If you’ve been injured in a road traffic accident, you might be interested in determining what car accident victims rights are owed to you. Being injured in these types of accidents can change your life instantly, oftentimes leading to severe injuries such as traumatic brain injury or even leaving you with permanent mobility issues. Additionally, these physical injuries can be made worse by mounting financial worries, especially if you’re in a position where you’re unable to work.
As a car accident victim, you have the right to bring a claim for compensation; and although compensation can’t undo the harm caused, it can help to offer support in the aftermath of your accident.
Key Takeaways
- You have a right to seek compensation i you were injured due to the negligent actions of another road user.
- Even if you were partly at fault for the accident, you still have a right to claim.
- You will need evidence to demonstrate how your injuries occurred from someone else’s negligent actions, such as dashcam footage, photographs and medical records.
- Car accident victims rights can apply to any type of road user, such as cyclists, pedestrians, passengers and motorcyclists.
- Various injuries can occur in a road traffic accident, commonly including traumatic brain injuries, whiplash, soft tissue injuries, fractured bones and severe back and neck injuries.
If you would like to learn about your right to claim following a car accident, you can contact our advisors. They can answer your questions and offer you free advice on your case.
4.8 (466 reviews) What Are Car Accident Victims Rights?
Car accident victim rights include having the right to seek compensation, to claim even if you were partially at fault, to access victim services after the accident and to seek help from a specialist lawyer.
However, in order to be eligible to seek compensation at all, you need to prove that your injuries were caused by the negligent actions of another road user.
All road users have a legal obligation, otherwise known as a duty of care, to use the roads in a way that reduces their risk of causing harm or damage to others. When upholding this duty, road users must adhere to both the Highway Code and the Road Traffic Act 1988.
As a victim of a car accident, you’d have the right to seek personal injury compensation if it can be proven that:
- Another road user owed you a duty of care
- They breached their duty of care
- This led to you suffering physical and/or psychological harm in a road traffic accident
For a free case consultation, you can get in touch with our advisors today. They can explore whether you have a valid claim, and advise you of the options available to you. 
The Right To Claim If You Were Partly At Fault
You still hold the right to make a claim even if you were partly at fault for the accident. This would become a split liability claim, which is where you, as the claimant are partly at fault for the accident that caused your injuries.
An example of this in practice might be if you were driving over the speed limit, and a driver pulls out from a side road without checking whether it was clear to do so, causing a collision. Here, as you were speeding, and the other driver failed to give way, and pulled out without looking, both of you would be found to be liable for the accident.
In a claim of this nature, your compensation would be adjusted to reflect the level of your own contribution to the accident; for example, if you were found to be 50% liable, your compensation amount would be deducted by 50%.
To learn more about how a split liability claim could impact your compensation payout, get in touch with our advisors today.
The Right To Claim If You Were A Passenger Or Pedestrian
As a passenger or pedestrian, you also have the right to claim compensation. All road users are owed the same duty of care, extending to not only car users but passengers, pedestrians and other road users.
You could start a pedestrian accident claim or a claim as a passenger if you can satisfy the eligibility criteria we discussed above and our solicitors here at Legal Expert are highly experienced in this area of law. With decades of education and training, they can help you navigate the claims process and fight for the compensation that you deserve.
Get in touch with our advisors to learn more about how our solicitors can help you.
An Uninsured Driver Injured Me, What Are My Rights?
If you were injured by an uninsured driver, you have the right to claim compensation for both your injuries and any financial losses these caused you to experience. This claim would be done through the Motor Insurers’ Bureau (MIB) which is a non-profit organisation funded by UK insurers. The MIB uses this funding to compensate victims of uninsured or untraceable drivers.
When making an MIB claim, under the Uninsured Drivers Agreement, you have the right to claim for:
- Personal injuries, considering the pain, suffering and any loss of amenity caused by these injuries
- Financial losses, including lost income, property damage and rehabilitation costs
However, when claiming through the MIB after an accident involving an uninsured or untraceable drier, you still need to prove your injuries were caused by the negligent actions of this other driver.
Our solicitors could help you navigate this type of claim. With years of experience, training and education, they can handle the claim on your behalf ensuring you can focus on your recovery.
Contact our advisors today to learn more about what rights you have after being involved in an untraced driver car accident.
The Right To Seek Compensation For Your Injuries
You have the right to seek compensation for your injuries if you’ve been injured in a car accident that was caused by the negligent actions of another. Compensation is contingent on proving that your injuries and financial losses were a direct result of another road user’s negligent actions. Once this has been established, we can then discuss how your compensation would be valued in a road traffic accident claim.
In successful car accident claims, compensation can consider two types of damages. These are called general and special damages, both serving a different purpose.
General damages are concerned with the intangible impacts of your accident, such as the physical or psychological harm suffered. Conversely, special damages focus on the financial losses caused by your injuries; we discuss this in more depth in our section below.
With this said, general damages can consider the pain, suffering and any impact on your quality of life including any psychiatric harm caused by the accident.
