A Guide To Car Accident Injury Payouts

 

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Car Accident Compensation Examples, Injury Payouts And Settlement Amounts

By Cat Way. Last Updated 11th June 2024. In this guide, we explore car accident compensation examples in UK claims and when you could be eligible to make a personal injury claim. The amount that you could receive in a successful compensation claim varies from case to case because every claim is unique.

We explore how payouts for a car accident are calculated, and what you can claim for, including for property damage and financial losses, as well as injuries. Following this, we touch on the criteria that your claim has to meet in order to be valid, as well as how a car accident could occur.

Finally, our guide will explore the benefits of working with a No Win No Fee solicitor on your case. There are many benefits that a solicitor can bring to the claims process; read on to learn more, or contact our team of advisors to get started. They can evaluate your claim for free and answer any questions you might have about claiming a car accident settlement. To get started:

Two cars that have been smashed in a crash on the road.

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If you’d like to learn more about car accident injury payouts, why not watch our video below which offers all of the key and most important information:

What Is The Average Payout For A Car Accident In The UK?

As we stated above, each personal injury claim is different. Therefore, knowing the average payout for a car accident may not be helpful. In the section above, we explored special damages. Now, we are going to examine general damages in more detail.

You may have accessed our car accident compensation calculator to learn more about what general damages you could be eligible for. In the table below, we provide examples that you may have seen when using our claims calculator but presented differently. This is to help you see how general damages could be valued.

In successful claims for car accidents, general damages awards compensation for pain and suffering. Legal professionals arrive at the figures by using a document called the Judicial College Guidelines (JCG) to help them. It contains injury categories alongside compensation brackets.

As each claim is different, our table below is not representative of what your compensation will be. We’ve provided it to help you understand more about the valuation process. The figures are from the latest update of the JCG, except for the first entry, which does not appear within the JCG. Additionally, the figures from the JCG are for England and Wales.

Injury TypeSeverityCompensation Bracket
Multiple Severe Injuries + Special DamagesSevereUp to £1,000,000+
Brain damageVery Severe (i)£344,150 to £493,000
Back injuriesSevere (i)£111,150 to £196,450
Leg injuriesSevere (i) The Most Serious£117,460 to £165,860
Less Serious (i)£21,920 to £33,880
Neck injuriesSevere (iii)£55,500 to £68,330
AnkleSevere£38,210 to £61,090
ArmSimple Fractures£8,060 to £23,430
1+ Whiplash Injuries & 1+ Psychological InjuriesN/A£4,345
1+ Whiplash Injuries N/A£4,215

Car Accident Compensation Examples For Financial Losses And Property Damage

Some car crash compensation payouts may also include special damages. This compensates you for the financial losses you have suffered due to your injuries. For example, if you need to take time off work as a result of your injuries, this could result in a loss of earnings, which could be claimed back under special damages.

Some of the losses that could be claimed under special damages in  compensation claims include:

  • The cost of prescriptions
  • Travel costs.
  • Childcare and domestic help expenses.
  • The cost of mobility aids, e.g. a wheelchair

To be able to claim special damages, you must be able to provide evidence of your losses. Because of this, keeping any receipts, bills, or invoices relevant to your claim could be beneficial.

To learn more about making a personal injury claim for compensation for a car accident, contact our team of advisors today. They can offer a free consultation and more help surrounding the claims process.

How Is Car Accident Compensation Calculated?

Now that we’ve looked at what you can claim, it’s important to understand how compensation is calculated in a car accident claim.

Firstly, it’s important to remember that there is no average or set compensation award (except in the case of whiplash claims, explained below).

Instead, each case is assessed on its unique facts. This is because an injury affects everyone differently.

For example, you may have had to take time off work, or the injury may not have healed in the way expected. As a result, your suffering and hardship is potentially worse than other people.

As part of the claim, your solicitor will take the following steps to calculate an accurate value of your claim:

  • They’ll instruct a medical expert to assess your injuries. They’ll compile their findings into a report which will detail how severe the injuries are and how long it will take you to recover.
  • Your solicitor will assess your financial losses, like your lost earnings or out of pocket expenses, like taxi fares if you’re left unable to drive.
  • Using the medical report, your solicitor will hone in on a value for your physical and psychological injuries. They may look at other similar cases that have been heard in the courts which they can rely on as an authority when seeking a certain amount.
  • Your solicitor will then advise you on the total value of your claim, as well as your general and special damages values specifically.

