What Are Car Accident Victims’ Rights?

Updated by Max McFadden on 22nd March 2022. Have you been injured in a car accident and are unsure what car accident victims’ rights you have? Car accidents can be a stressful experience, not to mention traumatising. Especially if you suffer injuries through no fault of your own. Errors made by drivers account for many car accidents, such as a driver pulling out of a junction too soon and crashing into another car.                              

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What are the rights of car accident victims?

A road traffic accident can cause significant injuries to drivers. This guide will address your rights after being injured in a car accident. It will also explore how you can file a personal injury claim to receive personal injury compensation for your injuries. 

 

 

Car Accident Victims’ Rights – Your Questions Answered

Before reading this guide, you may have some questions:

  • I was injured in a car accident, what are my rights?
  • I was a passenger in a car accident, what are my rights?

This guide will answer questions you may have regarding making a personal injury claim after suffering a car accident that wasn’t your fault. It will explore the rights you have to make a claim and whether you should report the road traffic accident to the police. If you’d like to make a claim, UK lawyers could help with your personal injury claim as they have knowledge and experience in this field.

Get In Touch With Our Team If You’re The Victim Of An Accident

If you’ve suffered an injury in a car accident that wasn’t your fault, you may be able to pursue a personal injury claim and receive compensation. 

You can have a chat with our friendly team of advisers to learn more about personal injury claims and whether you can file one. Once someone from our advisers has had a chat with you, they can answer any questions you may still have remaining. To be connected to an expert solicitor from our panel, the advisors will check your case is valid first.

If you’ve been a victim of an accident, they can also provide you with a compensation estimate. Any claims the solicitors take on will be conducted on a No Win No Fee basis. 

To receive free legal advice from our advisers, we recommend you:

  • Call us on 020 3870 4868. One of our advisers will be happy to chat with you about your situation.
  • Start your claim online
  • Chat with an adviser through our live chat pop-up box for an instant reply.

Services And Information

  1. Important Information About Car Accident Victims’ Rights
  2. What Is A Car Accident Victim?
  3. What Should You Do If You Are The Victim Of A Car Accident?
  4. Car Accident Victim Compensation Calculator
  5. Car Accident Victims’ Rights To Information About The Other Driver
  6. Do Victims Have A Right To The Other Driver’s Insurance Information?
  7. What Other Information Should Car Accident Victims Collect?
  8. What Are Your Rights If Injured By An Uninsured Driver?
  9. Do You Have The Right To Claim Compensation?
  10. Should You Report Your Car Accident?
  11. No Win No Fee Car Accident Injury Claims
  12. Other Information About Car Accident Victims’ Rights
  13. FAQs About Car Accident Victim Injury Claims

Important Information About Car Accident Victims’ Rights

This guide will discuss your rights after suffering a car accident. Firstly, it will look at what a car accident victim is, including some statistics on road traffic accidents. There will then be a section exploring what you should do if you’re the victim of a car accident, such as collecting evidence for a claim. Additionally, there is a personal injury claims calculator table providing compensation figures for different injuries. 

There is also information on whether car accident victims have the right to receive the other drivers’ information, such as insurance details. Moreover, the guide will look at your rights if you’ve suffered a car accident with an uninsured driver. This guide explores what a car accident victims’ rights are by highlighting if you are able to claim in different circumstances.  

Additionally, there is a section exploring how to report car accidents and whether you need to report them. There will also be information regarding No Win No Fee agreements. No Win No Fee Agreements are a good way to fund a solicitor.  If you’d like to get straight to the personal injury claims process today, you can reach our team 24/7 for free legal advice.

What Is A Car Accident Victim?

There is a range of different car accidents that can occur due to driver error, such as:

  • T-Bone: This is where one car strikes the side of another car. This often occurs if one driver ignores a red light or stop sign and drives through it.
  • Sideswipe: This is where the side of two cars collide. Often this occurs when both cars pull out of a lane at the same time.
  • Rear-end collision: this car accident happens when a car crashes into the one in front of it. Rear end collisions usually happen because the driver behind does not leave enough stopping distance. 
  • Head-on collision: typically, this car accident takes place when one car on the incorrect side of the road drives into the front of another car. 

If you’ve been in a road traffic accident that wasn’t your fault, you’re a car accident victim and you could make a personal injury claim to receive compensation for any injuries you’ve suffered. To hold a valid claim you need to prove three areas:

  • You were owed a duty of care
  • This duty was breached by a negligent action
  • You suffer preventable injuries.

