I Was Hit By An Undertaking Car, Could I Claim Compensation?
By Lewis Aaliyah. Last Updated 10th November 2022. This guide will explain how to claim compensation for being hit by an undertaking car. An undertaking car is a car that passes you on the left-hand side. In The Highway Code, drivers are advised not to undertake, except under specific circumstances.
If a road traffic accident that was not your fault resulted in your injuries, you might be eligible to claim compensation. If your car accident claim is favourable, our panel of solicitors could handle your claim and help you seek the compensation you deserve.
Will The Whiplash Reforms Program Affect Your Claim?
The government introduced the Whiplash Reform Programme in May 2021. Therefore, claimants whose injuries are worth less than £5,000 must use the government’s official injury claims portal. However, pedestrians, cyclists and motorbike riders are exempt from this rule. The new whiplash claims rules only apply to England and Wales.
If you don’t know how much your car accident claim is worth, we can help. Just call UK Law, and we can value your claim. Moreover, we can advise you on the best course of action.
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Undertaking can cause accidents, but is undertaking illegal? Undertaking in your car is not illegal. However, it is strictly not advised. The Highway Code rule 268 explains, “do not undertake on your left or move to a lane on your left to overtake”.
Although undertaking is not technically illegal, you could be punished by the police for careless driving if you undertake dangerously.
What is the penalty for undertaking?
The police may charge you for careless driving or driving without due care and attention. The police may issue you with a Fixed Penalty Notice (FPN). As a result, the police may fine you £100, or you may get three penalty points on your licence.
However, there are exceptions to this rule. The Highway Code rule 268 explains that it may be safer to undertake in slow-moving traffic. For example, if you’re on the motorway and the traffic in your lane is moving faster than the traffic on the right, it is safe for you to remain in your lane and pass the traffic on the right. However, it is dangerous to weave in and out of traffic.
We’ve already discussed questions, such as, ‘is it illegal to undertake in the UK?’ And, ‘what are the penalties for undertaking?’, But what is undertaking exactly?
Undertaking occurs when a driver uses the left-hand lane to overtake a slow-moving vehicle when they should use the right-hand lane. There is a serious risk posed to other drivers when undertaking. The Highway Code advises that drivers should not undertake.
If you have suffered a personal injury following an accident that was caused by another driver undertaking you, you may be able to claim. Motorists have a duty of care to drive with due care and reasonable consideration for other road users. This is outlined in the Road Traffic Act 1988.
In the next section, we’ll discuss, ‘is undertaking illegal on a motorway?’. Alternatively, get in touch with our advisors at any time.
When the road is clear, cars on a dual carriageway should stay in the left-hand lane and use the right-hand lane to overtake. Although it is not technically illegal to undertake on a dual carriageway, the police may charge the driver of the undertaking car with careless driving.
Drivers that stay in the middle lane of a motorway often frustrate other drivers. When you encounter a car that doesn’t move from the middle lane, you may be tempted to undertake them.
Technically, it is not illegal to undertake a vehicle on a motorway or dual carriageway. However, drivers should use the right-hand lane to overtake the car blocking up the middle lane.
You could make a road traffic accident claim under the following circumstances:
- The car driver was at fault.
- The car accident happened due to the other party’s negligence.
- What’s more, the car accident directly caused your injuries. You could use your medical records as evidence to prove this.
You can provide evidence to help you prove your injury claim. Evidence can include the following:
- Photographs of any damage to your vehicle
- Photographs of any visible injuries you sustained
- Dashcam footage of the accident
- Eyewitness contact details for statements
- Medical records
- Police reports about the incident
Uninsured And Untraced Drivers
Drivers are legally required to have at least third-party motor vehicle insurance. However, there are an estimated 1 million uninsured vehicles on the road. The Motor Insurers’ Bureau can pay your compensation if an uninsured or untraced driver hit you. If you have favourable ground for a claim, our panel of personal injury lawyers can negotiate with the MIB to make sure you receive the compensation you deserve.
