What Is My Claim For A Car Crash On The Motorway Worth?
You might be able to make a claim if you have been injured in a car crash on the motorway. However, you must prove that your injury was caused by another motorist breaching their duty of care.
In this guide, we will explain the duty of care all road users owe each other whilst on the road.
Additionally, we will share examples of the types of accidents that could occur on the motorway.
Furthermore, we will discuss how a solicitor from our panel could help you with your potential claim, including the evidence they could help you gather and the basis on which they could represent your case.
You can contact one of our advisors today for more information. They are available 24/7 to offer free legal advice and answer any questions about personal injury claims.
To get in touch, you can:
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- What Is My Claim For A Car Crash On The Motorway Worth?
- Criteria To Claim For A Car Crash On The Motorway
- Evidence Supporting Your Motorway Injury Claim
- Types Of Motorway Accident Claims
- How Could UK Law Help Me To Claim Compensation?
- Read Our Related Guides On Claims For A Car Crash On The Motorway
Following a successful car accident claim, you could be awarded compensation for the way in which your injuries have affected you. Firstly, the suffering and pain your injury has caused you will be compensated for under general damages.
Many legal professionals, such as lawyers, will use the Judicial College Guidelines (JCG) to help them value this aspect of your claim. This is because the JCG assigns compensation guidelines to various injuries. We have used the amounts provided in the 16th edition of the JCG when creating the table below.
However, you should remember that the factors of your claim could affect the amount you receive. Therefore, it may differ from the amounts listed below. However, the last two entries are from the tariff in the Whiplash Injury Regulations 2021. As such, they are fixed amounts.
|Amputation of One Foot||The ankle joint will be lost as a result of the amputation.||£83,960 to £109,650|
|Serious Damage to Both Hands||The injury will cause a permanent cosmetic disability, and the hands will suffer a substantial loss of function.||£55,820 to £84,570|
|Knee - Severe (ii)||Constant pain, limited movement and other issues caused by a fracture in the leg that has extended into the joint of the knee.||£52,120 to £69,730|
|Back - Moderate (i)||The lumbar vertebrae suffers a compression or crush fracture that causes constant pain and other issues.||£27,760 to £38,780|
|Elbow - Less Severe||Impaired function but no major surgery or serious disability.||£15,650 to £32,010|
|Neck - Moderate (ii)||A severe disc lesion, wrenching-type or soft tissue injury that causes permanent pain and results in cervical spondylosis with other issues.||£13,740 to £24,990|
|Shoulder - Serious||Damage to the brachial plexus (lower part) and a dislocated shoulder that causes shoulder and neck pain, among other issues.||£12,770 to £19,200|
|Leg - Less Serious (ii)||A simple femur fracture where there is no articular surface damage.||Up to £11,840|
|Multiple Or One Whiplash Injuries||The injury lasts more than 18 months but not more than 2 years.||£4,215|
|Multiple Or One Whiplash Injuries With Multiple Or One Psychological Injury||The injury lasts more than 15 months but not more than 18 months.||£3,100|
You could also claim for the financial losses you’ve experienced because of your injury. These are compensated under special damages. There are various financial losses you could claim back, such as:
- Medical costs.
- A loss of earnings.
- Travel expenses.
- Care costs.
However, you will need to provide evidence of these losses. Payslips, invoices, and bank statements could all be used as evidence of monetary losses.
Contact our advisors today to see how much compensation you could be awarded after successfully claiming. Alternatively, read on to see whether you could make a road traffic accident claim.
To be eligible to claim road accident compensation, you must prove that another road user breached their duty of care. You must also show that this breach caused you to be injured in a road traffic accident, such as a car crash on the motorway. This forms the basis of negligence.
Road users owe each other a duty of care when using the road. This includes drivers, cyclists, motorcyclists, and pedestrians. Per their duty of care, they must navigate the roads in a responsible way to reduce the risk of causing themselves or others harm. The Road Traffic Act 1988 outlines the duty of care for road users, whilst the Highway Code provides guidance that promotes road safety.