All road users owe each other a duty of care not to cause accidents and injuries. This duty of care is applied by the Road Traffic Act 1988. If you’re asking questions like “I’ve been injured in a car accident, what are my rights?”, these rights are partly established by legislation such as this.

Road Traffic Accident Statistics

Government statistics on reported road traffic accidents for Great Britain reveal a number of things about the causes and outcomes of the resultant casualties. Amongst these, there are figures available for the kinds of accidents caused by injudicious actions taken by road users.

Every road user has the right to travel as safely as possible. This right to the safe use of the road is intended to be upheld by all road users obeying the Highway Code. This is a set of rules and guidelines that have been written to decrease the possibility of accidents and injuries occurring on the road.

Drivers, cyclists, and even pedestrians are all expected to follow the Highway Code. If they are not aware of or flagrantly ignore the rules, then they can put themselves, any passengers they may have, and other road users at risk of injury or even death.

This responsibility that all road users have to one another is known as a duty of care. This duty of care is breached when they travel or act in an unsafe way and accidents that cause injuries take place as a result. If you’re the victim of an accident caused by another road user’s negligence, you may be able to receive compensation.

As you can see from the graph below, the figures have been divided into three categories regarding the severity of injury caused by each injudicious action:

  • Slight
  • Serious
  • Fatal

The graph shows that exceeding the speed limit was the leading cause of all three categories of accident. The second most common cause was travelling too fast for the conditions. Again, this is true across all three severities of injury.

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Car accident victims’ rights statistics graph

What Should You Do If You Are The Victim Of A Car Accident?

After being involved in a car accident, the first thing you should do is stop the car, as failing to do so is an offence if there has been injury or damage to property to someone other than yourself.  Next, you should switch the car engine off and switch your hazard lights on so other drivers are aware of why you’ve stopped.

You should also check to see if you or any other drivers, pedestrians or, vulnerable road users or passengers are injured. If they are, for example a pedestrian is hit by a car, then immediate medical assistance may be required. You can dial 999 and ask for the ambulance service.

If needed, you can also call 999 or 101 if you require police assistance. If you’ve been the victim of an accident, a particular road may need to be closed for other people’s safety. The police can help with this. You also have the right to ask for information from the other drivers, such as their name, address, phone numbers, and insurance company details. You also must give your details to them. 

Additionally, gathering any evidence you can from the scene of the accident can help you during your claim. For example, taking photographs of the damage caused by the accident. If you are unable to do this yourself, you could ask someone else to do so for you if there aren’t more immediate concerns.

Another good way of proving you were not at fault for the accident is CCTV footage. If your accident was captured by a CCTV camera, you have a right to request the footage if you appear in it. Written witness statements from anyone who saw the accident can also come in useful; you can collect contact details so that one can be taken at a later date.

Car Accident Victim Compensation Calculator 

This guide could include a personal injury claims calculator, however, every car accident case is different and will result in different compensation amounts being awarded. Instead, the table below includes figures taken from the Judicial College Guidelines. This is to explore the amounts that some claimants could receive for specific injuries.

As clarified in more detail below, there are many different aspects that dictate the amount of compensation you could receive should your claim be successful. Please remember that the figures below from the Guidelines are only an indicator of what you could receive as every claim is unique.

Part of Body:Level of Injury:Compensation Amount:Injuries may Include:
Amputation of Both ArmsLoss of both arms£225,960 to £281,520Reducing a person with full awareness to a state of considerable helplessness.
Amputation of One ArmLoss of one armNot less than £128,710Arm amputated at the shoulder.
Other Arm InjuriesSevere£90,250 to £122,860Injuries which fall short of amputation but which are extremely serious and leave the injured person little better off than if the arm had been lost.
Other Arm InjuriesInjuries Resulting in Permanent and Substantial Disablement£36,770 to £56,180Serious fractures of one or both forearms where there is significant permanent residual disability.
Amputation of Both LegsLoss of both legs£225,960 to £264,650Both legs amputated above the knee or one leg above the knee and the other leg below.
Above-knee Amputation of One LegLoss of one leg£98,380 to £129,010Award depends on level of amputation, severity of phantom pains, side effects, and associated psychological problems.
Other Leg InjuriesSevere£90,320 to £127,530The most serious injuries just short of amputation.
Other Leg InjuriesModerate£26,050 to £36,790Complicated, multiple fractures or severe crushing injuries.
Foot InjuriesAmputation of Both Feet£158,970 to £189,110Treated similarly to below-knee amputation of both legs.
Foot InjuriesVery Severe£78,800 to £102,890The injury must produce permanent and severe pain or really serious permanent disability.

