How To Prove An Injury From A Car Accident

When you make any type of personal injury claim, you need to be able to show that another person was responsible for your injuries. That is because your claim will be made against them or their insurance provider.

The insurance provider, as well as any solicitors acting on behalf of the defendant, will want proof that shows what caused the accident and how this caused you harm. A body of evidence can demonstrate;

Who caused the car accident.
How the accident occcurred.
What car crash injury you suffered.
How serious your injury was.
What impact the injury has had on you.

If you have a strong body of evidence, a solicitor may find it easier to win your road traffic accident claim. Without strong evidence, it may be harder for you to win your claim.

Read on for more information on how to prove an injury from a car accident, or call our team today to discuss your case.

Do I Need To Seek Medical Advice After A Car Accident?

“What should you do after a car accident?” is a commonly asked question. The first and most immediate concern you may have is to ensure your safety. You may need to move away from the scene of the accident, such as getting off the road to a safe place. Next, you should seek any medical attention you require.

You need to ensure that your injuries are treated properly and as soon as possible. Depending on the type and severity of your injuries, you may see your GP or attend Accident and Emergency (A&E).

In addition to looking after your health, getting medical treatment will help to document your injuries. Your medical records will show what injury you have sustained. They will also set out what treatment has been (or will be) necessary and how seriously the injuries sustained have impacted you.

If you choose to claim compensation with the help of a personal injury solicitor, they may ask you to attend an independent medical assessment. You may be asked to see a doctor when claiming for a personal injury in order for them to assess your injury and create a further medical report.

You can find out more about the importance of your medical records in a car crash injury claim by contacting our team.

The rear end of a car is crumpled after an accident and the driver may be wondering How To Prove An Injury From A Car Accident

What Evidence Can I Gather At The Scene of A Car Accident?

If you have been injured in a car accident, one of the most important steps you can take is to collect evidence in support of any compensation claim. Being able to provide evidence of your injuries from a car accident and demonstrating the other party’s fault is crucial to the claims process.

Examples of evidence which you could collect at the scene of a car crash on the motorway or other road may include:

The contact details of anyone else involved in the accident, including their name, insurance details and noting down their registration number.
Photographs you take at the scene of the accident. You could take photographs or videos which show damage to the vehicles involved as well as any injuries you have suffered.
Request the contact details of anyone who was a witness to the accident. Witness statements can help to show who was responsible for the accident.
Footage from a dashcam or similar device.

For more information on evidence which could help you claim a car accident injury payout, speak to our team.

Should I Get CCTV or Dashcam Footage of the Car Accident?

Footage from a dashcam or CCTV camera which caught the accident on video may be used as evidence in car accident claims. Securing footage which shows the circumstances in which the accident took place is important. Such footage could help to show how the other driver was negligent. It may show that the other driver was using a mobile phone or that they were not paying due care and attention.

CCTV footage could be captured in locations such as;

At a junction.
In a car park, such as a multi-storey car park.
On major roads, this may also include traffic cameras.
Outside a business premises.

You can request CCTV footage of yourself from the owner or operator of the camera. You should make the request as soon as possible, as some businesses may delete footage on a regular basis. Requesting footage from cameras which are operated by a local authority or central government could take longer than obtaining it from a business.

Find out more about how to prove a personal injury claim for a car accident by contacting our team.

A car is crashed into a roadside barrier and totally destroyed

Do I Need To Report The Accident To The Police?

If you are involved in any type of road traffic accident there are steps which you must, legally, take. As well as those which you should take. These steps include,

Stopping at the scene of any road traffic accident, such as a car accident. Doing so is a legal requirement.
You should switch off your engine and switch on your hazard lights.
You should check to see if you or any other persons have suffered an injury after a car accident.
Exchanging contact details with anyone who was involved in the accident. This should include names, addresses, insurance and vehicle registration details.

You may also be wondering when and how to report a car accident to the police. Collisions must be reported to the police where:

Anyone was injured in the accident.
You were unable to exchange details at the scene of the accident with the other party involved.
If you suspect the other person may have committed a driving offence.

Once reported to the police, they will create a police report. The police report may be used as evidence in your personal injury claim. For more information on how to prove an injury from a car accident, please contact our advisory team today.

