How Do I Make An Injury Claim After A Car Accident?
If you are asking yourself, “How do I make an injury claim after a car accident?” this guide can help. We look at how to make a personal injury claim after a road traffic accident and the criteria you must meet to do so.
Examples of what injuries you can claim for after a car accident and how injuries are valued in a settlement are also provided in our guide. Additionally, we cover how long after a car accident you can claim and the circumstances in which there are exceptions to the time limit.
Moreover, we discuss the steps to take after an accident and what evidence you will need to supply. We explore how The Whiplash Reform Programme changed how whiplash claims are handled.
Furthermore, we explore what a No Win No Fee agreement is and how this can be financially beneficial to you.
Alternatively, you can get in touch with us by:
- Calling us on 020 3870 4868
- Completing our form to claim online
- Chatting with us through our live messaging feature
Our team of advisors are available to offer you legal advice, and our panel of personal injury solicitors can use their expertise to strengthen your claim for car accident injuries.
Choose a Topic
- Learn More About How You Make An Injury Claim After A Car Accident
- What Injuries Can You Claim For After A Car Accident?
- How Do I Make An Injury Claim After A Car Accident?
- Car Accident Injury Claim Settlements
- No Win No Fee Injury Claims After A Car Accident
The road traffic accident injury claims process will involve meeting criteria to establish that your injuries were the fault of another road user. This can give grounds to claim.
In order to make a personal injury claim following a road accident, you must be able to prove:
- You were owed a duty of care
- This duty was breached
- This breach caused your injuries. This is known as negligence.
The Highway Code also gives a set of rules, most backed by law. These rules offer information on operating safely as a road user. Rule 204 outlines that those with a greater risk of causing harm are more responsible for reducing their threat.
The nature, severity and type of injury you suffer will be examined in your claim for compensation. From a motor vehicle accident, you could sustain the following:
- Neck injuries
- Back injuries
- Head injuries
- Shoulder injuries
- Leg or arm injuries
- Whiplash, strains, and soft tissue injuries
- Scrapes, cuts, and scarring
These injuries can vary in severity and involve breaks, fractures, sprains, and nerve damage. When making a claim after a road traffic accident, it is important that you get the medical treatment you need. This not only allows your injuries to get the medical care they need but also records your injury in your medical records.
What to do after being injured in a car accident may be something you are wondering. Seeking medical advice should be a priority to ensure that any injuries you have suffered can get the treatment and care they need to make a full recovery.
To make a successful car accident claim, it is vital that you collect evidence to prove your claim. This can include but is not limited to:
- Witness contact details so a legal representative can take a statement later on.
- Acquire any CCTV footage or dashcam footage that shows the accident.
- Take photographs or images of the scene of the accident
- Take photographs of any visible injuries.
Do I Need A Medical Examination?
When making an injury claim after a car accident, you will need a medical report.
Your recovery time, which is considered in the value of your claim, can be shown through medical examinations and reports, so having such can be useful.
A medical injury report is carried out independently and may involve tests being conducted that are relevant to your injuries. X-rays to show broken bones, and MRIs to show brain damage, for example.
These are significant pieces of evidence in your personal injury claim.
Are There Time Limits To Make A Claim?
The Limitation Act 1980 states how long you have to begin legal proceedings for your personal injury claim. Generally, the time limit is three years to start your personal injury claim after a road traffic accident.
There are exceptions to this rule for those who are under 18 or lack the mental capacity to claim. The time limit begins on their 18th birthday or when the capacity to claim is regained if a litigation friend has not already made a claim on their behalf.
Do Claims Go To Court?
In some instances, personal injury claims do go to court. You may want to go to court if you believe you may receive a larger settlement or because you cannot agree on a compensation amount with the defendant. Personal injury lawyers can offer legal advice on taking claims to court and how the process works.
Car Accident Injury Claim Settlements
The Judicial College Guidelines provide solicitors with assistance in valuing injuries. We have taken compensation brackets from these guidelines and put them in the table below. However, these figures aren’t guaranteed and should only be used as a guide. The monetary outcome of your settlement may vary depending on different factors.
|Injury Resulting From Brain Damage||Moderately Severe (b)||Seriously disabilities have resulted and constant care is required.||£219,070 to £282,010|
|Back Injuries||Severe (a) (i)||There is damage to spinal cords and nerve roots.||£91,090 to £160,980|
|Back Injuries||Moderate (b) (i)||This includes compression/crush fractures of the lumbar vertebrae.||£27,760 to £38,780|
|Leg Injuries||Very Severe (b) (ii)||You require permanent mobility aids and have suffered serious deformities.||£54,830 to £87,890|
|Arm Injuries||Serious (b)||The disablement is permanent and substantial.||£39,170 to £59,860|
|Shoulder Injuries||Severe (a)||The brachial plexus is damaged.||£19,200 to £48,030|
|Neck Injuries||Moderate (b) (i)||There are fractures, dislocations, or serious soft issue injuries present.||£24,990 to 38,490|
|Facial Disfigurement||Significant Scarring (c)||The worst effects have been reduced by plastic surgery.||£9,110 to £30,090|
|Whiplash||Severe 2(1)(a) - 2(1)(b)||More than 18 months, 24 months maximum.||£4,215 to £4,345|
|Whiplash||Severe 2(1)(a) - 2(1)(b)||More than 15 months, 18 months maximum.||£3,005 to £3,100|
If your car accident injury claim is successful, you can claim general damages for the suffering and pain your injuries have caused you. The table above demonstrates guideline awards for general damages.
You could also claim special damages for the financial losses or costs you have suffered because of your injuries.
What Is The Whiplash Reform Programme?
The Whiplash Reform Programme made changes to the way that whiplash claims are handled. The Whiplash Injury Regulations 2021 state that if you or a passenger sustain whiplash or soft tissue injuries valued at £5,000 or less, you must make your claim via the government’s Official Injury Claim Portal. These will be valued in accordance with the fixed tariff.
If you have suffered other injuries besides whiplash, then you will make your claim using the normal channels. Please contact our advisors to see which way you need to make your car accident claim.
When making an injury claim after a car accident, you could opt to hire a solicitor on a No Win No Fee basis.
Conditional Fee Agreements are a popular kind of this arrangement and usually mean that if your claim is unsuccessful, you may not be required to pay for your solicitor’s services.
In the event that your claim is successful, your solicitor may take a success fee. This is a deduction of your compensation that is capped at a percentage by law, as stated in the Conditional Fee Agreements Order 2013.
Our panel of solicitors have years of expertise and may choose to offer you an agreement on this basis.
You can contact our advisors with any queries about claiming for your car accident. You may reach us by:
- Calling us on 020 3870 4868
- Completing our form to claim online
- Talking with us through our live messaging feature
Check Our Related Articles On Car Accident Claims
Thank you for reading our guide on how you can make an injury claim after a car accident. For more of our information, please check out our links below:
- How To Claim For An Accident In A Public Place
- How To Make A Crush Injury Claim in The UK
- Bruised Ribs Injury Claim – No Win No Fee Guide
For further information, explore the external resources listed below: