How Do I Prove My Car Accident Injury?
By Daniel Cutter. Last updated on 7th January 2021. If you suffer an injury in a car accident that was not your fault, you may already be aware that you could be eligible for compensation. One frequently asked question from those who suffer injury in a traffic accident is “How do I prove my car accident injury?”, and we have created this guide to answer this question.
No matter whether you suffer injuries as a pedestrian, cyclist, passenger or driver, if someone else is at fault, and you suffer injuries, you could claim personal injury compensation for them. Below, we explain what type of car accident could lead to compensation, describing what you may need to prove, and how to collect evidence. We also explain the importance of getting an independent medical assessment as part of such a claim, and give some insight into how this could affect a compensation payout.
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If you’re wondering how to get started with a claim, or you’d like us to provide you with further detail on how to prove an injury claim, we would be happy to help you. Not only could we provide you with a free eligibility check, but our panel of lawyers could help you begin your claim.
Our panel work under No Win No Fee terms too, so you wouldn’t have to pay legal fees until your claim is successfully settled.
Services And Information
- Everything You Need To Know About How To Prove My Car Accident Injury
- What Is A Car Accident Injury?
- What Medical Evidence Could Prove My Car Accident Injury?
- Other Documents And Evidence Which Could Prove Your Car Accident Injury
- Take Photographs Of Your Car Accident Injury
- Take Photographs Of The Accident?
- Keep A Diary To Record What Happens To You
- Record Any Out Of Pocket Expenses
- Proving A Whiplash Injury
- Car Accident Injury Compensation Calculator
- How Are Pain And Suffering Determined In A Car Accident
- The Highway Code Can Help Show Fault
- How Much Time Do I Have To Prove My Car Accident Injury?
- Claim For A Car Accident Injury On A No Win No Fee Basis
- Related Information
- FAQs About Car Accident Injury Claims
When people take to the road in cars, lorries, vans or other vehicles, they must use those vehicles responsibly. They must abide by the rules of the road, which can be found in the Highway Code, and they must abide by legislation including the Road Traffic Act 1988.
If they act negligently or dangerously on the road, and cause injury to a person, they could be held liable for personal injury claims made against them/ their insurer. Whether you’ve suffered an injury due to someone hitting you at a junction, dangerously overtaking your vehicle, because another user was driving under the influence of drugs or alcohol, or because they were speeding, you could be eligible to make a personal injury claim.
You would have to prove, however, that the accident was someone else’s fault, and that you suffered injury because of it. Even if an accident was partially your fault, if the other party was partly to blame, you could still be eligible for some compensation.
How Do I Prove My Car Accident Injury?
Proving a car accident injury involves gathering evidence. This guide walks you through the type of evidence you may need in different circumstances. In the sections below we discuss the importance of collating evidence such as medical reports, photographs, witness details, proof of expenses and more.
We also take a look at how evidence could affect your payout, and how UK lawyers could give you further help when it comes to how to prove an injury from a car accident, whether it was caused by another driver or faulty traffic lights, for example. At the end of this guide, we answer frequently asked questions relating to how to prove a personal injury claim.
The graph below has been generated using government statistics for reported road traffic accidents. Injuries that are caused by a road traffic accident can take many forms. For these statistics, the injuries reported in year ending June 2021 have been placed into 3 categories.
As you can see below, they are:
- Slight – this could be something like bruising or a mild case of whiplash
- Serious – things like severe fractures or paralysis may fall under this bracket
- Fatal – this is when the victim dies as a result of their injuries
You will need to be able to prove your car accident injury, regardless of the severity. The cause will probably fall into this as well. Although, as what’s more important is that you can prove your injuries were caused by another road user’s negligence. If your injuries are entirely your own fault then you won’t be able to claim compensation.
The graph below also specifies how the accidents over this period were caused. They are organised by categories of injudicious action. As we can see, exceeding the speed limit was the leading cause of both slight and serious accidents, as well as fatal ones.