Typically, these losses can be valued by professionals considering frameworks such as the Judicial College Guidelines (JCG) which is a document offering categories of injuries, and guideline compensation brackets. The amount of compensation you could receive is judged on a case-by-case basis and the award will depend on things such as:
- The type of injury sustained
- How severe your injuries are
- The length of your expected recovery period
- How your daily life has been impacted
How Do I Claim General Damages?
To claim general damages, you must hold evidence that demonstrates how another road user’s actions (or inactions) led to your injuries. This can include documents such as:
- Dashcam footage or CCTV if the accident was caught on camera
- Any reports from emergency services if they attended the scene
- Medical evidence such as your GP record which can show any treatments you’ve received for injuries
- The findings of an independent medical assessment (which our solicitors could help organise)
- Photographs of any visible injuries
- Details of anyone who might’ve witnessed the road traffic accident, so we can later gather a witness statement
- The other drivers contact information, insurance details, and vehicle registration number
The Right To Recover Financial Losses
You also have a right to recover financial losses that have been incurred by your injuries. This includes any out-of-pocket expenses, including things like:
- Lost income and future loss of earnings, encompassing things like lost pension contributions, overtime pay, missed bonuses or promotions and future earnings if employment prospects have been reduced due to your injuries.
- Costs of medical expenses including prescription costs, mental health support and private medical treatments.
- Damage to your vehicle or property, however it is important to note here that compensation is dependent on the terms of any insurance coverage of your vehicle, the level of damage, the cost of repairs and the actual cash value of the item.
- Rehabilitation or recovery costs such as equipment that aids your mobility, prosthetics and any physiotherapy
- Home or vehicle adaptations if they are needed
How Do I Claim Special Damages?
Much like general damages, you must hold evidence that proves these expenses. These documents might include:
- Payslips to show a loss of income
- Receipts for any medical costs, including prescription or psychiatric costs
- Invoices for any rehabilitative aids
- Bank statements to show any medical expenses or installation costs for home or vehicle adaptations
Special damages can make up a large portion of your compensation. Our solicitors can help gather all the necessary documentation, to form a strong body of evidence that strengthens your claim. As well as this, they will work tirelessly on your behalf, ensuring that all injuries and losses are accounted for, in the hopes of gaining you a compensation award that fully appreciates the impact of your injuries.
Contact our advisors today for a free case consultation, where they can answer any questions you may have and connect you with a specialist solicitor.
The Right To Fair Treatment By Insurers
Before, or after a road traffic accident, your insurer has a legal duty to treat you fairly. They have to act in good faith, following industry standards and communicate with you clearly so you understand what is covered in your policy. They can’t refuse a valid claim and if you do have a valid claim they must handle it in a timely fashion, without unnecessary delays.
Your insurer must also adequately investigate your claim, including explanations of any information they require from you. Additionally, they should keep you informed on the progress of your claim.
Finally, and most importantly, insurers mustn’t undervalue your claim. If your car is ruined in a wreckage, the payout should reflect the actual value of your vehicle at the time of the accident. You also have the right to challenge any valuation that you feel is unfair.
To discuss what rights you are owed by insurers, please get in touch with us today.
The Right To Legal Representation
Car accident victims rights also include the right to legal representation. In the UK, human rights are upheld and protected by the Human Rights Act 1998. Article 6 specifically outlines your right to a fair trial, including the right to legal representation. This Article also grants you the right to bring a civil case for compensation.
Additionally, you could utilise a No Win No Fee solicitor to handle your car accident claim. It’s not imperative that you instruct legal representation, but using an expert solicitor can greatly increase your chances of a successful claim. This is because they have decades of experience, navigating complex legal processes and terminology and handling all aspects of the claim process.
Our solicitors here at Legal Expert place their clients at the centre of all that they do. Some of the benefits that come with working with one of our expert solicitors include:
- Help with understanding your rights
- Negotiating a compensation settlement on your behalf
- Handling all communication with the defending party
- Help with gathering supporting evidence, such as witness statements
- Organising any rehabilitation or physiotherapy you may need
Not only this, but our solicitors work on a No Win No Fee basis, offering certain benefits to claimants. For example, using this type of contract means that you’d have no upfront solicitor service fees to pay. In addition to this, you’d have no service fees to progress your claim or if it fails.
On the other hand, if your claim was successful then a legally limited percentage would be deducted from your compensation as our solicitor’s success fee. This is limited in accordance with the Conditional Fee Agreements Order 2013. This is to make sure that clients receive the majority of their compensation.
Contact Legal Expert
To learn more about car accident victims rights you can contact a member of our friendly advisory team:
- Calling us on 0800 073 8804
- Using our online contact us form
- Talking to an advisor using our live chat
More Information
Why not read our other guides for information about:
- How to make a Lorry or HGV accident claim
- Our guide to bus accident claims
- How much compensation could you receive in taxi accident claims?
External Resources
- How to return to work following a period of sickness from the Health and Safety Executive
- NHS guidance on broken leg injuries
- How to apply for Statutory Sick Pay from Gov.UK
Thank you for reading our guide about car accident victims rights.