If you’d like to speak with us about the valuation of your claim, or to get some first-hand car accident compensation examples, get in touch with us today on the number above.

What Is The Whiplash Reform Programme And Does It Affect My Claim?

When seeking car accident claim payouts, it’s important to consider whether the whiplash reforms could affect your settlement. As per changes brought in by the Whiplash Reform Programme, you will need to make your road traffic accident claim for whiplash or soft tissue injuries in a different way if the following applies:

  • You are a passenger or driver over the age of 18
  • Your injuries are worth less than £5,000

Additionally, your whiplash injury will be valued as per the fixed tariff in the Whiplash Injury Regulations 2021. If you have other injuries that increase the total value of your claim to over £5,000, you will claim the traditional way. However, whiplash injuries will still be valued using the tariff. Any injuries not included in the tariff will be valued traditionally.

Get in touch with our advisors today to find out more about how to claim for a car accident injury as well as potential compensation amounts you could receive.

When Could You Claim Car Accident Injury Payouts?

Road users owe each other a duty of care to navigate the roads in a way that minimises the risk of harm or damage to others as well as themselves. This includes pedestrians, drivers, and cyclists.

As part of this duty, road users should follow the mandatory rules set out in the Highway Code and the Road Traffic Act 1988. The steps you are expected to take can vary, depending on whether you are driving a car, riding a bike or motorcycle, or walking as a pedestrian.

In order to form the basis of a valid road traffic accident claim, you have to be able to prove that:

  • You were owed a duty of care by another road user
  • They breached this duty
  • You were injured as a result of this breach

To learn more about your eligibility to seek a car accident settlement, contact our team of helpful advisors today. They’re available 24/7 to discuss car accident claims. 

Could I Make A Car Accident Injury Claim On Behalf Of A Child?

Children under the age of eighteen can’t claim personal injury compensation for themselves. However, this doesn’t mean that children aren’t eligible for compensation.

While a child is under the age of eighteen, a litigation friend can claim on their behalf. Litigation friends are court-appointed, but you can apply for the position. As a litigation friend, you can work with personal injury solicitors to claim on behalf of your child.

If the claim succeeds, then their compensation will go into a trust set up by the Court Funds Office. They will hold the money until your child turns eighteen, at which point they will usually be able to apply for their compensation.

You may be able to make withdrawals from this account before their eighteenth birthday, but you will need to make an application through the court first. This application will outline how the funds will benefit the child, and you may need to provide further evidence.

Alternatively, your child will have three years to begin their own claim from the date of their 18th birthday if one is not made on their behalf prior to this date, as stated within the Limitation Act 1980.

To learn more about claiming compensation on behalf of a child, contact our team of advisors today.

Case Study: An Example Of A Car Crash Settlement

The following figurative case study has been included to provide you with an idea of how compensation could be awarded for a successful car accident claim.

Mr J was stopped at a red light light. The car behind him was driving under the influence of alcohol and failed to come to a stop, causing him to crash into the back of Mr J’s car. In the accident, Mr J suffered multiple injuries, including a broken leg, dislocated shoulder and a neck injury that required him to wear a neck collar.

Mr J was unable to attend his job as a mechanic for a few months while his injuries healed, causing him to experience a loss of earnings. He was also unable to drive due to his broken leg and had to pay for taxis to his medical appointments. He also had to pay for a wheelchair, and a ramp to be installed so the wheelchair could enter and exit his home.

Mr J talked with a solicitor and decided to pursue a claim with their help. Mr J was awarded a car crash settlement totalling £700,000. The compensation awarded to him was for both the injuries he suffered and the financial losses they had caused him.

To discuss your situation and see whether one of our experienced solicitors could help you with making a claim, you can contact our advisors.

