A Guide To Car Accident Claims

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How Much Compensation For Car Accident Claims?

By Danielle Jordan. Last Updated 13th December 2023. This guide to car accident claims will tell you everything you need to know about road traffic accidents, injuries, and potential compensation payouts for a car accident in the UK.

We’ll explain how to claim for the car accident compensation that you’re entitled to. We’ll also be answering a question we’re often asked – “how long after a car accident can you claim compensation?”

If you have been involved in an accident on the road that wasn’t your fault and you’ve suffered an injury, such as whiplash, you could be entitled to compensation. That’s provided that there’s evidence that another party caused the accident that you were in and the subsequent injuries.

Legal Expert is a claims management company that works with a specialist panel of solicitors with over 30 years of experience supporting clients that have been involved in car accidents.

If you’d like to speak directly with our personal injury claim advisors about car accident claims and subsequent compensation, you can reach them via the following ways:

average payout for car accident uk

Advice on claiming compensation for car accidents

Select a Section

  1. How Legal Expert Can Help You Claim Car Accident Compensation
  2. Car Accident Claims – Eligibility Criteria
  3. What To Do After A Car Accident
  4. What Types Of Injuries Could You Make A Car Accident Claim For?
  5. Car Accident Compensation Examples In The UK
  6. Car Accident Compensation Examples – Claiming For Whiplash
  7. Claiming For A Car Accident With A No Win No Fee Solicitor

You can check out this quick video below which summarise our guide:

How Legal Expert Can Help You Claim Car Accident Compensation

If you would like to make a car accident compensation claim, you might like some advice on the legal process. One of our advisors could help you. They can value your claim, discuss car accident compensation examples in the UK, and provide free advice for your specific case. Additionally, if you have good grounds to seek compensation, they can connect you to one of our personal injury solicitors.

One of our specialist road traffic accident solicitors can help you with:

  • Obtaining evidence.
  • Understanding legal jargon.
  • Valuing your claim.
  • Presenting your case in full before the personal injury claims time limit expires.

Contact an advisor using the details above to get started using our services, or you can continue reading to learn more about the average payout for a car accident.

Car Accident Claims – Eligibility Criteria

If you suffered an injury in a car accident, you could claim compensation. However, you will need to prove that you meet the eligibility criteria. This is:

  • Another road user owed you a duty of care.
  • This duty was breached.
  • You suffered an injury as a result of this breach. When these factors are brought together, this is known as negligence.

The duty of care for road users is set by the Road Traffic Act 1988. Per this duty of care, they must navigate the roads in a way that prevents injury and damage to themselves and others. Furthermore, road users are expected to adhere to the relevant rules and regulations found in the Highway Code. If another road user were to breach their duty of care and you suffered an injury, you may be eligible to make a personal injury claim for a car accident.

If you have any questions about your eligibility to claim, please get in touch with one of the advisors from our team.

I Was Injured As A Passenger In A Car – Is An Accident Claim Possible?

If you were a passenger, it may be possible to make a passenger car accident claim.

However, your claim could be made against the driver of the vehicle you were a passenger in or another driver. As with all road traffic accident claims, you will need to prove driver negligence. Who you make the claim against depends on which driver failed to adhere to their duty of care.

If you were a passenger who suffered injuries in a car crash, you may like to know the average compensation for a road traffic accident. As each claim is different, this won’t be beneficial for you. However, you can get in touch with an advisor from our team who can give you a free claim valuation.

Can I Claim On Behalf Of My Child?

Those under the age of 18 cannot pursue their own car accident claim. If your child suffered an injury in a road traffic accident, you might wonder whether you could launch a claim on their behalf. This is possible if you are appointed their litigation friend.

To become your child’s litigation friend, you can either apply to the court or the court can appoint you. You have until your child’s 18th birthday to start the claim on their behalf. If your child turns 18 during proceedings, you might need to apply to stop being their litigation friend.

As part of your duties, you will need to:

  • Make decisions in your child’s best interests.
  • Explain to them what is happening.
  • Talk to their solicitor.
  • Pay court costs.

Speak with an advisor to discuss car crash compensation payouts and litigation friends.

What To Do After A Car Accident

Being involved in a car accident can be a deeply traumatic and unnerving experience. Often, the impact is unexpected, and the force of such sudden movements, combined with the dramatic and sometimes violent sounds, can cause immense distress.

In this part of our guide to road traffic accident claims, we thought we’d provide you with information on what to do if you suffer an injury in a car accident. We want first to make sure that you’re safe and well, and secondly, you give yourself the best chance of making a successful personal injury claim.

The steps you can follow

  1. Immediately after the accident, you should make sure that you and your passengers are safe and that if anyone needs emergency treatment, that they get it. Calling emergency services is advisable in serious car accidents, such as those involving cuts and broken limbs.
  2. After you’ve made sure everyone is safe, it’s time to inspect the damage. If you can still drive, move your car to a safe place, making sure the other driver or road user follows.
  3. Take photographs of the scene of the car accident and the vehicles involved, focusing in particular on any visible damage.
  4. Exchange details with the other driver involved. Crucially, you should aim to get their vehicle registration number, insurance details, name and contact information.
  5. Seek medical advice. In less serious accidents, such as low-velocity impacts, you may not feel too injured. However, some injuries, such as whiplash, may present themselves over the next few hours or days. It’s therefore important to rule out any more severe injuries ahead of filing accident claims. In addition, your attendance at your GP practice or walk-in centre creates an entry in your medical records, which helps prove the circumstances of the claim.
  6. Seek legal advice. Because of the personal injury claims time limit, you only have a limited amount of time to start a car accident claim. It’s therefore advisable to seek legal advice as soon as possible.

