How To Make A Successful Car Accident Compensation Claim
By Emily Mochi. Last updated 26th April 2023. This guide will explain how to claim car accident compensation. If you were injured in a car accident that was not your fault, we could help you claim compensation.
Experiencing a car accident injury can be devastating. Your injuries may affect your quality of life or reduce your ability to work. So, if you have suffered an injury because of a car accident, please get in touch with UK Law today. We can value your claim and (if you have a valid claim) could assign our panel of solicitors to work on your case.
Select A Section
- Report Your Car Accident
- Collect Evidence Of Your Accident And Injuries
- Keep Detailed Records Of Financial Losses The Impact Of The Accident On You
- Don’t Always Accept The First Offer
- Check What You Can Claim For A Car Accident
- Talk To Our Panel Of Expert Car Accident Compensation Solicitors
Before claiming car accident compensation, you need to report your car accident. Under the Road Traffic Act 1988, you must pull over at the nearest safe place if you experience a car accident. What’s more, you must report your car accident to the police if you’re injured. You should report your car accident within 24 hours.
You can report car accidents to the police in person. Alternatively, you can make a car accident report to the police online.
Moreover, you should report the car accident to your insurance company as soon as possible. Most insurance providers have a time limit to report road traffic accidents. If you wait longer, you may be breaking the terms of the agreement. Please read through your policy, or contact your car insurance provider for more information.
In the unfortunate event that an uninsured driver hits you, you would claim compensation through the Motor Insurers’ Bureau.
If you wish to claim car accident compensation, you can collect evidence to support your claim. The more strong evidence you collect, the better it could be for your case. The first step we recommend you take is to seek the appropriate medical treatment for your injuries. It’s important to prioritise your health. Moreover, if a medical professional diagnoses your injuries, your medical records can be used as medical evidence to support your claim.
You can also do the following if you are injured in a car accident:
- Exchange contact details and insurance information with the other driver.
- Record information about the other vehicle involved in the accident.
- Take the names and contact details of eye-witnesses to the accident. These people may be able to provide a witness statement in the future.
- Provide dashcam footage or CCTV footage of the accident.
- Photograph any visible injuries caused by accident.
- Provide financial records that demonstrate any financial losses you have made because of the accident.
- You can provide financial records of your loss of income or earnings after the car accident.
Unfortunately, becoming injured in a car accident can hurt your quality of life. You may find you suddenly have a lot of expenses to pay for. If you claim car accident compensation, you could claim back these costs as special damages. Please keep records and receipts as proof of your expenses.
You could, for example, record the following financial losses:
- Medical expenses, such as the cost of medication.
- Travel expenses, such as the cost of taking a taxi to the hospital after your accident.
- The cost of any care you may need.
- You can claim back your loss of earnings after a car accident. For example, you may have been unable to work after your injuries. Therefore, you may have missed out on salary payments.
- If you become disabled because of a car accident, you may need funds to pay for mobility equipment. Moreover, you may need to adapt your home.
Keep A Record Of How The Accident And Injuries Have Affected You
After a car accident, you may experience minor, moderate or severe injuries. Car accident injuries can have an ongoing impact on your quality of life. We recommend you keep a diary of your injuries. The diary will record how the injuries affect you day in day out. The diary can also record any expenses you have, relating to your injuries.
After a car accident, a lawyer or insurance company representing the other party may contact you and offer you compensation. We strongly recommend that you do not accept an offer of car accident compensation without first consulting your lawyer (if you use the services of one).
The compensation amount you are owed may be higher than what the other side offers. You can’t make another claim once you have accepted a compensation payout.
To help with an accurate estimate of what you could claim, you’d attend an independent medical assessment as part of the claims process. Our panel of solicitors would arrange this for you, preferably in your local area.
An independent medical professional would check your injuries and:
- Assess their severity.
- Establish whether your injuries may have been caused or worsened by (or not linked to) the accident.
If they find that there’s no link between your injuries and the accident, it would be difficult to claim. However, the medical report the medical professional produces can be used as evidence. Your solicitor can also use it to value your injuries.
If your car accident claim is valued at less than £5,000, you would have to claim compensation through the government’s Official Injury Claims portal. For a free estimate of what you could claim, contact our advisors today.
If your road traffic accident claim is worth more than £5,000, you can take the usual personal injury claim route. Please feel free to use the table below to determine how much car accident compensation you could claim. The compensation payouts in this table are based on figures in the Judicial College Guidelines (JCG). Solicitors use these guidelines to help when valuing injuries.
