How To Calculate Car Accident Claim Payouts
This guide will explore the way in which car accident claim payouts can be calculated. There are different factors that can influence payouts, including the nature of the injuries you are claiming for. We will explore these further in our guide, as well as giving an overview of what settlements can include.
Additionally, this guide provides an explanation of how road users have a duty of care to each other when navigating the roads and how breaches of this duty can cause other road users to experience harm.
This guide also provides examples of the types of injuries that can be sustained from accidents involving motor vehicles, and how these could occur.
This guide will end with a brief overview of the benefits of making your personal injury claim with a solicitor who offers their services under a specific type of No Win No Fee agreement.
Our team are available to answer your questions and address your concerns about making a potential claim. To reach them:
Select A Section
- How To Calculate Car Accident Claim Payouts
- Who Could Seek Car Accident Claim Payouts?
- What Injuries Could Car Accidents Cause?
- How To Prove You Were Injured In A Car Accident
- Can You Claim Car Accident Claim Payouts With No Win No Fee Solicitors?
- Where To Read More About Car Accident Claims
Car accident claim payouts, if the claim succeeds, can comprise of two heads of claim. General damages, which awards compensation for your pain and suffering caused by your injuries, and special damages, which awards compensation for financial losses caused by your injuries.
Personal injury solicitors can look at any medical evidence in conjunction with the Judicial College Guidelines (JCG) in order to calculate the possible value of your injuries. The JCG is a document that contains guideline award brackets for different types of injury, a selection of which were used to generate this compensation table. It is important to note that the JCG figures in this table have been provided for guidance purposes only, as personal injury claims are calculated individually.
Likewise included are the fixed amounts from the Whiplash Injury Regulations 2021 tariff, which is used to calculate whiplash injuries in road traffic claims.
|Brain Damage||(c) Moderate (i)||Moderate to severe intellectual deficit, personality change, effect on the senses and significant risk of epilepsy. There is also no employment prospect.||£150,110 to £219,070|
|Brain Damage||(c) Moderate (ii)||Moderate to modest intellectual deficit and a greatly reduced ability to work with some risk of epilepsy.||£90,720 to £150,110|
|Chest Injuries||(a) Total removal of one lung and/or serious heart damage.||Serious and prolonged pain and suffering and significant permanent scarring.||£100,670 to £150,110|
|Chest Injuries||(d) A relatively simple injury||For example, a serious penetrating wound causing some permanent tissue damage but no significant effect on lung function in the long-term.||£12,590 to £17,960|
|Amputation of Arms||(b) Loss of One Arm (iii)||A below-elbow amputation. For example, an amputation of forearm with residual organic and phantom pains that are severe.||£96,160 to £109,650|
|Other Arm Injuries||(b) Permanent and substantial disablement.||Serious fractures in one or both forearms with significant permanent residual disability.||£39,170 to £59,860|
|Leg Injuries||(b) Severe (i)||Injuries involving extensive degloving or gross shortening of the leg, or where fractures have not united.||£96,250 to £135,920|
|Leg Injuries||(b) Severe (ii)||Multiple fractures that have taken years to heal, needed extensive treatment, and led to serious deformity as well as limited movement.||£54,830 to £87,890|
|Whiplash||One or more whiplash injuries.||Symptoms lasting more than 15 months but not more than 18 months.||£3,005|
|Whiplash||One or more whiplash injuries with one or more minor psychological injuries.||Symptoms lasting more than 18 months but not more than 24 months.||£4,345|
Compensation for any monetary losses incurred from your injuries could be awarded under special damages, the second of the two heads of claim that can comprise your settlement. Some examples of the types of costs that could be claimed back include:
- Loss of earnings: If your injuries render you unable to work while you recover, you may be reimbursed for your lost pay.
- Childcare costs: You could claim for any childcare costs if your injuries render you unable to look after your children.
- The cost of home alterations: For example, bath rails or a stair lift that has been installed to help you adjust to a permanent injury.
- Garden maintenance costs: Your injuries mean you can no longer tend your outside space and have to hire gardeners.
Keep any receipts, invoices or payslips as evidence of financial losses.
The Whiplash Reform Programme
The Whiplash Reform Programme. changed the way whiplash injuries are valued, and the method for making certain road traffic accident claims.
Adult drivers and passengers whose injuries have been valued at £5,000 or less will now make their claim in a different way. Also, as mentioned above, whiplash injuries will be valued using the tariff from the Regulations 2021.
