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I Was Injured In A Car Accident. What Are My Rights?

By Stephen Hudson. Last Updated 29th June 2023. Welcome to our guide, looking at the question “I was injured in a car accident; what are my rights?”. As outlined by the Department for Transport (DFT), there were 1,752 reported road deaths, 25,945 serious injuries and 153,158 casualties of all severities in 2019.

injured in a car accident what are my rights

injured in a car accident what are my rights

Driver error is currently the main cause of road accidents in the UK. Of the factors known to cause fatal road accidents as listed by the police, driver error leads by 65 per cent. Driver error includes a loss of focus and control, poor turns, failure to judge the other driver’s pace, injudicious action, exceeding the speed limit, inexperience, carelessness, impaired vision or distraction and aggressive driving.

Although errors made by drivers are the main cause of car accidents, there are a number of other frequent causes. These include vehicle defects and the age of the driver (older drivers have a tendency to not focus on the road properly, whilst younger drivers often break speed limits). You can read more about government road accident statistics here.

If you are involved in a car accident, then you may have questions. Whatever the cause of the accident, it’s important to know where you stand and your rights if you’ve been in a car accident. Legal Expert can steer you in the right direction in regards to your compensation claim and help you win the compensation you deserve.

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How to Preserve Your Rights after A Car Accident

If you suffer a car accident that is not your fault, you are entitled to make a claim for compensation. The courts or the concerned parties insurance firm can grant the compensation you’re entitled to. If this case applies to you, it is crucial to keep clear and concise records of the accident and claims process, and a willingness to persevere with the case. Be understanding and professional when dealing with your assessors and solicitors and keep in contact with your personal injury solicitors for regular updates on your case. Occasionally, assessors may deliberately slow down your case; if this happens, you should seek help from your solicitor.

After a car accident, it is important to make a compensation claim in order to preserve your car accident rights in the UK. If you are involved in a car accident, then you may have questions. For instance, you may ask “I was injured in a car accident what are my rights“. You have the right to be compensated for all the medical expenses, travel costs, repair costs for your car, lost income, loss of potential earnings and other related expenses incurred as a direct result of the car accident. The amount of compensation awarded will depend on the severity of your injuries.

In order for you to be eligible to make a compensation claim, you must not be at fault. If you were at fault, you may not be able to make a compensation claim even if you sustained injuries. You will need to inform your insurance company about the car accident as soon as you can, so as not to invalidate your cover. This is because insurance companies have a certain time period in which their policyholders are eligible to make a claim. This period can range anywhere from two days to two weeks.

The government have provided some useful information on their website about claiming compensation after an accident.

Passenger In A Car Accident Rights

There is also hope for passengers who have been involved in a car accident and suffered injuries that ultimately resulted in serious physical implications, financial losses and expenses. This hope is provided by car accident rights in the UK. Passengers are entitled to claim compensation from the driver found to be at fault. If the driver is uninsured, you could run your claim against the Motor Insurers Bureau as they have a special compensation scheme which is supported by insurance companies across the UK.

The passenger making the claim is encouraged to find a solicitor who specialises in car accidents. In an accident where two cars are involved, the passenger is entitled to compensation, as long as the amount they’re claiming for does not exceed the total claim amount. The passenger may claim from the driver whose car they were in or the other driver.

As the graph below shows from the Reported road casualties in Great Britain: 2019 annual report, passengers under the age of 40 were substantially more likely to be injured in a road traffic accident than older passengers. Those aged 17-24 had the highest casualty rate per billion miles travelled.

injured in a car accident what are my rights statistics graph

injured in a car accident what are my rights? 

The driver whom the passenger claims from will vary from case to case and a number of factors can alter each claim: insurance, where the fault lies, and so forth. In cases where only one driver is at fault, the passenger should file the claim against the driver at fault only. However, when no driver is at fault, one can file to be compensated for expenses incurred on medication and any lost income. Where more than one passenger is involved, the claim by each passenger becomes tricky. This may lead passengers to not get the full claim award due to the insurance coverage of the driver not being enough. There are some instances where the claimant and the driver or the vehicle owner may decide to agree to an out of court settlement.

