Motor Vehicle Accident And Injury Claims Explained
Welcome to our motor injury claim guide. Have you been in a road traffic accident that wasn’t your fault? If your answer is ‘yes’, then you could look at filing a compensation claim.
That’s what this guide will explain, as it covers everything from road accident statistics to claim criteria and potential settlement figures. By reading this guide, you may receive the necessary knowledge to confidently claim personal injury compensation.
Get In Touch With Our Team
Before reading the guide, keep in mind that you can discuss a motor injury claim with UK Law at any time. Our advisors are on-hand 24/7 to give free legal advice. What’s more, you’ll be under no obligation to proceed with the services of our panel of personal injury solicitors after getting in touch.
We can assist you whenever you’re ready. Simply:
Just remember that you’re under no pressure to file a motor injury claim just because you speak to our advisors. The final decision should be yours on whether or not to pursue legal action against the defendant.
Services And Information
- Everything You Need To Know About Motor Injury Claims
- What Is A Motor Injury Claim?
- How Safe Are The UK’s Roads?
- Check And See If You Are Eligible To Claim
- How Much Will I Get For A Motor Injury Claim Settlement?
- Local Authority And Highways Agency Claims
- Untraced Driver And Uninsured Driver Claims
- How Long Will It Take To Get My Compensation?
- How Much Time Do I Have To Begin My Claim?
- I Suffered A Motor Vehicle Injury, What Should I Do?
- Pre-Action Protocols For Road Traffic Accident Claims
- Claim For A Motor Injury On A No Win No Fee Basis
- Other Information
- FAQs About Claiming For A Motor Injury
Everything You Need To Know About Motor Injury Claims
In this guide, we provide a full breakdown of what a motor injury claim is. However, to make a personal injury compensation claim in the first place, you must meet three points of criteria. To begin with, the defendant owed you a duty of care (as per The Highway Code, for example).
Under the Highway Code, road users should use the roads with standard care and skill. They should avoid reckless road use that could cause others injury.
If the defendant breached this duty of care, which led to an accident taking place, and you were injured as a result, you could make a motor injury claim.
What Is A Motor Injury Claim?
A motor injury claim would be a compensation claim for any motor accident (resulting in your injuries) that wasn’t your fault. Motor vehicles can include cars, vans, motorcycles, buses, taxis, lorries, mopeds, bicycles or other vehicles. The premise would be that the driver of another vehicle caused an accident that harmed you.
Even if they stop their vehicle to check on you and exchange details, you could still claim for your injuries. As for the injuries themselves, these could range from minor fractures to permanent, life-changing damage. In extreme cases, you may even be claiming on behalf of someone that loses their life due to the accident, a child or someone who lacks the mental capacity to claim.
As for how accidents could happen, it may be that the road conditions aren’t maintained as they’re supposed to be and vehicles crash because of potholes, for instance.
Or it could be that the other vehicle is speeding and knocks you over because they didn’t slow down.
Whatever the cause might be, if your injuries are due to someone else’s negligence, you could have the right to seek compensation. Why not reach out if you have any queries about making a motor injury claim?
How Safe Are The UK’s Roads?
The UK’s roads can, unfortunately, be the location for many accidents on an annual basis.
For instance, according to the Government’s annual statistics, there were 1,460 reported road deaths in Great Britain during 2020. Furthermore, in the same report, it’s revealed that 23,529 people were killed or seriously injured. Finally, when accounting for casualties of all severities in 2020, the figure stands at 115,584.
As you can see, road accidents remain all too common. If you happen to suffer injuries from a road accident that wasn’t your fault, you might choose to file a motor injury claim. Contact us today to see if you can begin your claim.
Check And See If You Are Eligible To Claim
There are three requirements to claiming:
- The defendant owed you a duty of care to protect your safety
- They breached this duty of care, causing an accident
- The accident caused your injuries
If your case meets these requirements, you could claim.
Furthermore, you should produce evidence that you suffered one or more injuries due to the accident. You’ll also need evidence to prove that you incurred financial losses because of your injuries.
All of this combines with the earlier information about a duty of care breach. Assuming that you can tick all of these boxes, you could have valid grounds to file a motor injury claim. If you want to know more about claim eligibility, make sure to contact our advisors.
How Much Will I Get For A Motor Injury Claim Settlement?
The amount of compensation that you could receive for your injuries depends on the extent of the damage and the nature of them. For instance, a minor bone fracture with full recovery would likely attract less compensation than permanent neck damage with residual disability.
