation you could be awarded. 

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

If you have a valid personal injury claim, our advisors could assign your case to a  solicitor from our panel to represent your case on a No Win No Fee basis.

This is a term often used to describe certain legal arrangements, such as a Conditional Fee Agreement (CFA). A CFA is a way to hire a solicitor for their services, as you do not have to pay any upfront costs. You also don’t pay for their services if your claim fails.

If your claim is successful then a success fee, which is subject to a legal cap, will be taken from your compensation. 

To find out whether you’re eligible to have a solicitor from our panel work on your case, see below for how to contact our team.

Make A Car Accident Claim Today

We hope this guide on making a car accident claim has helped. However, if you have any additional questions, our team can help. They are available to provide further clarification on anything of which you’re unsure.

You can get in touch by:

Discover More About Car Accident Claims

In this section, we have provided some additional resources that you may find beneficial.

For information regarding your potential car accident claim, contact our advisors today.