For more information addressing the question “I was injured in a car accident; what are my rights?” and more, please read on in this guide.

What To Do After A Car Accident

Many car accident cases are either lost or thrown out of court for not following the correct processes after the accident occurred. It is wise for the claimant to be conversant with what it entails to file or to have a successful claim, in order to avoid the car accident case being disregarded. Below is a breakdown of what happens so that you may have a strong case in the litigation.

After you have a car accident, there are ways to help you preserve your car accident rights in the UK and make a successful car accident compensation claim. After a car accident, you must stop and remain on the scene if you have not suffered a serious injury that requires immediate medical attention. This is because failure to stop may result in a serious criminal offence, for example, courts may rule your failure to stop as a hit and run. To avoid this and to keep other road users safe, drivers must switch off their car engine and put on their hazard lights.

If an injury has occurred, alert the police or an ambulance immediately. The involvement of the police is very vital if the car is blocking the road or if you suspect foul play. A police report will significantly improve your chances of success and chances of using your passenger in a car accident rights (if you had a passenger) during your compensation claim. Do not take the blame for the accident. This is because the blame may later be used to your disadvantage. Write details of the other driver, insurance policy number, details of anyone else involved and witness statements if anyone saw what happened. You should also take pictures and videos of the scene to use as evidence. Please remember to be cooperative and give your details such as name, locality and contact address to those involved.

Remember, stopping is not limited to hitting other cars but also anything on the road. Where police are not available please make sure your contact details are left at the scene of the accident. Make sure the police are aware of the car accident within one day of it happening, this will enable you to have a strong legal backing when the case goes to court. It will also reduce the risk of you receiving a police fine or other charge. If someone involved in the accident leaves the accident scene without their contact details, call the police immediately and give their car registration number or other details. Make sure to take note of the model, colour and the makes of the cars involved in the accident. Describe the form of damages and injuries in the accident. Note down the date and the time the car accident occurred. Write down the condition of the road and the weather at the time of the accident. Was it a foggy or a rainy day? Were the road slippery and were they well lit? Were there any road signs and/ or traffic lights? You can also draw the distance and the position of the vehicles at the scene of the accident. Always gather as much information as possible (if you are well enough to do so after the accident) to support your claim. If the accident was severe, you can organise a breakdown to tow your car away from the scene.

Here is what the government advise you do after an accident with regards to your car insurance.

If you’d like to speak with a member of our team regarding the question “I was injured in a car accident; what are my rights?” or any other questions relating to a car accident claim, please call us today for free legal advice, or read on to find out more. 

Getting Medication Attention

After a car accident, minor injuries can often go unnoticed. Even where there are no visible/traceable injuries, you will need a medical check-up. Therefore, it is vital to seek medical attention as soon as possible, even if you think you are feeling fine. Not only will this ensure your good health, it will also serve as part of the basis of your claim. Delaying getting any necessary medical care may deal your compensation claim a big blow. This is due to counter arguments claiming that your injuries were caused by something else, rather than the car accident. Below are some of the procedures to follow.

Some car accident injuries don’t immediately happen, and you could find yourself with injuries developing days after the accident. This is especially the case with soft tissue damage. It is extremely important to seek medical advice, even if you think you have not suffered any serious injuries, make sure you visit your doctor to ensure there are no serious underlying issues. Take note of all medical treatment expenses including travel costs to your appointments and prescription costs. Remember to keep those records safe as they will be the basis for your compensation claim. Keep contacts of all medical practitioners visited during your treatment and be elaborative on every detail, including the limitations the pain has caused you, the extent of the injury and all inconveniences arising from the injury. Take note of all communications with your doctors throughout the treatment.

Understand Your Insurance Coverage

In order to get a comprehensive answer to the question “I was injured in a car accident; what are my rights?”, you should have a good understanding of all the matters at hand, including your insurance coverage.