Do car accident victims’ rights include compensation for mental injury?

If you suffer a recognisable psychological condition due to a car accident that wasn’t your fault, you could be eligible for compensation. We could advise you on how to claim for such injuries.

It isn’t uncommon for the victim of an accident to suffer anxiety, mental trauma or PTSD. If your psychological injury is directly caused by the car accident, you could receive damages for this.

General damages account for physical and mental health injuries that take place as a result of the accident. Each reward bracket depends on the severity of the injury and how long the treatment takes.

Special damages act as compensation for the financial outgoings that have taken place due to your injuries. For example: 

  • Loss of earnings and future loss of earnings
  • Medical costs such as prescription charges.
  • Public transport costs if you are left unable to drive.
  • Home and car adaptations

This list is by no means exhaustive. We always encourage claimants to check that they will be reimbursed before they make any payments. You can contact us to see if you can claim. We can provide you with a compensation estimate. Furthermore, we can also answer any questions or queries you have, such as “I’ve been injured in a car accident, what are my rights?”

Car Accident Victims’ Rights To Information About The Other Driver

If you are involved in a car accident that causes injury or damage you have the right to the contact information of those involved. This is so that you can make a personal injury claim against them/their insurance if you suffer injuries or damage to your car due to the accident. If anyone fails to provide their contact information they need to report the accident to the police within 24 hours. 

You could ask for the following details: their name, phone number, address, and insurance details. If you think someone may be uninsured or under the influence of drink or drugs it may be a good idea to call the police. 

Do Victims Have A Right To The Other Driver’s Insurance Information?

If you or any others have suffered injuries in a car accident you could ask the other drivers to provide their insurance details. This way if you want to make a personal injury claim you could contact their insurance company. Furthermore, you can make this request later on rather than at the scene of the accident. 

It’s recommended that you request the other drivers’ insurance details even if you haven’t suffered an injury and your car isn’t damaged. This is because you may only notice injuries or damage to your car later on and decide to make a claim against their insurance. 

Do car accident victims’ rights extend to having a driver prosecuted?

The police could present a case to the Crown Prosecution Service if the car accident involved a criminal act. They would decide on whether to approve a prosecution. This could, for example, involve a hit and run.

What Other Information Should Car Accident Victims Collect?

It’s recommended that you make a note of as many details as you can about the incident. If you do decide to go ahead with a personal injury claim, this information will give your claim a higher chance of success. Examples of some information you can collect from the car accident are:

  • Registration numbers of vehicles involved in the accident, as well as the colours and models of the cars.
  • Time and date of the accident.
  • A drawing of the crash and how the cars are positioned.
  • A note of the weather conditions and any road quality issues you notice.
  • Damage to the vehicles and any injuries you, other drivers, passengers, or pedestrians have sustained.

The more information you collect from the accident, the better chance your claim has of succeeding. This is because the information allows you to provide more evidence of exactly how the crash happened, who was at fault, what damage has happened to your car, and what injuries people involved may have suffered.

What Are Your Rights If Injured By An Uninsured Driver?

Sometimes when car accidents take place the person at fault is uninsured. Also, other times the person at fault may leave the scene of an accident before you are able to exchange any details. If they are not found later on this could be classed as a Hit and Run. If you suffer injuries in a car accident with an uninsured driver, the Motor Insurance Bureau (MIB) may be able to compensate you for your injuries.

You may need to provide the following information: the date and time of the accident, other vehicles involved in the accident, and your name, address, and phone number. The MIB works to allow those who suffer a vehicle accident with the means to be compensated if hit by an uninsured driver. Uninsured vehicles are an issue as victims can’t claim against their insurance if they suffer a road traffic accident.

If you decide to make a claim against a driver who is not insured, our advisors can offer free advice on how to do this through the MIB.. Also if you do not want to claim alone you may be connected to our panel of solicitors. If they agree to take your case on it will be on a No Win No Fee basis. 

Do You Have The Right To Claim Compensation?

A compensation claim for a personal injury could be conducted if you can prove that your injury happened due to a breach of the duty of care owed to you on the roads. You should ensure you have collected as much information as possible from the other driver(s), such as their name, address, phone number, registration number, and insurance details. Information like this can be requested as part of your car accident victims’ rights. You should also note down the date and time that the accident occurred. 

The more information you collect from the scene of the accident, the more evidence you have to prove the accident wasn’t your fault. 

My children and I were injured in a car accident, what are my rights to claim compensation for them?

