Car Crash On The Motorway Compensation Claims

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How To Claim For A Car Crash On The Motorway

 Last Updated 11th July 2024. In this guide, we will outline when you may be eligible to make a road traffic accident claim after sustaining injuries in a car crash on the motorway. We will discuss the criteria you must meet to have a potentially valid claim, and we will cover the time period you typically have to begin legal proceedings. In addition to this, we will explore the evidence that you could use to support a claim.

This guide also explains various potential causes of car accidents and outlines compensation bracket guidelines for the different injuries that could be sustained.

Cars waiting in standstill traffic on the motorway

Furthermore, we will conclude our guide by highlighting how you could opt to use a car accident solicitor and enter into a No Win No Fee agreement. 

For more information on how you could be eligible to claim for a car crash on a motorway, please continue reading. You could also speak to one of our friendly advisors to discuss the details of your case. They are available to talk 24/7.

To get in touch, use one of the following methods:

  • Call us on 0800 073 8804
  • Complete our online information form to contact us
  • Use our chat feature to begin a live conversation with an advisor 

Select A Section

  1. How To Claim For A Car Crash On The Motorway
  2. Causes Of Car Crashes On Motorways
  3. Proving Liability For A Car Crash On The Motorway
  4. Estimating Payouts For Motorway Accident Claims
  5. Start A No Win No Fee Claim For A Car Crash On The Motorway
  6. Learn More About Road Traffic Accident And Injury Claims

How To Claim For A Car Crash On The Motorway 

If you have been injured in a car accident on the motorway, you are probably wondering whether you can make a claim. However, to make a motorway crash claim, you must prove that your injuries were at the fault of another driver breaching their duty of care. 

Every road user owes a duty of care to each other on the roads, including motorways. This duty of care requires all road users to use roads safely and in a way to prevent anyone from becoming injured. For example, by not speeding or by not operating a car after drinking alcohol.

The Highway Code and the Road Traffic Act 1988 both provide rules and guidance for how each different type of road user should use the road to fulfil their duty of care. 

As such, here is the eligibility criteria for road traffic accident claims:

  1. You were owed a duty of care by another road user, such as a car driving in the lane next to you on the motorway. 
  2. They breached this duty of care. For example, the car driving in the lane next to you on the motorway swerved into the side of your vehicle due to them being under the influence of alcohol. 
  3. This breach consequently led to you sustaining physical and/or psychological injuries.

If you have been injured in a motorway crash and you can prove that each of the above criteria is applicable to you, then please have a chat with our team today. 

Time Limits To Claim For A Car Crash On The Motorway 

The Limitation Act 1980 sets out the time limits that apply when beginning a personal injury claim. Generally, you will have three years from the accident date to start legal proceedings. 

There are certain exceptions to these time limits for those who are under 18 or lack the mental capacity to initiate their own claim, if you would like to find out more about this in connection with your potential claim, our advisors can provide you with this information.

What Is The Whiplash Reform Programme? 

The introduction of the Whiplash Reform Programme on the 31st of May 2021 altered the way in which whiplash injury claims are brought forward. Compensation for injuries in the case of adult drivers and passengers, which is valued at £5,000 or less, must now be pursued via a different avenue. 

The fixed tariff in the Whiplash Injury Regulations 2021 is used to value whiplash injuries. 

You would claim traditionally in the case that you have injuries which raise the compensation value above £5,000. However, the whiplash tariff will still be used to value whiplash injuries.

To find out if you have a valid claim for whiplash injury compensation after being involved in a car crash on the motorway, please speak with a member of our team. 

Causes Of Car Crashes On Motorways 

A car crash on the motorway could occur due to various reasons. Below we will provide some examples:

  • Merging traffic A driver may not carry out the appropriate checks when merging into a different lane and crash into the side of another vehicle.
  • Distractions – A driver may be using their phone while driving and not paying attention to the road. They fail to see that you have come to a stop in front of them and they crash into the rear of your car.  
  • Drink drivingIf a person is intoxicated or under the influence of drugs when operating a vehicle on the motorway it could lead to dangerous driving and result in an accident.

To discuss the circumstances of your accident and enquire about your eligibility to make a personal injury claim, please contact a member of our team today.