There are different types of insurance covers that are aimed at different parties and situations, and knowing which you have is crucial to avoid wasting your time. The main type of insurance policy covers protection to personal injury. Car damage insurance policies, on the other hand, cover third party (liability) cover and general liability (uninsured) cover.

After a car accident, you should claim compensation from your insurer if you have a comprehensive policy. You could also claim uninsured losses from the other driver’s insurer to cover injuries, losses, transport expenses and loss of earning not covered by your policy. Inform your insurance agent about all that happened during the accident and policy number of the driver and any witnesses that were present when the accident happened.

If you were involved in a car accident, which was someone else’s fault, you could solicit the services of a credit hire company who will be responsible for hiring a temporary vehicle while yours is undergoing repairs. If in the event where the other driver has no insurance policy, can not be identified or has abused their policy, you may claim from the Motor Insurers Bureau (MIB). If your car can be repaired, do not do so without informing your insurer about it first.
Your car may be written off if it is too expensive to repair. In this case, your insurer will offer you the market value of your car at the time of the accident. When using third party insurance, you could claim compensation from the other driver and the insurer will determine the driver at fault. Send a written statement to the driver informing them that you wish to claim compensation and let your insurer know about it.

Liability cover will cater for third party persons who may have been involved in the accident whilst in your car at the time of the car accident. The cover also takes care of litigations when injured parties take you to court. In the event you were the one at fault during the accident, the policy will also cover. This type of policy does not cover you or the driver mentioned on the cover. The cover does not also take care of property damage.

Low-Value Car Accident Claims For Whiplash

The process of how certain low-valued road traffic accident (RTA) claims are made in England and Wales was changed in May 2021 by the introduction of the Whiplash Reform Programme. Low-valued claims for a car accident are among the types of RTA claims affected by this programme.

It means that your car accident claim will have to be made via a different avenue if you were a driver or passenger of a vehicle over the age of 18 who suffered injuries valued at £5,000 or less. Whiplash and minor soft-tissue injuries are covered by this programme.

If this applies to you, then the whiplash injury you claim for will be valued in line with the tariff set out in the Whiplash Injury Regulations 2021. These are set amounts. If you’re claiming for additional injuries that are not covered by this tariff, they will be valued traditionally. However, it’s possible these tariffs could be applied to claims that don’t need to be made via the new method.

For more information on car accident claims for whiplash injuries, contact our advisors today either online or on the phone.

How Much Could I Claim

Lives of innocent people are disrupted due to others fault. This has forced many people to shy from using roads. Even though there is nothing that can replace a life, people are entitled to compensation to keep them moving. The amount received in these cases depends on several factors. Every case is awarded on its own merits and differently from each other. There are several types of damages, which are claimable. The damages include; medical related issues, transport issues, rehab issues, wages/salary issues, vehicle claims and injury issues. In order to get compensation, assessment by qualified personnel will be required. The court will use that basis in awarding the compensation. The length of the ailment will determine the amount in consideration.

If the injuries sustained in a car accident was someone else’s fault, you are still entitled to the compensation award. The compensation covers injury sustained, pain and suffering you have had to endure and the expenses incurred as a direct result of the car accident. Below is a table of injuries that may be sustained and estimated amounts awarded as compensation.

