Road Accident Caught On A Dashcam – How To Claim Compensation
If your road traffic accident caught on a dashcam shows that another road user was at fault, this can be used as evidence if you are planning to pursue a personal injury claim. This device is a small camera mounted on the dashboard of a vehicle, which can capture recordings of road traffic accidents. This guide will establish how dashcam footage could be relevant to a road traffic accident claim.
In addition to exploring evidence that could prove useful for a claim, we will discuss time limits that you must consider and relevant road traffic legislation. Furthermore, we’ll explain how compensation payouts are calculated when this kind of personal injury claim succeeds.
Read on for more information. Our advisors can answer questions you may have about claiming. What’s more, they may be able to put you in touch with a road traffic accident solicitor from our panel. Learn more about your options today:
Select A Section
- How To Claim For A Road Accident Caught On A Dashcam
- What Accidents Could Be Caught On A Dashcam?
- Proving Your Road Traffic Accident Claim
- Road Accident Compensation Payouts
- Who Can Make A No Win No Fee Road Accident Claim?
- Find Out More About Claims For An Accident Caught On A Dashcam
You could be eligible to seek compensation when you suffered a road traffic accident that was the fault of another driver. This is because all road users owe one another a duty of care while using the roads, meaning they must operate in a way that avoids injury or damage. This is established in the Road Traffic Act 1988. Additionally, the Highway Code provides advice and rules for road users, such as who gets priority in certain scenarios. Some of these rules are backed up by law.
If your road traffic accident is caught on a dashcam this can help prove who was at fault for the accident. Dashcams can be vital evidence when looking at which road user has been negligent. If the dashcam clearly shows another road user was at fault when you had your vehicle accident then establishing liability is straightforward.
To be eligible to make a personal injury claim following a road traffic accident you must be able to prove that the duty of care owed to you had been breached. And proof that this breach caused you to become injured. This is known as negligence.
Could Dashcam Footage Be Used To Claim Compensation?
Video footage may be useful for establishing how an accident happened and who was involved. If the dashcam clearly shows you to be at fault then you would not be eligible to make a personal injury claim for any harm you have suffered.
A car accident caught on dashcam might reveal:
- That a driver failed to use their indicators when passing through a busy intersection
- A motorcyclist failed to stop at a red light.
- A van driving erratically, otherwise known as dangerous driving
In short, when not liable for what happened, a dashcam can prove you are not at fault for a road traffic accident. In a later section, we’ll discuss other pieces of evidence that could support your claim. For now, please contact our team if you have any questions about the role dashcam footage could play in a road accident claim.
Dashcam footage could capture road traffic accidents such as:
- A motorcycle accident
- An accident involving a cyclist being hit by a car
- A pedestrian being hit by a car at a junction
- Vehicle collisions, i.e. car accidents
- Bus accidents
- Van accidents or HGV accidents
Our advisors can tell you more about the claims process, so get in touch today if you have questions about how to start.
Road traffic accident claims are strengthened by the presence of certain pieces of evidence. While footage of an accident caught on a dashcam is one form of evidence, your case could also benefit from:
- Contact details for anyone who witnessed the accident
- Photographs of the scene of the incident
- A copy of medical records, which will contain a full account of the injuries you experienced
Speak to our advisors if you would like to know more about evidence that could help support your claim. They also may be able to put you in touch with a road traffic accident solicitor from our panel.
This kind of personal injury claim could compensate you for two aspects of harm resulting from a road traffic accident. First, you may be able to claim for the pain and suffering caused by your physical and psychological injuries. This is compensated through a head of claim called general damages. Second, you may be eligible to claim for the financial losses you incur due to the injury. This is a different head of claim called special damages.
