Being in a car accident could change your life, affecting your mental and physical health. Following a road traffic accident, you may have many questions as what to do next and how to make a claim. In this guide, we cover some frequently asked car accident questions and their answers.
This guide will address questions regarding eligibility criteria, required evidence, and time limits. Additionally, we will cover key information regarding claiming against an uninsured driver and how a No Win No Fee solicitor could help you.
If you have any additional questions that this guide may not have covered, you can contact our advisors:
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- Click the live chat box.
- Request a callback via our online claims form.
Jump To A Section
- Can I Make A No Win No Fee Car Accident Claim?
- Am I Able To Claim If I Wasn’t Wearing A Seatbelt?
- What Happens If I Was Hit By A Stolen Car?
- How Do The New Whiplash Reforms Impact A Claim?
- Who Pays For The Compensation After A Car Accident?
- Do I Need To Accept The Liable Party Insurance’s Early Settlement Offer?
- Will I Have To Attend A Medical If I Claim?
- Will I Need To Go To Court During My Claim?
- Claim With Legal Expert’s No Win No Fee Solicitors
- More Information
Can I Make A No Win No Fee Car Accident Claim?
You can make a No Win No Fee car accident claim if you were injured due to a road user breaching their duty of care. Duty of care is a legal obligation all road users have to use the road in a safe manner. All road users must also follow the regulations in the Road Traffic Act 1988 and the Highway Code.
If a road user does not carry out their duty of care, causing you to sustain an injury, you can likely make a claim. For example:
- A car crashed into your own vehicle due to the driver texting while driving and not noticing you had come to a stop at a red light, causing you to suffer whiplash and a sprained ankle from the impact.
When making a car accident claim, you could receive compensation for general damages, which compensates you for:
- Pain and suffering.
- Emotional distress, including anxiety.
- How an injury affects your life.
You will need to provide medical evidence to claim general damages, such as your health records.
You may also be able to claim for the financial losses your injuries have caused you under special damages, including:
- Loss of earnings.
- Medical treatment.
- At-home care.
- Transportation to and from medical appointments.
You will need to provide evidence to claim special damages, such as bank statements and invoices.
No Win No Fee Claims
You can claim with our solicitors at Legal Expert on a No Win No Fee basis via a Conditional Fee Agreement. Claiming via this agreement means:
- There is nothing to pay for the solicitor’s services upfront or as the claim progresses
- You won’t need to pay them for their work if the claim fails.
- You pay a success fee only if you are awarded compensation.The percentage that can be taken as this fee is legally limited
If you want more information about eligibility or No Win No Fee agreements, don’t hesitate to contact us.
Am I Able To Claim If I Wasn’t Wearing A Seatbelt?
You are still able to pursue a car accident claim if you were not wearing a seatbelt at the time of the accident, but you will receive less compensation.
This type of situation is called contributory negligence. This applies to cases where you are deemed to have partially contributed to your own injuries, e.g. your injuries would have been less severe had you been wearing your seatbelt at the time of the accident.
While you can still claim car accident compensation, the amount you will receive will depend on how much you contributed to your injuries. For example, if you are deemed to have contributed to your injuries by 25%, you would receive 75% of the total compensation had you not at all.
If you aren’t sure whether you contributed to your injuries, contact our advisors. They can explain more and give you a better idea of what is considered contributory negligence.
What Happens If I Was Hit By A Stolen Car?
If you were hit by a stolen car, you should get in contact with the Motors Insurers’ Bureau (MIB). The MIB can compensate those who were injured in accidents involving uninsured or untraceable drivers, for example, if the vehicle involved is stolen.
For more information on making a claim through the MIB, you can contact our advisors. You can also continue reading this guide for more frequently asked car accident questions and their answers.
How Do The New Whiplash Reforms Impact A Claim?
Your claim may have been impacted by the Whiplash Reform Programme. Per the new whiplash claim rules, you will need to make your claim via a different avenue if your case meets the following:
- You were over the age of 18 when the accident happened.
- You were either a driver or a passenger in the relevant vehicle.