If another road user, such as a driver, were to breach their duty of care, this could result in you being injured in an accident.
The Impact Of The Whiplash Reform Programme
The Whiplash Reform Programme has affected the process of making certain road traffic accident claims in England and Wales. As such, you will need to make your claim in a different way. This only applies to the following:
- You were a passenger or driver of a vehicle.
- You are 18+.
- You suffered whiplash or soft tissue injuries valued at £5,000 or less.
Per the reforms, the tariff included in the Whiplash Injury Regulations 2021 will be used to value your whiplash injuries.
If you have suffered additional injuries, causing the total value of your claim to be taken over £5,000, you will claim via the traditional route. However, the whiplash injuries you sustained will still be valued in line with the tariff. Your other injuries that aren’t covered by the tariff will be valued the traditional way.
What Is The Limitation Period For Motorway Collision Claims?
You need to be aware of the time limitations when making a personal injury claim. The Limitation Act 1980 states that you will have 3 years to start your claim from the date negligence occurred.
However, in certain circumstances, exceptions apply to this 3-year time limit. These can apply to claims involving minors and those who lack the mental capacity to claim.
Contact our advisors today to learn more about these exceptions. Additionally, they could let you know whether you’re eligible to claim and the route you need to take to do so.
Providing sufficient evidence could help prove who was liable for the accident and that you suffered an injury. Some examples of the evidence you could present in your claim include:
- Dashcam or CCTV footage of the accident.
- A police report, if applicable.
- Contact information of any witnesses.
- Medical evidence about your injury, such as a copy of your medical records.
Contact our advisors today if you are unsure whether you could make a claim. If they believe you could, they may connect you with one of our road traffic accident solicitors from our panel, who could help you collect evidence and build a solid case.
There are various ways you could be injured in a car crash on the motorway. Some examples include:
- The driver behind you is distracted by their phone and doesn’t realise that you have come to a stop due to traffic. This causes them to crash into the back of your vehicle, and you suffer a back injury.
- A driver under the influence of drugs or alcohol is speeding down the motorway, and they crash into your car. This could cause you to suffer a broken knee and a serious neck injury.
- A driver fails to check their mirrors before merging into your lane on the motorway, which results in a car crash, and you suffer a severe head injury and forearm fracture.
However, to be able to make a claim, you must prove that the accident was caused by another user of the road breaching their duty of care. You must have also suffered an injury in the accident.
Do not hesitate to contact our friendly advisors if you have any questions regarding personal injury claims for injuries sustained in a car accident.
One of the solicitors from our panel could help you with your claim. They have an immense amount of experience and knowledge handling various road traffic accident claims. Additionally, they could offer you a Conditional Fee Agreement, which is a kind of No Win No Fee agreement.
When working with a No Win No Fee solicitor on this basis, you generally aren’t expected to pay them any fees upfront or during the process of your claim for the services they provide.
Furthermore, you are usually not expected to pay them for the services they provided if the claim fails. However, if the claim succeeds, you will pay them a success fee. Success fees are a legally capped amount that is taken from your compensation.
If you’ve been involved in a motorway car accident and are still unsure whether you could make a claim, you can contact our advisors today. They are available 24/7 to answer any questions you may have about starting a personal injury claim.
Additionally, they may also be able to connect you with a solicitor from our panel who could help you with your claim. To discuss this further with an advisor today:
Additional articles about road traffic accident claims:
- Motor vehicle accident and injury claims explained.
- 5 changes to the Highway Code you need to know.
- Could I claim compensation after being hit by an undertaking car?
Further information and resources:
- GOV – Compensation for victims of uninsured or hit and run drivers.
- Think! – Advice for road users.
- NHS – How do I know if I’ve broken a bone?
Contact our advisors if you’ve been injured in a car crash on the motorway to see whether you could make a claim.
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