Type Of Injury Severity Potential Compensation Amount Injury notes
Brain Damage Very Severe £282,010 to £403,990 In these cases there will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence and the need for full-time nursing care.
Brain Damage Moderately Severe £219,070 to £282,010 In these cases there will be substantial dependence on others and a need for constant professional and other care.
Brain Damage Moderate (i) £150,110 to £219,070 Cases in which there is moderate to severe intellectual deficit, a personality change, an effect on sight, speech and senses with a significant risk of epilepsy and no prospect of employment will fall into this bracket
Brain Damage Less Severe £15,320 to £43,060 There may not have been a restoration of all normal functions so there may still be persisting problems such as poor concentration and memory or disinhibition of mood, but the injured person will have made a good recovery and will be able to return to work
Foot Injury Amputation of Both Feet £169,400 to £201,490 This injury is assessed in a similar way to below-knee amputations, due to the loss of a useful ankle joint.
Foot injury Very Severe £83,960 to £109,650 Injuries in this bracket will produce permanent and severe pain or really serious permanent disability.
Back Injury Severe (i) £91,090 to £160,980 This will involve cases of the most severe injury involving damage to the spinal cord and nerve roots, resulting in severe pain and disability with a combination of incomplete paralysis and significantly impaired bladder, bowel, and sexual function.
Back Injury Severe (iii) £38,780 to £69,730 This bracket will include there remain disabilities such as continuing severe pain and discomfort, impaired agility, impaired sexual function, depression, personality change, alcoholism, unemployability, and the risk of arthritis.
Back Injury Moderate (i) £27,760 to £38,780 Cases where any residual disability is of less severity than that in serious cases above.
Shoulder Injury Severe £19,200 to £48,030 This bracket is often awarded to injuries associated with neck injuries and resulting in significant disability.
Shoulder Injury Serious £12,770 to £19,200 This bracket includes injuries like dislocation of the shoulder and damage to the lower part of the brachial plexus causing pain in shoulder and neck, aching in elbow, sensory symptoms in the forearm and hand, and weakness of grip.
Head injury Minor £2,210 to £12,770 In these cases brain damage, if present at all, will be minimal.
Whiplash injury £4,345 Whiplash injury with psychological effects lasting 18-24 months.
Whiplash injury £4,215 Whiplash injury lasting 18-24 months.

For a more detailed guide to the amount of compensation you could claim, or for more information on injured in a car accident what are my rights, please call Legal Expert to discuss the details of your case. We offer a free, no-obligation initial consultation for all of our clients.

No Win No Fee Car Accident Fees

Before the introduction of no win, no fee compensation claims in the United Kingdom in 1995, many people could not afford litigation fees for car accident claims. This meant that if an individual lost a claim, they were obligated to pay for all the costs of the case. Come April 2015, the law changed to take care of the anomaly, meaning drivers who would have previously hesitated about taking their case to court could now do so without stress.

We take up all personal injury compensation cases for a no-fee no win basis regardless of the financial circumstances of the victims. Our ‘no win no fee’ agreement guarantees that we will work for you and with you, with the assurance that we will not charge you if you do not win your case. Hence, there is no need to worry if you have no money to pay upfront legal fees. This does not necessarily mean that when you win the case, you will not pay. Once you have received your compensation, you will pay the amount agreed. There are no extra hidden charges in the agreement. For easy accessibility, you can reach our Legal Expert solicitors online through our contact form, or give us a call.

Talk To Legal Expert Today If You Are

Getting the right legal advice today is a tough task for many people. The terminologies used in the court of law will require somebody with good legal backing. Many people have lost good claim cases for the lack of the right legal experts. The right legal experts will not consider what they get from the claim case, but the exposure and marketability of their services.

To make a personal injury compensation claim for your pain and suffering because of car accident injuries, talk to Legal Expert today. We are here for you and our personal injury team is dedicated to making sure you receive the compensation you deserve. We will fight for your car accident right and your passenger in a car accident rights. Our solicitors will not only maximise the value of your award but will also work without any upfront fees.

With us, you have the assurance that you will not lose any of your money through large upfront legal fees and our solicitors have both the experience and expertise needed to help you successfully win your claim. Call us today on 0800 073 8804 or send us a free online inquiry if you have questions, such as “injured in a car accident what are my rights?”.

Useful Links

Our No Win No Fee Page

Do you need further details about our no win, no fee policy? See our no win, no fee page.

Personal Injury Compensation Claim Process

Read more about the process of claiming compensation after suffering a personal injury.

Road Traffic Accident

Read more about claiming compensation after a road traffic accident.

We also have some other guides on car accident claims that you may find useful:

Once again, if you question “I was injured in a car accident; what are my rights?”, please do not hesitate to contact our team. One of our advisers would be more than happy to assist you however they can.

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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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