If you sustain injuries with a value of over £5,000, then your claim will be made using the traditional avenue. Any whiplash injuries will still be valued in accordance with the fixed tariff amounts from the Whiplash Regulations. However, any other injuries not covered by the tariff will be valued in the traditional way.
If you are unsure as to whether or not your claim is affected by the whiplash reforms, you can talk to our team of advisors using any of the contacts provided in this guide.
The Road Traffic Act 1988 sets out the duty road users have to navigate the road network in a manner that prevents the experience of harm by other road users. The Highway Code contains rules, which are legally binding, and recommendations, on safely navigating the roads.
If you can meet the following criteria, you may be eligible to make a personal injury claim for a car accident:
- At the time of the accident, you were owed a duty of care by another road user.
- That road user breached their duty.
- Their breach caused you to experience harm and sustain injuries.
Additionally, you need to ensure that you start your claim within the relevant time limit. In most cases, you will have 3 years from the date of the accident, as set out in the Limitation Act 1980, to start your claim. Exceptions to this can apply in some circumstances, and an extension may be granted.
Split Liability Claim
You could still receive compensation even if you are deemed to be partially at fault for the accident. In this instance, you could make a split liability claim. In cases of split liability, any car accident claim payouts are reduced by your percentage of blame for the accident.
Our team can advise you further on the eligibility criteria, including how long you have to claim. They can also discuss split liability claims in more detail. To reach them, you can call the number above.
According to data published by the Department of Transport on reported road casualties, there were an estimated 24,530 killed or seriously injured (KSI) road casualties in the year ending June 2021. Depending on the type of car accident, the speed of the collision and whether or not you were wearing your seatbelt, various injuries can be sustained during car accidents. You should always get medical attention for car accident injuries, even if your symptoms seem minor. Some examples of possible injuries that could occur are:
- Head injuries, such as concussions
- Cuts and lacerations.
- Injuries to the neck and back.
- Fractured and broken bones.
- Internal injuries, such as internal bleeding or damage to organs.
When calculating payouts for a car accident claim, and the compensation you are owed for your injuries, several factors are considered. For example, the severity of your injuries, the future prognosis, the psychological impact they have caused and the expected recovery period.
To find out how much you could be entitled to receive for the harm you sustained in a car accident caused by the fault another driver, please call an advisor on the number above.
Evidence can support your personal injury claim. By providing evidence, you can demonstrate the fault of the other road user and how a breach of their duty of care caused your injuries. We have included some examples of evidence you could collect below:
- CCTV or dash cam footage: If available, you can acquire copies of these.
- Witness statements: You can collect the contact information of any potential witnesses so they can give their statements as part of the claims process.
- Medical records: After you have received treatment, you can ask for copies of any test results or other records to highlight the extent of your injuries.
- Photographs: For example, those showing your injury, the cause of the accident and the immediate scene. You could also record the registration plates of the vehicles involved in the accident.
For assistance with collecting evidence for your claim, you can contact our advisors. After assessing your claim, they could put you in contact with a personal injury solicitor from our panel. A solicitor could provide support with the gathering of evidence, as well as ensure you are within the time limit for personal injury claims.
Our advisors can assess your potential claim and take you through the next steps. If they decide you have valid grounds to start a claim, they can then connect you with a personal injury solicitor from our panel. The solicitor can then offer you a type of No Win No Fee contract called a Conditional Fee Agreement (CFA).
In most cases, you will not be subject to any fees upfront for the solicitor’s services nor any ongoing fees as your case progresses. There will also be no fees for the solicitor’s work on your case if the claim does not succeed.
If your claim succeeds, your solicitor will automatically deduct a pre-agreed success fee, as a percentage of your compensation for the work they have done. The percentage is subject to a cap by law. Therefore, the majority of the compensation goes to you.
You can get in touch with our team via the following contact details with questions, queries, or any concerns regarding car accident claim payouts using the following:
More guides on car accident claims:
- Read about how long you have to report a car accident.
- Find further guidance on proving your car accident injury.
- Read about what to do if injured in a car accident.
- What Can I Do If I Make A Car Insurance Claim But The Other Party Is Not Responding?
For further resources:
Thank you for taking the time to read our guide on how to calculate car accident claim payouts. For further information, you can speak to our advisors using the contact details above.
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