How Long Does A Car Accident Injury Claim Take?
You may wonder, ‘how long does a car accident injury claim take?’ This guide explains the factors that could influence the time it takes for your claim to settle. We also cover the time limit that should be considered and adhered to when starting a claim.
Additionally, we explore the eligibility criteria you must meet in order to make a claim for your car accident injuries and the evidence that will be useful to have when doing so.
Moreover, our guide also details the potential payouts you could be entitled to receive and how legal professionals may use resources to help them value such injuries. We also distinguish between the different forms of compensation that your settlement could be made up of.
Furthermore, we outline how a No Win No Fee agreement works and what working with a solicitor in this arrangement would mean for your claim.
You can contact our team of advisors, who can provide you with a free consultation about your claim. Get in touch by:
- Calling us on 020 3870 4868
- Completing our form to claim online
- Use our live support to receive advice
Choose A Section
- How Long Does A Car Accident Injury Claim Take?
- Eligibility For Car Accident Claims
- Evidence Which Could Support A Car Accident Injury Claim
- Payouts For Car Accident Injury Claims
- How We Could Help With Car Accident Claims
- Find Out More About Car Accident Injury Claims
Various factors influence the length of time that a car accident injury claim could take. The length of time it takes would depend on the complexity of the claim, the severity of your injuries, and other factors. However, there is no fixed time that a claim can take, and different elements would impact it.
It’s important to be aware of the time limit you are expected to adhere to when starting a claim. The Limitation Act 1980 states that you generally have three years in which to start a compensation claim. This date can run from the date of the incident or when you realised that negligence was the cause of the harm you underwent.
There are exceptions to this limit which are as follows:
- If a person lacks the mental capacity to make a claim, the time limit is suspended. It will start again in the event that they become mentally capable of claiming.
- A person would have three years from their eighteenth birthday to make a claim if they were under eighteen at the time of their injuries. Before this, the time limit is suspended.
A litigation friend can claim on behalf of someone who can’t do so themselves. To find out more about the role of a litigation friend, or to find out how long you have to start your own claim, speak with a member of our team.
When looking into your eligibility to claim, it is important that you can show the liability of the other road user who was at fault for your injuries. The Road Traffic Act 1988 sets out the duty of care on the road. The Highway Code provide rules and guidelines for all categories of road user. Anything in the Highway Code that is a rule will be categorised with the use of the word “must” and will be found elsewhere in legislation.
Road users should navigate the road in a way that would prevent harm to themselves or other road users. If they breach this, and you’re injured as a result, you could be entitled to claim.
Below, we have included examples of how a road user could breach the duty of care that they owe:
- Failing to stop at a red light or give way sign
- Travelling above the speed limit
- Changing lanes without checking it was safe to do so or indicating
If you can demonstrate this, this will be useful in establishing their liability. Even more so, if your injuries were sustained due to their breach, this amounts to negligence.
The Whiplash Reform Program
Claiming for whiplash injuries is now done slightly differently due to the Whiplash Reform Programme. These changes mean that if a driver or passenger over eighteen sustains whiplash or soft tissue injuries valued under £5,000, they are now required to claim through the government’s Official Online Injury Portal. Furthermore, whiplash injuries will be valued in accordance with the tariff amounts found in the Whiplash Injury Regulations 2021.
If you suffer additional injuries to your whiplash injury, which bring the value of your claim above £5,000, you would not be expected to claim through the Official Online Injury Claim portal. You could claim the standard way, but the whiplash tariffs would still apply to your whiplash injuries. Any injuries not covered by the tariff would be valued in the traditional way.
If you are still wondering ‘how long does a car accident injury claim take?’ please get in contact with our advisors to receive the legal advice you require.
Evidence will be significant in proving your car accident injury and showing that the accident was caused by a breach of duty of care.