All of these actions can be interpreted as not following the rules listed in the Highway Code. Obeying these rules is part of a road user’s duty of care to others on the road. By not following them, they risk others and themselves being injured. If this happens, it is known as a breach of duty of care and a claim could be made against them.
It is the responsibility of all drivers, cyclists, and even pedestrians to make sure they act as safely as possible when using the road. However, things outside of their control can still happen. For example, certain weather conditions or damage to roads can also lead to accidents.
As long as the drivers adjust accordingly, it’s less likely that you could make a successful claim for compensation against them. This is because they have fulfilled their duty of care to the best of their ability.
What Injuries Are Common In A Road Traffic Accident?
There are a number of different injuries you could sustain in a car crash. Your injuries could depend on the nature of the accident, the speed and forces involved, and where you were positioned. Common road traffic accident injuries could include:
- Whiplash injury
- Facial disfigurement – this could be the result of a broken nose, a fracture of the jaw or cheekbone or scarring, for example.
- Head Injury – a traumatic head injury could be significantly disabling, as it could affect your brain
- A hand injury or finger injury
- A fracture or break – this could include a broken shoulder, broken arm, or broken leg, for example
- A dislocation – due to the forces at play in a car accident, your body may be forced into positions which mean you suffer a dislocated shoulder or knee for example.
No matter what type of injury you suffer in a car accident, the following sections should help answer the common question of ‘how do I prove my car accident injury?’
One of the most important pieces of evidence is the medical report. It answers the question of ‘how can I get proof of pain and suffering from a car accident?’ When you are making a personal injury claim for a car accident, you’d need to visit an independent medical expert.
This expert would need to examine you, talk to you about your injuries and perform some tests in some cases. After your assessment is complete, the independent medical expert would put together a medical report. This could be used to evidence your injuries.
How Can I Prove My Pain And Suffering If I’ve Only Seen My Own Doctor?
While a record of seeing your GP or going to the hospital for treatment or assessment could be useful, you would still need to attend an appointment with an independent professional. The independent medical report is crucial in ensuring you get all the compensation you are eligible for.
Those who have legitimate claims must provide solid evidence to ensure that they are able to claim the compensation they deserve. Insurance companies of at-fault drivers could seek to disprove your claim to protect themselves, so it is essential to get all relevant evidence together to provide as strong a case as possible for compensation. Your UK lawyer could advise you as to what could be useful evidence but some suggestions could include:
- Details of bystanders/witnesses – if someone has witnessed the car accident you suffered injuries in, you could request their contact details.
- Driver’s Information – taking note of the driver’s contact details, insurance information and vehicle details could also be useful
- Accident attendees – if the police or ambulance service attends your accident, you could try and get their contact details too. You should also make sure you report the accident so the police have a record.
Below, we discuss some important pieces of evidence you could collect in addition to these important details.
It may seem strange to take photographs of an injury you’ve sustained, but doing so could be useful to your case. When it comes to how to prove injury from a car accident photographic evidence could make a significant impact. Not only could you take photographs of the initial injury, but you could also take progress pictures throughout its healing.
If these photographs have a time stamp on them, this could go some way towards proving how long the injury affects you. This is all information that could be used to help get you the maximum payout for your injury. If the injuries you suffer are in places that are difficult to photograph, for example, if you’ve sustained a finger injury and can’t use your camera, it could be a good idea to ask a friend or family member to help.
Photographs of an accident scene could be very useful to your case. Such photos could provide evidence of the positioning of vehicles in an RTA. In addition, they could be used as evidence of the state of the road or the weather conditions.
It would be wise, again, to use a timestamp on such photos if at all possible. You may need to take photographs from several different angles to give a full picture of what happened. It could be useful to take photographs of any vehicle damage, road traffic signs and other details.
What If I Can’t Take Photos? How Do I Prove An Injury Claim?
