How Do I Make A Car Accident Neck Injury Claim?
This guide will take you through the process of how to make a car accident neck injury claim, including the eligibility criteria that need to be met in order to seek compensation for a personal injury. As you move through this guide, you can also find information on the steps you can take to strengthen your claim, such as gathering evidence.
How Do I Make A Car Accident Neck Injury Claim?
In addition, we discuss a road users duty of care and how a breach of this could lead to you sustaining different types of neck injuries in a car accident.
Furthermore, we explore road traffic accident compensation settlements, including what they can consist of and the factors that may be considered when calculating how much you may be owed for your injuries. We also discuss how the whiplash reforms could influence the way you make your claim and the settlement you are awarded.
Finally, this guide provides an overview of how it could benefit you to work with one of our solicitors offering their services under No Win No Fee terms.
You can get free guidance on your potential claim by speaking with our advisors. To reach them, you can:
- Make an enquiry about your claim online
- Call on 0800 073 8804
- Use the live chat feature below
Select A Section
- How Do I Make A Car Accident Neck Injury Claim?
- What Neck Injuries Could You Get In A Car Crash?
- What Evidence Could Support A Car Accident Neck Injury Claim?
- Estimating Compensation For A Neck Injury In A Car Accident
- Start A Car Accident Neck Injury Claim
- Related Whiplash Injury Claim Guides
How Do I Make A Car Accident Neck Injury Claim?
Road users owe a duty of care to each other, as set out by the Road Traffic Act 1988, to use the roads in a way that prevents harm to themselves as well as others. Additionally, there are rules laid out by the Highway Code that road users must follow as these are backed elsewhere in law. There is also guidance on the different responsibilities road users have in the Highway Code.
To start a personal injury claim for a car accident, you would need to prove the following:
- Another road user owed you a duty of care.
- They breached this duty of care.
- You experienced physical and/or mental harm as a result of the breach.
These three points form the basis of negligence in personal injury claims. If you can prove negligence occurred, you may have valid grounds to pursue your car accident neck injury claim.
Car Accident Claim Time Limits
Generally, you need to begin your personal injury claim within three years of the accident date. This time limit is set out in the Limitation Act 1980. However, there are certain exceptions to this time limit.
Our advisors can give you free guidance on the eligibility criteria and the car accident time limit that applies to you, so please get in touch if you are unsure.
What Neck Injuries Could You Get In A Car Crash?
There are several ways in which an injury to the neck could be caused in a car accident. Below, we have provided examples of how a car accident could result in different types of neck injuries:
- Another driver may have failed to stop at a set of red lights, causing them to crash into the side of your vehicle. This could lead to you experiencing a broken or fractured neck.
- You could sustain a soft tissue injury, such as whiplash or ruptured tendons in the neck, in a rear-shunt accident. This could have occurred if a driver was using their phone while driving, resulting in them crashing into the back of you.
- A head-on collision could occur if another driver failed to check it was safe before overtaking on a narrow road. As a result, you could sustain a dislocation to the bones in the neck as well as cuts and lacerations.
Injuries can vary in severity and could impact your life in different ways. If you’re eligible to make a car accident neck injury claim, you could seek compensation for the way you have been affected. To discuss your specific case, call an advisor on the number above.
What Evidence Could Support A Car Accident Neck Injury Claim?
There are several pieces of evidence that could help support your car accident neck injury claim by demonstrating that negligence occurred. For example, you could collect:
- The contact details of any witnesses.
- Dash cam or CCTV footage of the accident and its cause.
- Pictures of your injuries and the accident.
- A diary containing details about your treatment and the emotional or physical impact your injuries have had on your life.
- Medical records, such as copies of scans and test results.
If you wish to seek legal representation, one of our solicitors could help you build your case, provided you have a valid claim. To learn how they could help you, please get in touch with an advisor by calling the number above.