A responsible adult could act as a litigation friend in a child car accident claim. However, the compensation for the victim of an accident that is under 18 would usually go into a trust. They could access this when they come of age.

What are relations of car accident victims’ rights?

If a loved one is killed in a fatal car accident, some relations might be able to claim compensation. The award could include damages for funeral costs. In some cases, relations of car accident victims could receive a bereavement award.

Could the victim of an accident claim if they weren’t injured?

You could only make a personal injury claim if you could prove you were injured in an accident. This would require a medical report.

Need more information about car accident victims’ rights?

If you need more advice, you can contact our advisers who will happily offer you free legal advice at any time.

Once they’ve learned more about your situation, they can put you in touch with an expert solicitor from our panel who can help you start your claim. They can only discuss No Win No Fee agreements with you and assess how much compensation you could receive for your injuries. 

Should You Report Your Car Accident?

If a car is blocking the road at the scene of the accident, you should call 999 to alert them of this as it could cause another car accident. The police can then proceed to corner off this part of the road, preventing a potential car crash. Moreover, you could report the car crash to the police if you believe the other driver caused the incident on purpose in order to claim compensation.

If the car doesn’t stop, you should attempt to get their vehicle registration number so the police can track them down. You can also alert the police of the incident if you think the other driver may have been drinking or taking drugs. On the other hand, if the incident isn’t urgent, you can contact the police through their non-emergency number 101.

Please note that you must report the incident within 24 hours if there has been an injury or damages to someone other than yourself and you fail to leave any details with others involved.  If the incident isn’t urgent you can report the car accident online via the police accident report form.

 

No Win No Fee Car Accident Injury Claims

The solicitors on our panel are happy to work with claimants on a No Win No Fee basis. No Win No Fee agreements are a useful way of being able to afford legal representation as you aren’t obligated to cover your solicitor’s fees unless your claim is successful.

If your claim is not successful, you aren’t obligated to pay any of the fees your solicitor has worked for. If your claim is successful, your solicitor will deduct a small percentage of your final settlement amount. This percentage is kept small so that most of your compensation is protected. You will also be made aware of this beforehand. We present no extra hidden fees.

You can contact our friendly team of advisers today to discuss your claim, what car accident victims’ rights you have, and how much compensation you could receive. Once an adviser has learned more about your situation, they can connect you with our panel of personal injury solicitors. They can discuss No Win No Fee agreements with you.

To learn more about your legal rights in a car accident, you can:

Other Information About Car Accident Victims’ Rights

Is There A Time Limit To Make A Medical Negligence Claim?: If you’d like to make a medical negligence claim, our guide explores how much time you have to do this.

Can You Sue On Behalf Of Someone Else? – A Complete Guide For Claiming Compensation For Someone Else: If you’d like to sue on behalf of someone else, this article tells you how you can do this.

How Long Do You Have To Report A Car Accident?: Have you suffered a car accident? Our guide discusses how much time you have to report it. 

Broken Leg: this NHS article includes the signs treatment and recovery process of a leg fracture.

Broken Arm or Wrist: Have you suffered a broken arm or wrist injury? This NHS guide contains the symptoms of a wrist/arm fracture, and more.

Information On Signs Of A Broken Bone: If you think you may be suffering from a fracture, this NHS article discusses the signs and treatment of a fracture.

FAQs About Car Accident Victim Injury Claims

Time limits to make a car accident claims

The general personal injury claim time limit is three years. That’s three years from the date you suffer the accident or three years from when you gain knowledge that the injuries were due to someone else’s negligence. 

If you’re under 18, the three-year personal injury claims time limit begins on your 18th birthday. However, a friend/family member can act as a litigation friend to pursue the claim for you before you turn 18. 

Similarly, if you’re mentally incapacitated, the three-year time limit begins from when you commence your recovery. On the other hand, someone you trust can become a litigation friend to file the personal injury claim on your behalf.

Should I accept the first offer of compensation?

Sometimes insurers will offer you a pre-med offer. We advise claimants that without knowing the full extent of their injury they may be short-changed. As you cannot go back and ask for more once the claim is settled this may not be the best idea. 

Do insurance companies automatically pay pain and suffering?

If you suffer injuries due to a car accident that isn’t your fault, the insurance company will compensate you for the pain and suffering you experience. As long as it is an honest claim and you can prove with medical evidence the injuries you have suffered. 

We hope you have found this guide on car accident victims’ rights useful and informative. To learn more about claiming if you’ve been the victim of an accident, contact us for free legal advice at a time that works for you.

Writer HL

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