While in minor car accidents, you may be quite able to take photographs of the scene of an accident, serious injuries may mean you cannot. If you suffer serious injuries in a car accident, you may be wondering ‘how can I prove my car accident injury if I was taken away from the scene in an ambulance?’.
In these cases, you could ask a witness to do so, or you could ask the police if you are able. If not, you could return to the scene of the accident when you are able, although the signs of the accident may have been cleared. If you cannot get photos of the scene, see if there is any CCTV nearby. This could be useful in proving your claim.
Keeping a diary may seem extreme, but if you document how your injury affects you on a daily basis, and how long it takes you to recover, this could be useful. Evidencing things you were unable to do, how your injury has affected you and any rehabilitation you’ve needed to undertake could significantly impact your claim and the compensation amount you receive.
How Can I Prove My Car Accident Injury Stopped Me Doing Things?
If, for example, you were to attend a planned sporting event and this became impossible because of your injury, you could record this in your diary. If you were suffering mentally after the accident and didn’t feel able to go out socially, you could also record this in your diary. All this gives a bigger picture of how much you may have suffered because of the road traffic accident.
Personal injury claims are designed to put the claimant in the position that they would have been if the accident hadn’t injured them. Out of pocket expenses could form part of your compensation payout, but only if you could evidence them. Documents that could be useful in evidencing out of pocket expenses could include:
- Bank statements
- Physiotherapy bills
- Receipts from prescription medicines
- Payslips showing deductions for sick pay
- Travel receipts
- Credit card bills
Whiplash is one injury that is common in car accidents. However, it could be difficult to prove such an injury as it is not a visible bruising or scarring. If you suspect you may have such an injury, you should seek medical attention. While the symptoms of whiplash aren’t always apparent straight away after an accident, they could come on over a few hours afterwards. You could experience stiffness, pain and headaches, and in extreme cases, whiplash could develop into a long-term chronic condition.
If you attend an appointment with a GP or health professional, this could be useful in proving you’ve sought treatment immediately after the accident. However, you would also need to undergo an independent assessment as part of your claim.
Below, we have created a table to illustrate the levels of compensation the Judicial College Guidelines, a publication, suggests could be appropriate for a variety of injuries. Personal injury lawyers would assess your case according to its unique circumstances and facts. This is why a personal injury claims calculator would only ever be able to provide you with an extremely loose estimate on how much your claim could be worth.
|Injury||Severity||JCG Bracket For Compensation (approx)|
|Neck injuries||Severe (i-iii)||£42,680 to in the region of £139,210|
|Neck injuries||Moderate (i-iii)||£7,410 to £36,120|
|Back injuries||Severe (i-iii)||£36,390 to £151,070|
|Back injuries||Moderate (i-ii)||£11,730 to £36,390|
|Pelvic/Hip injuries||Moderate (i-ii)||£11,820 to £36,770|
|Arm injuries||Severe (a)||£90,250 to £122,860|
|Arm injuries||Less severe ©||£18,020 to £36,770|
|Leg injuries||Very serious (ii)||£51,460 to £85,600|
|Leg injuries||Moderate (iv)||£26,050 to £36,790|
When determining how much pain and suffering a claimant experienced, courts and lawyers would look at all the evidence that has been submitted. As we mentioned, when it comes to proving your injuries, the medical report could be extremely useful, as could your injury diary. However, this is not the only type of damages you could receive.
How Can I Prove My Car Accident Injury Led To Special Damages?
Special damages are the out of pocket expenses that arise due to your injury. They could include:
- Medical expenses such as mobility aids and prescription costs
- Travel expenses such as train fares to the hospital, for example
- Care costs for any at home care you have needed because of your injury
- Loss of income compensation if you’ve had to stay off work while recovering
What Is Fault In Car Accident Injury Claims?
Part of proving a car accident claim is valid is to prove who was at fault. This might have been a driver that ran a red light, was speeding, or performed a dangerous manoeuvre. It could also include those who were not paying due care and attention to the road. In some cases, it might be clear cut as to who is at fault.