The compensation table below offers examples of what you could receive for various injuries as per the estimates of the Judicial College. Remember that these are only estimates and shouldn’t be taken as guarantees of what you would receive.
|Brain Injury||Very Severe (a)||£264,650 to £379,100||Permanent brain damage that significantly impacts the victim's life & mental capacity.|
|Paraplegia||Severe (b)||£205,580 to £266,740||Permanent paralysis reducing movement within the body & causing a reduction in life expectancy.|
|Back Injury||Severe (a) (i - iii)||£39,390 to £151,070||Significant spinal cord damage requiring surgery & potentially preventing the victim from walking again.|
|Arm Injury||Injuries Resulting in Permanent and Substantial Disablement (b)||£36,770 to £56,180||An arm injury that sees the victim suffer permanent nerve damage, thus limiting movement within the affected arm.|
|Neck Injury||Minor (c) (i)||£4,080 to £7,410||Where there's a full recovery within about 1 to 2 years.|
We must note that your compensation divides into general and special damages. General damages focus on physical pain, mental suffering and a loss of amenity due to the accident. As for special damages, these relate to financial expenses or losses because of the injuries.
Special damages can include:
- Loss of earnings (if you can’t work while you recover, for example)
- Hospital appointment travel costs
- Medication expenses
A care claim is also possible within special damages if you require aftercare during your recovery, possibly permanently. This could cover gracious care from relatives and friends as well as hiring a nurse to look after you.
Local Authority And Highways Agency Claims
We noted earlier that road conditions could be the potential cause of the accident. Therefore, it’s entirely possible that the defendant wouldn’t be another motorist but rather your local council or the Highways Agency. After all, they have a duty of care to preserve the safety of locations under their control.
That includes taking care to ensure the safety of anyone using a public place or service, with roads being amongst them. Consequently, if you suffer injuries from poor an injury caused by a lack of timely road maintenance (potholes, faulty traffic lights, minimal street lighting etc.), you may wish to claim against the local authority.
Keep in mind that claiming can be a big step to take. Therefore, you need substantial evidence to support your case.
Untraced Driver And Uninsured Driver Claims
When making a motor injury claim, it’s easy to assume that the client will have been able to take down the defendant’s details. Additionally, they may assume that the defendant has insurance. However, what if this isn’t the case?
What if the driver goes untraced by escaping the scene after a hit-and-run accident? Or perhaps the driver is known, but they don’t have insurance? Could the victim still file a claim?
The simple answer is yes. In both scenarios, the would-be client would go through the Motor Insurers’ Bureau (MIB) to make a claim. That’s because the MIB specifically deals with claims involving untraced and uninsured drivers. A solicitor could support you with this.
Therefore, the person suffering injuries could still claim with the knowledge that they may receive the justice they deserve. Our panel of road traffic accident solicitors can also assist in this process; call us on the number above for legal advice.
How Long Will It Take To Get My Compensation?
The process of a motor injury claim can last a number of months. However, the time it takes can vary. For example, if there is overwhelming evidence in your favour and the defendant immediately accepts liability, that makes a quicker settlement more likely.
Once both parties agree on the settlement, the claimant may receive their settlement within a month, though it can take longer.
The client may require some form of compensation before a settlement can be agreed upon. As long as the defendant has already admitted liability, the claimant could apply for an interim payment. This allows the claimant to receive a specific amount of money to cover their current costs for medication or home care, for example.
These expenses must relate in some way to the accident and their rehabilitation from the accident. Note, though, that any interim payments would be deducted from the final settlement.
Therefore, they would still receive the same figure overall, but part of the sum will be received in advance of the final agreement.
How Much Time Do I Have To Begin My Claim?
You should be aware of what the time limit is to file your motor injury claim. The personal injury claims time limit is generally three years. This dates from when the accident happened or from the date of knowledge. The latter is the date that you become aware that negligence at least contributed to your injuries.
Note that this doesn’t mean the claim has to reach its conclusion within a 3-year timeframe.
We should point out that the rules aren’t the same for everyone. Indeed, the time limit differs slightly when it comes to children and those lacking mental capacity.
This is because those under 18 can’t legally file claims themselves. However, certain adults could claim on their behalf as litigation friends. If the child turns 18 and nobody claimed on their behalf already, they would have 3 years from their 18th birthday to claim.
Meanwhile, those who lack the mental capacity to claim could do so when they recover. They’d have 3 years from the date of recovery. However, a litigation friend could make a claim on their behalf while they lack mental capacity.