Estimating Compensation For A Neck Injury In A Car Accident
General damages and special damages are the two heads of claim that could form your overall personal injury settlement should your case succeed. Each seeks to compensate for the different ways in which your injuries have affected you. For example, special damages compensate for the financial losses incurred due to your injuries. This can include travel costs, care costs and loss of earnings.
General damages compensate for the pain and suffering caused by your injuries. Solicitors and other legal professionals can use the Judicial College Guidelines (JCG) to help them value your injuries. They may use this document, which contains guideline award brackets, alongside medical evidence.
We have used figures from the JCG to put together the table below. Please note, the figures are not necessarily reflective of what you will receive following a successful claim.
The table also contains two whiplash entries which have been taken from the tariff, which is contained within the Whiplash Injury Regulations 2021. Please keep in mind that these are fixed amounts.
Compensation Table
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Neck | Severe (i) | In the region of £148,330 | Neck injuries with incomplete paraplegia or spastic quadriparesis. |
| Severe (ii) | £65,740 to £130,930 | Serious fractures or disc damage in the cervical spine causing disabilities that are considerable in severity. | |
| Severe (iii) | £45,470 to £55,990 | Severe damage to the soft tissues and ruptured tendons causing chronic conditions as well as a significant disability of a permanent nature. | |
| Moderate (i) | £24,990 to £38,490 | Fractures or dislocations that lead to severe and immediate symptoms and may require spinal fusion. | |
| Moderate (ii) | £13,740 to £24,990 | Injuries that have accelerated or exacerbated a pre-existing condition. | |
| Moderate (iii) | £7,890 to £13,740 | Moderate soft tissue injuries with a fairly protracted recovery period. | |
| Whiplash | One or more whiplash injuries | £4,215 | Symptoms last for 15-18 months. |
| One or more whiplash injuries alongside one or multiple psychological injuries | £4,345 | Symptoms last for 18-24 months. |
How Could The Whiplash Reform Programme Impact My Claim?
There have been changes, that the Whiplash Reform Programme has brought in, to the process of how claims for certain road traffic accidents are brought forward. As such, adult drivers and passengers with injuries valued at £5,000 or less would need to claim in another way.
As mentioned above, the Whiplash Injury Regulations 2021 contains a tariff that is used to value whiplash injuries. If you have suffered other injuries, not included in the tariff, these will be valued traditionally.
Also, if the total value of your claim comes above £5,000, you would claim via the traditional route. That said, any whiplash injuries will still be valued in line with the whiplash tariff.
For more information on how the whiplash reforms could influence how much you could be owed and how you would make your car accident neck injury claim, call an advisor on the number above.
Start A Car Accident Neck Injury Claim
Our No Win No Fee solicitors could offer their services under a Conditional Fee Agreement (CFA). This typically means you won’t pay for the work completed on your case at the following times:
- Upfront,
- While the claim progresses,
- At the end of the claim, if it has not been a success.
Following the completion of a successful claim, your solicitor will take a percentage of your compensation. This is referred to as a success fee. However, the amount they can take is capped by the Conditional Fee Agreements Order 2013.
Talk To Our Team
If you have any questions regarding the process involved in making a personal injury claim for a car accident, please speak with an advisor. They can also provide further guidance on how a one of our solicitors could assist you, and may connect you with a solicitor if your claim is valid.
For more information, you can:
- Make an enquiry about your claim online
- Call on 0800 073 8804
- Use the live chat feature below
Related Whiplash Injury Claim Guides
You can explore more of our guides below:
- Find out about making a split liability claim with our helpful guide.
- A guide on claiming for a driving lesson accident.
- Learn about seeking compensation for injuries sustained in a car crash on a motorway.
You may also find these resources useful:
- GOV.UK – Road accident and safety statistics
- NHS – Neck pain
- Think! – Advice for road users
Thank you for taking the time to read our guide on making a car accident neck injury claim. Please do not hesitate to speak with our advisors if you have any further questions or would like free advice on how to claim.
Written by McCosh
Edited by Mitchell