However, in other cases, careful examination of the evidence of events leading up to a car crash might be required. In some cases, you might have been partially at fault for an accident, with the other party also to blame. This could result in you still being able to claim compensation. However, your compensation could be reduced to reflect your proportion of blame.
The Highway Code gives all road users rules, which they should be aware of when taking to the roads. If the Highway Code gives insight into how to perform certain manoeuvres safely, and a motorist does not adhere to the rules of the Highway Code, you could use the Highway Code to illustrate that the other person was at fault. You would, however, still need other evidence in order to prove you’ve suffered injuries due to another motorist’s fault.
There is a personal injury claims time limit that applies to most personal injury claims. The limitation period is usually three years from the car accident date. However, some exceptions could apply, including:
- Children – If a child is injured, a parent could claim on their behalf up until their 18th If no one claims prior to the child turning 18, they could make a claim of their own and would have until their 21st birthday to do so.
- Those lacking mental capacity – If a person does not have the mental capacity to claim at the time, there is no limitation period as to when they should claim by. A litigation friend could claim on their behalf. However, once they retain Mental Capacity, they would have three years from the date they were discharged to claim.
If you’re not sure whether a UK lawyer could help you with a claim as you’re nearing the end of the limitation period, please call our team. We could assess your case without charge. We could also connect you with our panel of lawyers to help with a claim.
Claiming compensation for car accident claims could be complex, which is why many claimants prefer to have a personal injury solicitor on their side. No Win No Fee solicitors allow claimants to access legal support without paying legal fees until their claim ends. They would only pay their personal injury solicitor if their claim results in compensation in such cases.
How Do No Win No Fee Claims Work?
These claims are handled under a No Win No Fee Agreement. Your solicitor would send you this document, which contains details of the ‘success fee’ you’d pay if your claim brings you a payout. It is usually a small percentage of your total compensation payout, which is subject to a legal cap. You would need to sign and return the document for your solicitor to work on your case.
Once the solicitor received your signed agreement, they would be able to get started on your claim. They would put together all the evidence and negotiate compensation for you. They could also take your case through the courts if it became necessary.
When your compensation payout comes through, your solicitor would deduct their success fee. The rest of the payout would benefit you.
Do you have questions about No Win No Fee solicitors you’d like answered? If so, call our team on 020 3870 4868 for clarification.
Hit And Run Victims – See here for guidance from the government on making a claim if you’ve been injured in a hit and run.
What Does The MIB Do? – The Motor Insurer’s Bureau could pay compensation for injuries sustained in some car accidents.
NHS – Broken Bones – A guide that tells you about symptoms and possible treatments of fractures.
Fatal Accidents – In this guide, you could find out whether you could claim for someone who has been killed in an accident.
Car Accident Tips – Wondering what to do about a car accident? This guide could assist.
Workplace Accident Claims – Have you been injured while working on the road? If so, this guide could help.
Could I Claim For Another Person?
In some cases, you could claim on behalf of another person as their litigation friend. This usually relates to parents claiming on behalf of children. However, bereaved relatives and dependents could also claim if someone passes away in an accident that wasn’t their fault.
How Long Could My Claim Take?
Claim process times vary, depending on how complex they are and the parties involved. Simple claims could be settled within a relatively short period of time, while complex or disputed claims could take years to settle.
Who Pays My Compensation Settlement?
Usually, it is the at-fault party’s insurer that pays the compensation. However, if the case involves an untraced or uninsured driver, the Motor Insurer’s Bureau could pay compensation.
Will My Claim Go To Court?
Many car accident injury claims never reach the courts. Instead, they settle via negotiation with the parties involved. However, if the insurer or at-fault driver refuses or disputes your claim, your solicitor could file paperwork with the courts to take the matter further.
Thank you for reading our guide on the question “how do I prove my car accident injury?”
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