How Do I Prove My Car Accident Injury?

By Cat Reeves. Last Updated 29th January 2024. 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.

Prove My Car Accident Injury

How To Prove My Car Accident Injury

Get In Touch With Our Team

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.

To reach our expert advisors, simply call 020 3870 4868. Alternatively, you can talk to us about your claim online. Or, use the pop-up chat window in the corner.

Services And Information

What Evidence Could I Use To Prove My Car Accident Injury?

One of the most important steps you can take when making a personal injury claim is collecting evidence. It’s crucial that you provide evidence that demonstrates who is at fault for the accident, how your injuries occurred, and how severe they are.

Some examples of evidence that you could collect to help support your compensation claim include:

  • Photographs: Pictures of either the accident site, damage to your car, or your injuries can help you support your claim.
  • Witness statements: Taking the contact details of potential witnesses means that a professional can take their statements at a later date.
  • Police reports: If your accident was reported to the police, their reports could be used as evidence.
  • Dashcam footage: CCTV footage and dashcam footage of the accident could both be used to prove who is at fault.
  • Medical records: Your medical records could also be used as evidence, as these can offer more insight into the severity of your injuries and the treatment you have or will need to receive.

If you choose to claim compensation for a car accident with the help of a solicitor, they can help you gather evidence to support your claim. To find out if you could work with a friendly solicitor from our panel, get in touch with our advisors today.

A blue car sits in the road with a damaged back fender

When Could I Make A Car Accident Claim?

While on the road, you are owed a duty of care by other road users. All road users have a duty of care to use the roads in a way that prevents causing harm to themselves and others. They must also adhere to the Road Traffic Act 1988 and the rules and regulations set out for them within the Highway Code. 

Should a road user breach their duty of care, this could result in an accident. For example, if a driver was distracted by their phone, they could fail to realise you have come to a stop at a red light. They then crash into the back of your car, and you could suffer a leg and neck injury as a result.

In order to be able to make a personal injury claim following a car accident, you will need to demonstrate the following:

  1. Another road user must have owed you a duty of care.
  2. They must have breached this duty.
  3. Due to this breach, you suffered an injury.

To find out whether you may have a valid personal injury claim, or to ask any questions such as, ‘How do I prove my car accident injury?’, you can contact a member of our advisory team.

What Injuries Are Common After 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?’

Car Accident Injury Compensation Calculator

Personal injury settlements can comprise general and special damages. General damages compensate for the pain and suffering caused by your injuries, whilst special damages compensate for the financial losses incurred due to your injuries.

When valuing general damages, solicitors can use the guideline award brackets in the Judicial College Guidelines. We have included some of these figures in the table below, except for the first entry. Please only use them as a guide.

However, the whiplash entries come from the tariff outlined in the Whiplash Injury Regulations 2021 and are fixed amounts.

Guideline Compensation Brackets

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Injury Severity JCG Bracket For Compensation (approx) Notes
Multiple Severe Injuries And Special Damages, Severe Up to £1500,000+ Compensation for multiple severe injuries and their special damages such as lost earnings, medical expenses and care costs.
Arm injuries Severe (a) £96,160 to £130,930 An injury that has fallen short of amputation but has left the person little better off than if it had been.
Arm injuries Less severe (c) £19,200 to £39,170 Despite suffering with significant disabilities, a large amount fo recovery has taken place or is expected to.
Leg injuries Severe (ii) Very serious £54,830 to £87,890 Injuries that lead to permanent mobility issues with the person requiring mobility aids for the rest of their life.
Leg injuries Severe (iv) Moderate £27,760 to £39,200 Multiple or complicated fractures or a severe crushing injury to one leg.
Back injuries Severe (iii) £38,780 to £69,730 Dis lesions or fractures lat lead to chronic conditions and disabilities remain despite treatment.
Back injuries Moderate (ii) £12,510 to £27,760 Backache caused by the muscles and ligaments in the back being disturbed.
Neck injuries Severe (iii) £45,470 to
£55,990		 Dislocations, fractures, severe soft tissue damage or ruptured tendons that result in a permanent significant disability.
Neck injuries Moderate (iii) £7,890 to
£13,740		 A neck injury that has accelerated or exacerbated a pre-existing condition.
Pelvic/Hip injuries Moderate (i) £26,590 to £39,170 A significant hip or pelvis injury that doesn’t result in a major permanent disability.
Whiplash 2(1)(b) £4,345 One or more whiplash injuries with psychological injuries lasting 18-24 months
Whiplash 2(1)(a) £4,215 One or more whiplash injuries with symptoms lasting between 18-24 months.

What Are Special Damages?

Special damages can compensate for losses such as loss of earnings, medical costs and travel costs. These can be proven with evidence such as payslips and travel tickets. You need to be able to prove these losses in order to claim them back, so it’s important to retain any invoices, receipts, or other relevant documents.

A driver gets out of an open car door. The front of the car is destroyed.

Will The Whiplash Reforms Affect My Claim? 

The way some whiplash claims are made has changed. If you are a driver or passenger of a vehicle aged 18 or over with injuries that are valued at £5,000 or less, you will make your claim a different way. This is as per changes brought in by the Whiplash Reform Programme.

While any whiplash injuries will be valued in line with the tariff provided by the Whiplash Injury Regulations 2021, if you suffer other injuries, these will be valued in line with the Judicial College Guidelines.

If other injuries take the total value of your claim over £5,000, you will make your claim in the traditional way. However, whiplash injuries will still be valued in accordance with the whiplash tariff.

To find out if the whiplash reforms could affect your claim, contact our team. They can also provide further guidance on the compensation you could receive if your claim succeeds.

How Much Time Do I Have To Prove My Car Accident Injury?

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.

The sun is setting behind a car that has crashed into a road guard, destroying the front end.

Could I Claim With No Win No Fee Car Accident Injury Lawyers?

If you’ve had a car accident in the UK, claiming with the help of a car accident injury lawyer could be beneficial. Our panel of solicitors offer their services under a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). Under this type of agreement, you can access the services of car accident injury lawyers without paying any upfront or ongoing fees.

If your claim succeeds, your solicitor will deduct a success fee from your compensation. This success fee is capped by legislation which ensures that you keep the most of your award. However, if your claim doesn’t succeed, then you won’t pay this fee.

To find out if you could be eligible to work with a lawyer for a car accident injury from our panel, get in touch with our team. Our advisors can evaluate your claim for free, and if they find it to be valid, they may connect you with a solicitor.

Contact Our Team

To learn more about car accident claims, contact our team today:

A white woman talks on the phone and holds her head in distress. The side of her car is damaged.

Related Information

  • 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.

Thank you for reading our guide on the question “how do I prove my car accident injury?”

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