When you’re involved in any sort of road traffic collision, one of the first things you should do is get the insurance details of the other drivers. One of those insurers could be Aviva so we have made a comprehensive guide on how Aviva personal injury claims work.
Aviva is one of the most popular insurers, with over 20 million customers. If they are the insurer of the fault driver, it will be them that pay out your compensation. This guide covers all the basics of a road traffic accident case, including eligibility, determining compensation and how one of our dedicated solicitors can help with your case.
Our last section looks at the No Win No Fee contract we can offer eligible claimants, focusing on the highly desirable benefits that can be made available to you.
You can reach Legal Expert’s advisory team at any time to ask questions, get advice on making a claim or a free eligibility check. Get in touch with us today using the contact details provided here:
- Call us on 0800 073 8804.
- You can contact us online by completing a callback form.
- We also operate a live chat service that you can access on your screen now.
Choose A Section
- Can I Claim Against Aviva After An Accident?
- What Types Of Injury Claims Do Aviva Provide Cover For?
- Should I Make Aviva Personal Injury Claims With A No Win No Fee Solicitor?
- Will A Personal Injury Solicitor Help Me Get More Compensation?
- How Much Compensation Could I Get?
- What Can I Do If Aviva Denies Liability?
- Get Help From Our No Win No Fee Solicitors
- Learn More
Can I Claim Against Aviva After An Accident?
Yes, you could claim against Aviva after an accident if they are the insurer for the other driver. Road traffic accident claims are made against the insurer of the at-fault party, so if that’s Aviva, you’ll be making your claim against them.
All road users, from pedestrians to HGV drivers, must navigate the roads in such a way that prevents the risk of causing harm to others. This is the road users’ duty of care. To comply with this duty of care, road users must follow both the Highway Code and the Road Traffic Act 1988.
We have summarised the general eligibility criteria for a road traffic accident here:
- You were owed a duty of care by another road user.
- They breached this duty in some way by using the roads in an unsafe manner.
- This breach resulted in an accident in which you were injured.
Can I Still Claim If I Was At Fault?
It is entirely possible to still claim if you were partially at fault for the accident, although the level of compensation will be affected. There are different scenarios for at fault claimants. These are:
- Split liability: this is where multiple road users contribute to the accident. The simplest example would be two drivers reversing out of opposite parking spaces without looking where they were going and colliding.
- Contributory negligence: if someone contributes in part to their own injuries, then this is deemed contributory negligence. So, if you were hit at a junction by a vehicle that sped through a red light, but you weren’t wearing your seatbelt, then your compensation would be reduced. You may not have had anything to do with the accident but by not wearing a seatbelt you made your injuries much worse.
In these situations, the compensation is reduced by the percentage the claimant is deemed responsible. So, in an even 50/50 split liability case, the compensation will be reduced by half.
What Types Of Injury Claims Do Aviva Provide Cover For?
The type of injury claims Aviva provide cover for are fairly all-encompassing. If a driver with an Aviva policy is found liable for the accident, any injuries caused to you could be compensated by the insurance if you can show with clear evidence that these were caused by the other driver.
A few examples of scenarios where you could be eligible to make a personal injury claim against a driver insured by Aviva:
- You were turning onto a side road when a vehicle suddenly reversed from a driveway at speed. You hit the vehicle in a t-bone accident and suffered a broken nose, as well as fractures to your forearms and bruising to your torso.
- While waiting at a red light, a speeding vehicle failed to slow in time and rear-ended your car. You experienced a serious injury to your neck in the collision.
- A car changed lanes without indicating while on a motorway. They clipped the front end of your family member’s car and sent them spinning into the central reservation. Serious spinal injuries and internal organ damage were sustained.
There are multiple scenarios where you would claim against a fault driver, either for yourself or on behalf of another. You can get a free eligibility check at any time by talking to our advisors. Call the number below today.
Is There A Set Whiplash Payout Amount From Aviva?
There is now a fixed tariff for whiplash injuries as per The Whiplash Injury Regulations 2021. If you sustain injuries with a total value of £5,000 or less and you are an adult who was in the vehicle, then you’ll need to claim using a different avenue.
In cases where whiplash injuries have been sustained but other injuries take the total value over the £5,000 threshold, then you’ll have a claim in the typical manner. However, regardless of which avenue your claim is made, the whiplash tariff figures will generally apply.
Should I Make Aviva Personal Injury Claims With A No Win No Fee Solicitor?
It is not required that an Aviva accident claim be made with a solicitor. However, by working with a solicitor, you greatly increase your chances of succeeding in your personal injury claim. Insurers such as Aviva will have a legal team, so it seems only right to also have legal representation. You may be worried about the cost of hiring a solicitor, however all our solicitors here at Legal Expert work on a No Win No Fee basis.
The type of contract offered by our solicitors is called a Conditional Fee Agreement (CFA), which gives claimants key advantages when making their claim. You could benefit from the following:
- Not having to pay any upfront fee for the solicitor to start work on the claim.
- There will also be no solicitor fees during the claim itself.
- Finally, if you don’t win, you won’t be liable for any solicitor fees.