- Your injuries are valued at £5,000 or less. This could include whiplash and minor strains and sprains to other parts of the body.
These injuries will be valued in accordance with the Whiplash Injury Regulations 2021. We have listed these in the table below:
| INJURY | DURATION | COMPENSATION 2(1)(a) | COMPENSATION 2(1)(b) |
|---|---|---|---|
| Whiplash Injuries | More than 18 months, but not more than 24 months | £4,215 | £4,345 |
| More than 15 months, but not more than 18 months | £3,005 | £3,100 | |
| More than 12 months, but not more than 15 months | £2,040 | £2,125 | |
| More than 9 months, but not more than 12 months | £1,320 | £1,390 | |
| More than 6 months, but not more than 9 months | £840 | £895 | |
| More than 3 months, but not more than 6 months | £495 | £520 | |
| Not more than 3 months | £240 | £260 |
Additional injuries you may have suffered will be valued traditionally.
Furthermore, if you have additional injuries that bring the total value of your claim over £5,000, you would pursue a claim the traditional way.
If you are unsure about whether you need to claim through the new regulations or not, you can contact our advisors to discuss your case.
Who Pays For The Compensation After A Car Accident?
When you make a road traffic accident claim, the other driver’s insurance company pays the compensation if your claim is successful.
It is a legal requirement for those who drive a vehicle to have insurance. If the driver you are claiming against doesn’t have insurance, then you might be able to claim through the MIB.
Contact our advisors today with any questions you may have regarding compensation in road traffic accident claims.
Will I Need To Pay An Excess Fee If I Make A Claim?
If you claim against your insurance policy then you will have to pay an excess fee. If you claim against a third party insurer, you may not have to. Click here to read our dedicated guide on car accident claims and insurance excess.
Do I Need To Accept The Liable Party Insurance’s Early Settlement Offer?
You do not have to accept the first settlement offer from the negligent driver’s insurance company. While it may seem easier to accept, we recommend seeking legal advice from experts like the team at Legal Expert before accepting any kind of compensation agreement.
Once an offer has been accepted, you cannot claim any more compensation. Because of this, it’s crucial to ensure you’re making the right decision.
Contact our advisors to find out the best next step for you after a road traffic accident.
Will I Have To Attend A Medical If I Claim?
You may have to attend a medical exam when making a personal injury claim for a car accident. Medical assessments are used to prove the severity of your injuries and how they may impact your life moving forward. They are an extremely useful piece of evidence when claiming compensation.
The assessment will be carried out by an independent medical professional for an objective outcome.
If your claim is eligible, your solicitor will arrange the medical. Questions about attending a medical or when one may be needed? Get in contact.
Will I Need To Go To Court During My Claim?
While it’s unlikely that your claim will need to go to court, you may have to attend. Some circumstances where this could happen are:
- If the negligent party’s insurance details cannot be found.
- If a settlement cannot be agreed upon.
- If the other party refuses to accept liability.
- If it’s difficult to prove that the car accident wasn’t your fault.
Our advisors can give you further information about claims going to court and other questions you may have about the claiming process.
Claim With Legal Expert’s No Win No Fee Solicitors
As mentioned earlier, you can claim on a No Win No Fee basis with one of our solicitors, provided that you have a valid case. You can also guarantee that all of our solicitors will:
- Arrange a medical.
- Help you gather evidence for your case, such as witness statements.
- Explain legal terminology.
- Put you in contact with specialists like physiotherapists.
- Negotiate your compensation.
- Communicate with the defending party.
Contact Us
If you are seeking further questions and answers that this guide has not covered, you can contact one of our firendly advisors:
- Call us via 0800 073 8804.
- Click the live chat box.
- Request a callback via our online claims form.
More Information
Additional guides by us:
- See what to do if a car accident worsens a pre-existing injury.
- Read about claiming for tennis elbow following a car accident.
- Find out if you can claim for a faulty traffic light accident.
External resources:
- See how to treat neck pain vis NHS.UK.
- Find out more about whiplash via NHS.UK.
Thank you for reading our guide focused on car accident questions and answers.