A solicitor will generally assess general damages with the assistance of a publication called the Judicial College Guidelines (JCG). This document lists different compensation brackets for injuries. We’ve provided a table below that shows some of these brackets, although they should not be taken as a statement of the compensation you will receive. These figures are only guidelines because each claim is calculated based on the individual’s personal circumstances.
|Type of Injury||Compensation Tariffs/Brackets||Information|
|Paralysis Injuries||£324,600 to £403,990||Tetraplegia award, with consideration given to whether the individual is experiencing any pain and if there has been any effect on their ability to communicate, among other factors.|
|Moderate Brain Injuries (i)||£150,110 to £219,070||Cases involving moderate to severe intellectual deficit, a personality change, effect on the senses, no prospect of employment, and significant risk of epilepsy.|
|Severe Neck Injuries (i)||In the region of £148,330||These injuries are associated with incomplete paraplegia; or permanent spastic quadriparesis.|
|Leg Amputations (iv)||£97,980 to £132,990||A below-knee amputation of one leg, which may or may not be accompanied by complications such as years of attempting to save the leg, which eventually leads to amputation.|
|Severe Pelvis or Hip Injuries (i)||£78,400 to £130,930||Extensive pelvis fractures involving a ruptured bladder and dislocated low back joint. These injuries result in substantial disabilities.|
|Internal Organ Injuries||£65,740 to £100,670||Traumatic injury to the chest, lung(s), and/or heart. Causes permanent impairment of function, physical disability, and reduced life expectancy.|
|Other Arm Injuries||£39,170 to £59,860||Serious fractures of one/both forearms that result in permanent and substantial disablement of a functional or cosmetic nature.|
|Less Severe Elbow Injuries||£15,650 to £32,010||Injuries that lead to an impairment of function but which do not involve major surgery or significant disability.|
|One or More Whiplash Injuries and Minor Psychological Harm||£4,345||These injuries last more than 18 months but no longer than 24.|
|One or More Whiplash Injuries and Minor Psychological Harm||£3,100||These injuries last more than 15 months but no longer than 18.|
Payouts For Special Damages
In addition, your award may benefit from a second head of claim called special damages. This is intended to help you reclaim financial losses, such as income you lost because of a leave of absence from work.
Speak to our advisors to learn more about special damages. They can tell you about other financial losses you may be eligible to recoup through a personal injury claim.
The Whiplash Reform Programme.
Legislation passed on 31st May 2021 affects how compensation is claimed for certain types of injuries suffered in road traffic accidents. According to the Whiplash Reform Programme, drivers and passengers over the age of 18 who suffer soft tissue injuries or whiplash injuries that are valued at £5,000 or less must complete their claim in a different way. Since this programme was introduced, these injuries are compensated in line with the tariff found in the Whiplash Injury Regulations 2021.
If you are a driver or passenger and you suffer additional injuries that bring the value of your potential claim over £5,000, the claim can commence in the traditional way. However, the whiplash tariff would still apply to the relevant whiplash or soft tissue injuries. Other injuries are valued according to the compensation brackets found in the JCG.
We would like to note the tariff may still apply even for individuals, such as passengers under the age of 18, who can still claim in the traditional way. However, it will still only apply to whiplash and soft tissue injuries.
The road traffic accident solicitors on our panel may be able to assist with the claims process. First and foremost, they could offer to work with you under the terms of a Conditional Fee Agreement (CFA). This particular kind of No Win No Fee agreement means that you wouldn’t have to pay for the solicitor’s services if your claim fails.
Instead, you would reimburse your solicitor for their services when your claim succeeds. The terms of a CFA mean this is done through a success fee, which your solicitor deducts from your compensation. However, this fee is capped by law, so you will always receive the majority of your compensation.
Talk To Our Team
To learn more about claiming for an accident caught on dashcam footage, contact our team of advisors. You may benefit from the insight they can provide. In addition to giving a more personalised compensation estimate based on the circumstances you describe, they may be able to put you in touch with a solicitor from our panel. Find out more:
Related guides that you may find useful:
Third-party resources with related information:
Brake – A charity dedicated to ending road deaths and injuries
Report A Road Traffic Incident – Metropolitan Police
Request CCTV Footage – UK Government
Thank you for checking your eligibility to claim for a road traffic accident caught on a dashcam. For more information about the claim process, contact our team of advisors.