Proof that could be useful includes:
- CCTV or dashcam footage
- Copies of medical records or a diary illustrating your physical and mental state as a result of your injuries
- Witness contact information
If you choose to work with a lawyer, they could help you in the process of collecting evidence. Speak with a member of our team today to see if you could work with a lawyer from our panel.
You may also wonder what payouts you could be entitled to receive for your injuries. You could potentially receive up to 2 heads of claim. The first of these is called general damages, which compensate you for the pain and suffering that your injuries have resulted in.
When valuing the injuries in your claim, solicitors may consult the Judicial College Guidelines to help them. These are made up of compensation brackets for various injuries, and some of these figures are shown in the table below.
However, it should be noted that these amounts are not guaranteed payouts. Your compensation may vary in comparison as, similarly to the figures provided by a compensation calculator, they should only be used as estimates.
Judicial College Guideline Amounts
|Head||Very Severe (a)||There is little if any meaningful response to environment.||£282,010 to £403,990|
|Arm||Severe (a)||Injuries that leave the person little better off than if the arm was lost.||£96,160 to £130,930|
|Arm||Less Severe (c)||There are significant disabilities but recovery has been substantial or is expected to be.||£19,200 to £39,170|
|Back||Severe (a) (ii)||Nerve root damage causing mobility to be impaired and sensation to be lost.||£74,160 to £88,430|
|Back||Moderate (b) (i)||Compression/crush fractures causing constant pain and discomfort.||£27,760 to £38,780|
|Leg||Severe (b) (ii)||Injuries are very serious and cause permanent problems with mobility such as multiple fractures.||£54,830 to £87,890|
|Neck||Moderate (b) (i)||Fractures or dislocations causing immediate symptoms.||£24,990 to £38,490|
|Neck||Moderate (b) (ii)||Soft tissue or wrenching-type injury causing a serious limitation of movement.||£13,740 to £24,990|
|Whiplash||One or more injuries.||More than 18 months but no longer than 24 months.||£4,215 to £4,345|
|Whiplash||One or more injuries with one or more psychiatric injuries.||More than 15 months but no longer than 18 months.||£3,005 to £3,100|
How Special Damages Could Also Compensate You
Special damages are another form of compensation you could be entitled to claim. These relate to the monetary losses you have suffered due to your injuries.
For example, special damages could include:
- Payslips to demonstrate a loss of earnings.
- Invoices to show the cost of home or vehicle adaptations.
- Public transport tickets to illustrate the cost of travel.
If you would like to know more about the process of claiming, our advisors can answer questions such as “how long does a car accident injury claim take?” and “how much could my claim be worth?”. Furthermore, they could connect you with a No Win No Fee lawyer from our panel if you have a valid claim.
If you choose to use the services of a solicitor, they may be able to answer questions such as “how long does a car accident injury claim take?” based on their experience working on these kinds of claims.
You could be offered a No Win No Fee agreement. A popular type of this is a Conditional Fee Agreement. Typically with these agreements, you will not be expected to pay for your solicitor’s work if you are unsuccessful in your claim.
A success fee will be taken from your compensation by your solicitor if your claim is successful. The amount is discussed and agreed upon before you enter the arrangement; however, the Conditional Fee Agreements Order 2013 legally caps the percentage solicitors are permitted to take.
Please contact our team to learn more about No Win No Fee agreements. Our advisors have access to a solicitor from our panel who could help you with your car accident injury claim.
Contacting Our Team
If you would like to learn more about how long a claim can take or what to do if you are injured in a car accident, please don’t hesitate to contact us. You can do so using the following methods:
If you would like to read more of our guides, please find them linked below:
- Symptoms of Car Accident Injuries
- I Was Injured In A Cycling Accident Without A Helmet, Can I Claim?
- How To Claim For A Motorcycle Accident Without Insurance
For further resources, please explore the external sites listed:
If you have any more questions, including “how long does a car accident injury claim take?” then please don’t hesitate to get in touch with our team.
Checked by NC