I Suffered A Motor Vehicle Injury, What Should I Do?
Once you intend to file a motor injury claim, you need to begin building your evidence. This is something that your personal injury solicitor would help you with. This could include any CCTV footage of the accident, as well as photographs of the scene and your injuries.
Gathering contact details of witnesses for statements could also help. The same goes for collecting the name, insurance and registration details of the defendant at the time.
A crucial element, though, is medical evidence. For example, you may have visited a medical professional following the incident. You could access these records.
As part of the claims process, you would attend a medical assessment with an independent medical professional to:
- Prove your injuries were caused or worsened by the accident
- Have the severity of your injuries assessed
Note that you may only decide to make a claim several years later. Therefore, an up-to-date medical check could help determine if there’s long-lasting damage. Also, note that you may find that further health complications arise in the aftermath of your accident without your previous knowledge.
Pre-Action Protocols For Road Traffic Accident Claims
Pre-action protocols are actions the defendant and claimant should take before trying to settle their claim in court.
Though not a part of these protocols, the first step you could take is to contact us about your potential claim. Our advisors will assess your case and decide if our panel of solicitors are able to take it on.
If your claim is taken on, the defendant would receive a letter of claim asking them to accept liability. If they do so, then a settlement could be reached fairly quickly.
However, if they refuse liability or don’t respond, then this could eventually lead to court proceedings. The claims process could take longer before a potential trial. During that time, though, the defendant may decide to accept liability. Negotiation for a settlement would begin at that stage, and you may receive compensation shortly after that.
In the unlikely event that it goes all the way to court, your solicitor would still be helping you.
To get in touch about a motor injury claim, simply:
Claim For A Motor Injury On A No Win No Fee Basis
If you’re filing a motor injury claim, we suggest you do so with a No Win No Fee solicitor. Now, many potential claimants worry about the costs of taking legal action with a solicitor. Furthermore, they may have financial struggles beforehand, perhaps as a direct result of their road accident.
Therefore, making a claim could seem too daunting a prospect to consider. However, that’s why our panel offer their services under a No Win No Fee agreement.
How does this work?
Firstly, our panel of personal injury solicitors will assess the potential success of your claim. If it is strong, they could take your claim under the terms and conditions of their No Win No Fee agreement.
This means that if the claim wins, you pay a success fee to your personal injury solicitor. The success fee has a legal cap so you don’t lose a significant amount of your settlement.
However, if the case happens to be unsuccessful, you don’t pay any solicitor fees whatsoever, hence the term No Win No Fee.
This motor injury claim guide aims to help you understand the claims process. However, we recognise that you may still want additional information. That’s why we provide the following sources from our own website and credible external sources.
Starting with our site, we have a page all about car accident claims.
We also go into detail on cycle accident claims.
Furthermore, we spotlight the subject of a medical report for a compensation claim.
Meanwhile, the NHS has a breakdown of whiplash.
The Government’s website goes into detail on interim payments.
Finally, you can learn more about the work of the Motor Insurers’ Bureau (MIB).
FAQs About Claiming For A Motor Injury
In this section, we answer questions that are commonly asked.
Can I still claim after the Whiplash Reform Program?
You can still make a claim. However, the Government advises that you use the Injury Claims Service as part of the process. It’s important to check whether your injuries would fall into the minor category, however. Why not get in touch to see if your claim is worth more than you expected?
Are there time limits for your claim?
Yes, you would generally have three years to make your personal injury claim. This can come from the accident date or from the date you gained knowledge that negligence at least contributed to your injuries. However, there are exceptions to this time limit, so get in touch if you’d like to query yours.
How long could the claim take?
The amount of time it takes for a claim to conclude varies. It can depend on, for example, how straightforward the claim is and whether the defendant accepts liability.
What are the most common types of injury from car accidents?
Injuries from car accidents can include back injuries, brain injuries, fractures and whiplash.
What is a good settlement offer for a motor injury claim?
A good settlement offer could be one that adequately compensates you for your suffering and financial loss.
How would I receive payment for my settlement?
The settlement would be one lump sum and any compensation for future losses would come afterwards.
How long after the agreement would I receive my settlement?
The amount of time it takes for settlements to come through can vary.
How long do settlement negotiations take?
This could be between six months and a year in some cases, though the defendant must admit liability before compensation negotiations can begin.
Thank you for reading our motor injury claim guide.
Checked by HT