However, please note whilst the JCG figures are a guide, the last two entries are taken from the tariff set out in the Whiplash Injury Regulations 2021 which are fixed amounts.
|Brain Damage||Moderately Severe (b)||£219,070 to £282,010||The person will have serious disabilities and will depend on others substantially. There may require constant professional or other care.|
|Brain Damage||Moderate (c) (i)||£150,110 to £219,070||Cases where there is a personalty change, severe to moderate intellectual deficit and where vision and speech have been affected.|
|Chest Injury||(c)||£32,310 to £54,830||Injuries to the lung(s) and the chest that have caused a degree of disability.|
|Digestive System||Damage Resulting from Traumatic Injury (a)(i)||£43,010 to £61,910||Damage is severe and the pain and discomfort is continuing.|
|Neck Injury||Severe (a)(ii)||£65,740 to £130,930||Serious damage to the cervical spinal disc or a serious fracture. This could lead to a disability that is considerably severe.|
|Neck Injury||Severe (a)(iii)||£45,470 to £55,990||An injury that causes a dislocation, fracture or severe soft tissue damage. The injury could result in a chronic condition and permanent disability.|
|Back Injury||Severe (a)(ii)||£74,160 to £88,430||Nerve root damage, reduced mobility, loss of sensation, disruption to bowel and bladder function as well as sexual problems.|
|Back Injury||Moderate (b)(i)||£27,760 to £38,780||Compression or crush fractures of the lumbar vertebrae leading to a risk of osteoarthritis.|
|Whiplash||One or more whiplash injuries with one or more minor psychological injuries 2(1)(b)||£4,345||Lasting more than 18 months but no longer than 24 months.|
|Whiplash||One or more whiplash injuries with one or more minor psychological injuries 2(1)(b)||£3,100||Lasting more than 15 months but no longer than 18 months.|
General damages are included in the compensation table above. General damages compensate for the pain, suffering and loss of amenity your injuries have caused. Please call us today, and an advisor can value your claim based on your circumstances.
In addition to claiming general damages, you may also be owed special damages. Special damages reimburse you for any financial losses your injuries have caused. Below are some examples of special damages:
- Medical expenses, such as the cost of medication
- Travel expenses, such as the cost of parking at a hospital
- Care costs
- Mobility aids, such as a hearing aid or wheelchair, where the NHS couldn’t cover costs
- The cost of adapting your home in the event you are now disabled because of the car accident
- Loss of earnings after a car accident
In order to prove special damages, you’d need to provide evidence such as payslips, invoices or bank statements.
Car Accident Claims For Whiplash
With certain car accident claims, the process of seeking compensation can differ. This is due to the Whiplash Reform Programme, which altered the way that you claim accident compensation for whiplash injuries. This introduced changes that mean adult passengers and drivers with injuries valued below £5,000 need to claim a different way.
Additionally, the Whiplash Injury Regulations 2021 are used when valuing whiplash injuries. Injuries will be valued in the traditional way if they are not included in the tariff of injuries.
If you have additional injuries that bring the value above £5,000, you can make a claim in the traditional way. The whiplash tariff will still be applicable to whiplash injuries, however.
To learn more about how to claim after a car accident and what you can receive for whiplash injuries, please contact an advisor from our team.
If you have recently been injured in a car accident that wasn’t your fault, talk to UK Law today. Our panel of solicitors could handle your car accident claim. They can value your claim accurately and try to negotiate with the defendant to ensure you receive the right compensation.
What’s more, our panel offer their services on a No Win No Fee basis. In a No Win No Fee claim, you sign a Conditional Fee Agreement, which is the formal term for a No Win No Fee agreement. It means you won’t pay your solicitor their fee if the claim doesn’t win. What’s more, you won’t need to pay an upfront or ongoing solicitor’s fee.
If the claim does win, you’d be charged a success fee. However, this fee is capped by law and the solicitor would only take it after the compensation has come through.
To see if you can begin your car accident compensation claim, please contact us today using the details below. We will be happy to offer you free legal advice on claiming compensation for a car accident.
Further Resources For Victims Of Car Accidents
We appreciate that you took the time to read our car accident claims guide. Please read these guides below if you want to know more about claiming compensation for a car accident.
An NHS guide to whiplash injuries. If you have experienced the symptoms of whiplash after a car accident, please visit your doctor.
A government guide on what to do if you have an uninsured vehicle.
Road casualty statistics from road safety charity, Brake.
Thank you for reading our guide to claiming car accident compensation.
Checked by HT