Types of Car Accidents And Injuries

You could suffer various types of injuries in a car accident. These include:

  • Soft tissue injuries and broken bones. These could occur in a head-on collision. For example, if a car is trying to overtake a large vehicle, such as a lorry, and fails to consider whether they have enough room. You might be able to seek compensation for your accident in the UK if you can prove another driver breached their duty of care.
  • Back and hip injuries. A rear-end collision could cause you to suffer back and hip injuries. You might be eligible to make a car accident claim for these injuries. For example, if you slow down to stop at a stop sign and the vehicle behind you does not leave enough distance or the other driver is not paying attention.
  • Head and brain injuries. These could occur if another driver fails to stop at a red light and crashes into you at a junction.
  • Burn injuries. These may occur in a collision if the petrol tank leaks due to the crash, and a spark ignites a fire. However, they may also occur as a result of an airbag injury. For example, if the airbag ruptures in the crash, the releasing gases could cause a chemical burn. You could be eligible to seek personal injury compensation for these injuries, but you will need to prove the other driver’s liability for the accident.

If you would like to discuss your injuries from a collision or talk about car accident claims, speak with one of the advisors from our team.

What Evidence Do I Need To Make A Car Accident Claim?

When you start a car accident claim, you need to be able to establish negligence. To do this and to support your claim, you’re expected to provide evidence. Evidence can help you prove who is responsible for your injuries, how they occurred, and how they will affect your day-to-day life.

Some examples of evidence you could use to support your claim for a car accident settlement include:

  • CCTV or dashcam footage: Video footage of the accident can help prove who was responsible and how it occurred.
  • Photographs: Taking photographs of both the accident site and your injuries can help demonstrate their severity.
  • Medical records: Your medical records can offer further insight into your injuries, the treatment you need, and the way that they will affect you going forwards. 
  • Police report: If a police report was made regarding the accident, this could also be used as evidence.
  • Witness contact details: A witness statement can be collected at a later date.

For more information on gathering evidence for a car accident claim, contact our team of advisors today. If they find your claim to be valid, they may connect you with one of our solicitors. Or, read on to get more information on car accident compensation examples for UK claims.

How Long Do I Have To Claim Car Crash Compensation?

If you would like to make a car crash compensation claim, you must start the claims process within the correct time limit. The Limitation Act 1980 sets the personal injury claims time limit typically three years from the date of your accident.

However, there are some exceptions to this time limit. These include car crash claims for:

  • Children under the age of 18. In these instances, there is a freeze applied to the time limit that lasts until the child’s 18th birthday. However, prior to this, the claim could be filed on the child’s behalf by a court-appointed litigation friend. If the injured party turns 18 and a claim was not made for them, they will have three years from the date of their 18th birthday to launch a claim.
  • Those without the mental capacity to manage their own claim. In these cases, there is an indefinite suspension applied to the limitation period. A litigation friend could be appointed at any time to manage a personal injury claim on behalf of the protected party. However, if the protected party recovers the mental capacity required to handle proceedings, then they will have three years from the date of capacity recovery to begin a claim.

If you have any questions about the personal injury claims time limits, please speak to one of our advisors. They can also answer any questions you have about car accident injury payouts.

Car Accident Injury Payouts – Claim With A No Win No Fee Lawyer

If you’re eligible to claim compensation for a car crash, you might wish to get help with your case. One of our lawyers may be able to help you. They could assist you with gathering evidence and ensuring your claim is filled in full within the limitation period.

One of our lawyers could also offer to work on your claim under a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA). Under this agreement, you would not have to pay them anything for their services upfront or while your claim is ongoing. Furthermore, you won’t have to pay them for their work should your claim be unsuccessful.

If your claim is a success, your lawyer will deduct a success fee from your car accident injuries compensation. This is a small, legally capped percentage.

Contact Us To Discuss Your Accident In The UK

To see if one of our No Win No Fee lawyers could help you with your claim, you can contact our friendly team of advisors. They can also help answer any additional questions you may have. To speak with one today, you can:

Learn More About Car Accident Injury Payouts

For more information on the Highway Code, please follow the link provided:

We also have some other guides on car accident compensation examples and the claims process that you may find useful:

If you have any further questions about how to claim compensation or would like to know more about car accident injury payouts, please contact a member of our advisory team.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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