How much compensation you could receive depends on factors such as the extent of your injuries. Compensation payouts for serious or life-changing injuries are usually higher. The compensation you receive for your injuries is known as general damages.
You can use the below table to estimate how much compensation you could claim.
|Category Of The Injury||About The Injury||Amount Awarded|
|Moderate Psychiatric Damage||This person will have experieced problems with several aspects of their life. They will have a good prognosis and may already have made improvement by the time of the claim.||£5,500 to £17,900|
|Eye Injury - Total Loss||How much is awarded in damages depends on the cosmetic effect, how old the person is and what psychiatric effect it has had on someone.||£51,460 to £61,690|
|Traumatic Chest Injury (b)||A traumatic chest injury (which could affect the lung, lungs or heart) impairing the function of the affected part and causing physical disability.||£61,710 to £94,470|
|Wrist Injury (a)||Where the wrist no longer has any useful function.||£44,690 to £56,180|
|Wrist Injury (b)||Causing significant and permanent disbaility where there remains some useful movement.||£22,990 to £36,770|
|Moderate Pelvic Injury (i)||Significant pelvic or hip injury where any disability is not major but which may be permanent.||£24,950 to £36,770|
|Moderate Pelvic Injury (ii)||The person may require a hip replacement or other surgical procedures. The bracket could also include instances where a hip replacement could be required in the future.||£11,820 to £24,950|
|Moderate Knee Injury (i)||Dislocated knees, cartilage tears and injuries which could lead to minor instability in the joint or disability in the future.||£13,920 to £24,580|
|Moderate Knee Injury (ii)||Similar injuries to the above bracket but where the injury is less severe. If left in continuous discomfort or aching, a higher settlement may be awarded.||Up to £12,900|
We have based the compensation amounts in this guide on figures from the Judicial College Guidelines. Of course, you may receive more or less compensation for your injuries. So please feel free to call UK Law’s helpline and our advisors can provide you with a personalised compensation estimate.
In addition, you may be eligible to claim special damages compensation. Special damages reimburse you for any expenses associated with your injuries. The table does not include the special damages you could claim, as these vary too much from case to case.
Special damages can include the following:
- Medical expenses, including funds to pay for medication
- Care expenses
- Travel expenses (such as to and from healthcare appointments)
- Loss of income reimbursement
- Funds to pay for adapting your home or mobility equipment if you become disabled after suffering life-changing injuries.
To begin your undertaking accident claim, call us today. Our panel of lawyers negotiate with the other party to ensure you receive the appropriate compensation. Our panel of solicitors has years of experience handling car accident claims, so your case would be in good hands.
What’s more, the solicitors on our panel could handle your injury claim as a No Win No Fee case. You would sign a Conditional Fee Agreement, which is another term for a No Win No Fee agreement.
Under such an agreement, you would only pay your solicitor a success fee if your claim is successful. This fee is capped by law. Alternatively, if the claim isn’t successful, you wouldn’t need to pay the success fee at all.
Our panel would only take on a No Win No Fee claim if there is adequate evidence to support your case, so you can feel confident if you claim.
To see if you can begin your claim, please:
- Get in touch with us today on 020 3870 4868.
- Alternatively, start your claim online via our website form.
- Or, use our chat widget to ask a claims advisor a direct question.
Road Traffic Accident Resources
We appreciate you reading our guide to claiming compensation for an accident caused by undertaking. Please read these guides if you want to learn more about making a car accident claim.
Find out what you can do if an untraced driver hits you.
A government guide to claiming compensation after an accident or injury.
Road traffic injury statistics, year ending June 2021.
Other personal injury claim guides
- A guide on claiming with road traffic accident solicitors
- Passenger road traffic accident claims
- Road accident solicitors – why work with a claims expert?
We hope this undertaking car accident guide has been helpful.
Checked by HT