The only way you pay is if your case is won. A success fee will be deducted from the compensation payout automatically before the solicitor sends the remainder to you. The Conditional Fee Agreements Order 2013 caps the percentage that may be charged as a success fee at 25% so most of the payout is yours to keep.
Get your free eligibility check and find out how our solicitors could help with Aviva personal injury claims today.
Will A Personal Injury Solicitor Help Me Get More Compensation?
A personal injury solicitor could very well help you get more compensation than if you go directly through the insurer. By working with a trained legal professional, you can build a much more robust case and be in a position to negotiate a higher payout figure.
Below we talk about a few reasons why getting the support of trained legal professionals will be a big positive in Aviva personal injury claims.
Should I Accept A Compensation Offer Without Legal Advice?
While you could accept a compensation offer without legal advice, we would not recommend it. The initial payout offer you receive isn’t likely to be the best one. By choosing Legal Expert to take on your claim, you’ll be in a much stronger position to negotiate a higher payout.
A solicitor could accurately value your injuries and financial losses, and help you gather evidence to ensure any counteroffer you bring to an insurer is backed up by fact, which will help you get a fair compensation settlement. Reach out to our advisors today to find out if you could work with a dedicated road traffic accident solicitor.
How Much Compensation Could I Get?
How much compensation you could get depends greatly on how serious your injuries are, and what impact they have on your daily life. Compensation payouts in road traffic accident claims can be split across two separate heads of loss, these are:
- Every personal injury claim will be made up of at least general damages. This head of loss accounts for actual injuries as well as any psychological harm caused.
- You could also receive compensation for any financial losses you incur because of those injuries under special damages. We’ll examine this in greater detail in a later section.
Solicitors can use the medical evidence you have provided alongside the guidelines from the Judicial College (JCG) to help determine an accurate compensation figure for the claim. The guidelines outline compensation brackets for a wide range of injuries. We’ve taken a selection of these and created this table.
Compensation Table
Please take note that this information has been included for guidance purposes only. The top figure was not taken from the JCG.
| Type of Injury | Severity | Guideline Payout Figure |
|---|---|---|
| Multiple Very Severe Injuries alongside Significant Special Damages | Very Severe | Up to £1,000,000 + |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 |
| Moderately Severe (b) | £267,340 to £344,150 | |
| Kidney Damage | Serious Permanent Damage or Loss of Both Kidneys (a) | £206,730 to £256,780 |
| Significant Risk of Total Loss of Function(b) | Up to £78,080 | |
| Neck Injuries | Severe (a)(iii) | £55,500 to £68,330 |
| Moderate (b)(i) | £30,500 to £46,970 | |
| Other Arm Injuries | Simple Forearm Fractures (d) | £8,060 to £23,430 |
| Whiplash Injuries | 1+ Whiplash Injuries with 1+ Psychological Injuries. | £4,345 |
| 1+ Whiplash Injuries. | £4,215 |
This section is intended to act as guidance only. To find out about making Aviva personal injury claims in your particular circumstances, talk to our team today using the contact information given below.
What Can I Do If Aviva Denies Liability?
If Aviva denies liability, do not worry. Your solicitor will help guide you through the next steps. The Pre-Action Protocol makes provision for parties wholly not accepting liability or disputing parts of a claim, and the process will follow those steps.
Most claims do get settled without the need for a court hearing, but if a trial ends up being necessary, our solicitors will find a knowledgeable barrister to present your case before the judge and give you the best chance of winning your claim.
We should emphasise that it is in no one’s interest to have a full court hearing, as it can be very time consuming. The civil procedure rules are designed in such a way as to facilitate a resolution through negotiation, so to find out more about what you can do if the defendant’s insurer is being uncooperative, contact an advisor today
Get Help From Our No Win No Fee Solicitors
To get help from our No Win No Fee solicitors, simply call the number below for your free eligibility assessment. If you have a valid claim, you can be connected with an expert road traffic accident solicitor under very generous No Win No Fee terms.
Our solicitors can undertake key tasks such as helping you gather evidence, determining an accurate compensation figure and helping you to understand all the legal jargon you will no doubt encounter.
We pride ourselves on providing a service that conforms to the highest standards of professionalism and discretion. We’ve already won over £80 million in compensation for our clients, and you could be next.
Contact Legal Expert
You can reach Legal Expert’s advisory team at any time to ask questions, get advice on making a claim or a zero cost eligibility check. Get in touch with us today using the contact information provided here:
- Call us on 0800 073 8804.
- You can contact us online by completing a callback form.
- We also operate a live chat service that you can access on your screen now.
Learn More
You can read some of our other road traffic accident claims guides here:
- Check if you could claim compensation after faulty traffic lights caused an accident.
- See our road traffic accidents FAQ page for answers to common questions.
- Find out more about claims involving uninsured drivers.
These external resources have also been included for some additional information:
- See the latest road safety campaigns from THINK!.
- The NHS has published this guidance on when to call 999 after an incident.
- Read the CPS charging standards for driving offences on their website.
Thank you for reading our guide. We hope the information on Aviva personal injury claims has been useful. For further information, or to get a free eligibility assessment, speak to our advisors today using the details given below.
