How To Claim For A Car Crash On The Motorway
By Lewis Cobain. Last Updated 29th August 2023. 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.
Car Crash On The Motorway Compensation Claims Guide
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
- How To Claim For A Car Crash On The Motorway
- Causes Of Car Crashes On Motorways
- Proving Liability For A Car Crash On The Motorway
- Estimating Payouts For Motorway Accident Claims
- Start A No Win No Fee Claim For A Car Crash On The Motorway
- 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, for which another road user was liable, you could be eligible to claim compensation.
The Highway Code provides guidance and rules regarding the safe use of the roads, some of which are supported by law. Also, the Road Traffic Act 1988 outlines the duty of care road users owe to one another. Road users have a duty to navigate the roads safely and take reasonable care to avoid harm to themselves and others. They could breach this duty, for example, by speeding or operating a car after drinking alcohol.
Therefore, the eligibility criteria to bring forward a personal injury claim after a road traffic accident are as follows:
- You were owed a duty of care by another road user.
- They breached this duty of care.
- This breach consequently led to you sustaining physical and/or psychological injuries.
This is the definition of negligence, which can form the basis of a personal injury claim after a road traffic accident.
You must also ensure that your potential claim following a car crash on the motorway is within the relevant limitation period. Learn more on this in the following section.
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 driving – If 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.
Please remember this table is a guide. Compensation depends on the individual details of a claim.
| Injury Type | Severity | Notes | Compensation Guidelines |
|---|---|---|---|
| Brain Damage | Very Severe (a) | Potentially some ability to follow basic commands but there is little, if any, language function and minimal, if any, evidence of the person meaningfully responding to their environment. Full time nursing care will be a necessity. | £282,010 to £403,990 |
| Brain Damage | Moderately Severe (b) | Very serious disabilities and a substantial dependence on others. Constant care will be required. | £219,070 to £282,010 |
| Neck Injury | Severe (a)(ii) | Serious fractures or damage to cervical spine discs. These injuries will lead to disabilities of considerable severity. | £65,740 to £130,930 |
| Leg Injury | Severe (b)(ii) | Very serious injuries causing permanent issues with mobility. | £54,830 to £87,890 |
| Hip and Pelvis Injuries | Moderate (b)(i) | The injury is significant but any disability that is permanent will not be major and the future risks, if any, not great. | £26,590 to £39,170 |
| Arm Injury | Less Severe (c) | There were significant disabilities, but a substantial degree of recovery will be expected or will have occurred. | £19,200 to £39,170 |
| Back Injury | Moderate (b)(ii) | Frequently seen back injuries. For example, disturbed ligaments and muscles causing backache, or soft tissue injuries that cause prolonged acceleration of a pre-existing condition. | £12,510 to £27,760 |
| Shoulder Injury | Serious (b) | The shoulder is dislocated and there is damage to the lower section of the brachial plexus. Pain, aching, weakness of grip and sensory symptoms are present. | £12,770 to £19,200 |
| Whiplash injuries and one or more minor psychological injuries | Regulation 2(1)(b) | Injury duration longer than 18 months but no more than 24. | £4,345 |
| Whiplash injuries and one or more minor psychological injuries | Regulation 2(1)(b) | Injury duration longer than 15 months but no more than 18. | £3,100 |
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 the terms of a Conditional Fee Agreement (CFA).
This means that you will not pay for your solicitor’s services upfront, during the ongoing claim, or 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
Learn More About Road Traffic Accident And Injury Claims
More of our guides provide information on road traffic accident claims, such as:
- Car Accident Claim Time Limit Explained
- How To Prove An Injury From A Car Accident
- What Causes Neck Pain After A Car Accident?
External sources to explore:
- Road Safety Data – GOV.UK
- Road Safety Laws – THINK!
- Whiplash – NHS
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.