Can I Claim For A Car Accident If I Was Partially At Fault?

Yes, you can claim for car accident injuries even if you were partly responsible. However, your car accident compensation amount would be reduced, depending on the extent of your fault. This is known as the concept of contributory negligence.

For Example: You suffer from whiplash injuries due to a rear-end collision by a speeding driver. The other driver argues that you suffered from these injuries only because you weren’t wearing a seatbelt. If it is found that the act of not wearing a seatbelt rendered you 20% liable for your injuries, your compensation would be reduced accordingly.

You may be worried that admitting liability would render you ineligible to make a claim. However, as long as there was fault of another party involved as well, you may be entitled to claim compensation. If the other party invokes the defence of contributory negligence to avoid liability, the onus is on them to prove your responsibility for your injuries. Even then, you don’t have to accept the first settlement offer from their side.

In the above sections, we’ve focused on how to prove an injury from a car accident. However, if you want more information on proving car accident injuries in case of contributory negligence, speak to our advisors now.

How Long Do I Have To Start A Car Accident Claim?

If you were injured in a car accident that was not your fault, you generally have 3 years to start a personal injury claim to be compensated for your suffering. This time limit is a requirement of the Limitation Act 1980 and applies to most personal injury claims.

However, there are some exceptions to this rule, as the circumstances of all claims differ. For example, the time limit may be paused if:

The claimant is a minor, as they cannot start a compensation claim themselves. In such cases, the time limit will begin once the child turns eighteen.
The claimant lacks mental capacity. In this case, the time limit is indefinitely frozen as the claimant cannot independently start a claim. However, the 3-year time limit will commence if they regain mental capacity.

If the time limit on a personal injury claim is paused, a litigation friend may be appointed to start a claim on behalf of the claimant. Some of the key duties of a litigation friend include:

Making key decisions on behalf of the claimant
Signing legal documents on behalf of the claimant
Keeping the claimant informed with details of the claim

If you want to find out if you are within the claims time limit and are able to start a claim for your car accident injury, please contact our friendly advisors today. They are also able to give you more information on the role of a litigation friend during the claims process.

Can A No Win No Fee Solicitor Help Me Make A Car Accident Claim?

If you’re claiming for an injury after a car accident, you may find it helps to have an experienced No Win No Fee solicitor on your side. They can help with:

Showing you how to prove an injury from a car accident by aiding you in gathering and presenting valid evidence.
Explaining the legal jargon and making the claims process straightforward.
Keeping you updated throughout and ensuring all decisions are made in your best interests.

Our solicitors provide their expert legal guidance under a Conditional Fee Agreement. These terms guarantee that you don’t pay for their work before your case starts or as it is ongoing. Furthermore, you pay nothing in solicitor fees if you don’t have a successful car accident injury claim.

Under this deal, the solicitor takes a percentage of the compensation awarded when a claim is successful. This cut, known as their success fee, is capped by law because of legislation called The Conditional Fee Agreements Order 2013.

If you have any questions about this at all, just get in touch today. Our advisors have all the information you need and are more than happy to help. Learn more about car accident injury payout and have your potential claim reviewed to see if a solicitor could work on your case.

Our support service is easy to use, always available, and, most importantly, completely free. Choose any of these options to talk to a friendly advisor:

Open the live chat tab below.
Call our helpline on 0800 073 8804.
Contact us online.

A solicitor works on how to prove an injury from a car accident.

More Useful Resources About Making A Car Accident Injury Claim

Learn more about making a car accident personal injury claim in these resources:

Check how to claim for a car accident caused by animals in this guide.
If you have suffered a serious injury in a car accident you can learn more in this guide.
Learn more about claiming if you were hit by a stolen car.

Further resources:

You can learn more about road safety and collisions in this police resource.
Learn more about conditions such as whiplash in this NHS resource.
If a child has been injured in a car accident, a Litigation friend could help them to claim.

Thank you for reading our guide on how to prove an injury from a car accident. For more information, please get in touch with our team.

Advice On How To Prove An Injury From A Car Accident

Learn How To Prove An Injury From A Car Accident

Learn How To Prove An Injury From A Car Accident

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