Proving Liability For A Car Crash On The Motorway 

To bring forward a compensation claim, you must have evidence that proves another road user was liable for your injuries. Examples of this evidence include: 

  • Dashcam or CCTV footage – This can show how the accident occurred.
  • Witness contact information – Other road users may have seen the crash occur and could provide a supporting statement at a later date.
  • Copies of medical records – Detailing the injuries you sustained and any required treatment.
  • A diary of your symptoms – Depicting the progression of your injuries and any psychological damage.

To learn more about the evidence you could obtain to support your road traffic accident claim, please speak to a member of our team. Also, for help gathering and compiling evidence, you may consider the use of a solicitor.

Estimating Payouts For Motorway Accident Claims 

The compensation you may receive for a successful personal injury claim can comprise of up to two types of damages. The first is general damages. This can compensate you for the physical and psychological suffering you have experienced due to your injuries.

To help in the process of valuing general damages, legal professionals may refer to the compensation brackets provided by the Judicial College Guidelines (JCG). Some of these guideline compensation brackets can be found in the table below, as well as figures taken from the tariff in the Whiplash Injury Regulations 2021. We’ve also provided a figure in the top row, not from the JCG or Whiplash Regulations, that shows you how compensation could be awarded for multiple severe injuries and special damages. 

Please remember this table is a guide. Compensation depends on the individual details of a claim.

Injury TypeSeverityCompensation Guidelines
Multiple injuries that are serious plus special damagesSeriousUp to £1,000,000+
ParalysisTetraplegia (a)£396,140 to £493,000
Paraplegia (b)£267,340 to £346,890
Brain DamageVery severe (a)£344,150 to £493,000
Moderately severe (b)£267,340 to £344,150
Neck InjurySevere (a) (i)In the region of £181,020
Moderate (b) (i)£30,500 to £46,970
Whiplash injuries Lasting between 18-24 months. £4,345
Whiplash injuries and one or more minor psychological injuriesLasting between 18-24 months.£4,215

How Special Damages Could Also Compensate You 

Special damages could also be awarded as part of your settlement. This head of claim is awarded to compensate any of the financial losses you have incurred as a result of your injuries.

Some examples of the financial losses you could be compensated for after being injured in a car accident on the motorway include:

  • Travel expenses – for example, your injuries may prevent you from being unable to drive, causing you to take taxis to medical appointments. Keeping a receipt of these fares could be used to prove your travel expenses.
  • Wage losses – your injuries may leave you unable to work for a long period of time. Therefore, you could experience a loss of earnings. Retain your wage slips as they can be used to prove your lost earnings.
  • Medical expenses – you may pay for private treatment for your injuries, or have to pay for medication to alleviate symptoms of your injuries. You can use receipts of these expenses as evidence.

For a free valuation of your car crash claim, you can get in touch with our friendly team of advisors today. They may also connect you with one of our No Win No Fee solicitors.

Start A No Win No Fee Claim For A Car Crash On The Motorway 

When making a personal injury claim after a car crash on the motorway, you could choose to use the services of a No Win No Fee solicitor. They may offer to work on your claim under a Conditional Fee Agreement (CFA).

This means that your solicitor will not collect payment for their services at the start of your claim or as it is ongoing. Additionally, as part of the No Win No Fee terms, they will not take payment for their work on your case if your claim fails.

On the other hand, if your claim is successful, a solicitor can take a small fee from the compensation. This is known as a success fee, and the Conditional Fee Agreements Order 2013 caps the percentage that solicitors are permitted to take.

If you would like further guidance on making a road traffic accident claim, please speak with our team. They can assess the details of your claim and should they discover that you may have a legitimate case, they could put you in touch with one of our No Win No Fee solicitors.

You can:

  • Call us on 0800 073 8804
  • Complete our online information form to contact us
  • Use our chat feature to begin a live conversation with an advisor

A solicitor explaining how to claim for a car crash on the motorway.

Learn More About Road Traffic Accident And Injury Claims

More of our guides provide information on road traffic accident claims, such as:

External sources to explore:

Thank you for reading our guide on when you could be eligible to make a personal injury claim after a car crash on the motorway.

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    Meet The Team

    • 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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