Looking for a car accident solicitor? Contact our advisors and they can offer you all the advice you need. If you have strong grounds to claim, they may even be able connect you with one of our road traffic accident solicitors.

What Evidence Do I Need For My Car Accident Compensation Claim?

In order to claim road traffic accident compensation, you will need evidence that confirms you suffered the injuries you’re claiming for. You also need proof that the injuries were caused by a breach of duty of care.

When personal injury solicitors support car crash claims, they can aid in gathering evidence that strengthens the case. Potential evidence you could aim to gather when aiming to claim compensation for an accident in a car could include the following:

  • A medical report that confirms the injuries you suffered and the treatment you received for them.
  • Dashcam footage showing the accident. Footage from CCTV that shows the incident may also be usable.
  • Photos that were taken of the accident scene.
  • Contact details of witnesses who saw the accident.
  • A copy of a police report on the accident.

For more advice on the types of evidence you could gather for car accident compensation claims, you can contact our team of advisors today.

What Types Of Injuries Could You Make A Car Accident Claim For?

There are various types of injuries that you could sustain in a car accident. This could include both physical and psychological injuries. Some examples of the injuries you may suffer in a car accident include:

  • A whiplash and neck injuries. This occurs when your head and neck are jolted back and forth. It could occur in a rear-end accident.
  • A back injury
  • Broken or bruised ribs. These could occur when the seatbelt locks with the impact.
  • Cuts and lacerations from breaking glass.
  • A head injuries and brain damage.
  • Fatal accidents if you lose a loved one in an accident.
  • Broken bones, including a fractured leg or arm could occur through side impact accidents.
  • Damage to your internal organs could happen in a high-impact car crash.

However, in order to be eligible for compensation after a car accident, you must be able to prove that negligence occurred.

car accident compensation examples UK

Tips On Claiming Car Accident Compensation

Call our advisors today to see whether you may be eligible for car crash compensation. They could also help answer any questions you may have about car crash claims.

How Long After A Car Accident Do I Have To Claim?

So, how long after a car accident can you claim compensation? You may not be aware of it, but every personal injury claim has a time limit in which it must be made. This time limit applies by law under the Limitation Act 1980.

In summary:

  • You usually have three years from the date of the car accident that caused your injury to start a potential compensation claim.
  • If you are under 18, you won’t be able to start a claim on your own and the time limit is frozen. A family relative or another trusted person may be able to claim on your behalf. Such a representative is known as a litigation friend. If a claim has not been started on your behalf by the time you are 18, the three-year period will start from the day of your 18th birthday.
  • If you lack the mental capacity to claim, a litigation friend can potentially act on your behalf under the Mental Capacity Act 2005. However, if you regain enough mental capacity to act independently, then the three-year time limit for starting your claim will begin from when this happens.

If you’re at all unsure if you meet the personal injury limitation period for personal injury claims, please give our team a call on the number at the top of this page to have the car accident time limit explained.

Car Accident Compensation Examples In The UK

You may have questions about what you may receive if your car accident claim succeeds, such as, “what is the average payout for a car accident in the UK?” The payouts for car accident injury claims can vary greatly, because they are determined by several factors. These include what injuries you’re claiming for and how severe they are deemed to be. Therefore, the amount of compensation you may receive following a successful claim may end up being very different to the average payout for a car accident in the UK.

Payouts for car accident injuries can include general damages, which compensates you for the pain and suffering caused by your injuries. For more insight into general damages, you can check out the compensation table below. The table includes guideline award brackets for different types of injuries you may have suffered due to a car accident. The figures are based on the 16th and latest edition of the Judicial College guidelines.

This table should be used as a guide only. Also, please note that the first and last two entries in this table are not based on the Judicial College Guidelines.

Edit
Injury Type Severity Amount Description
Multiple Serious Injuries Plus Special Damages Serious Up to £1,000,000+ If you have sustained multiple serious injuries in a car accident, then your compensation payout may cover all of these and any related special damages, such as the cost of home care.
Brain Damage Moderately Severe £219,070 to £282,010 The person will depend on others due to being seriously disabled. Disabilities may include paralysis and an intellectual impairment.
Brain Damage Less Severe £15,320 to £43,060 The person will have made a significant recovery and will be able to participate in normal working and social life. However, the person may still suffer with some memory and concentration issues.
Back Injury Severe (i) £91,090 to £160,980 Severe back injuries that involve damage to the nerve roots and spinal cord, which may result in serious pain and incomplete paralysis.
Back Injury Moderate (ii) £12,510 to £27,760 The ligaments and muscles have been disturbed due to frequently encountered injuries to the back. This will cause backache.
Leg Injury Amputations (iii) £104,830 to £137,470 One leg has been amputated above the knee. Factors such as the presence of phantom pain will affect how much is awarded.
Leg Injury Serious (iii) £39,200 to £54,830 Serious comminuted or compound fractures or joint injuries that require prolonged treatment and will result in instability.
Neck Injury Severe (iii) £45,470 to £55,990 Dislocations, fractures or severe soft tissue damage that lead to permanent chronic conditions.
Whiplash Tariff £4,345 The claimant has experienced a whiplash injury along with a minor psychological injury that has symptoms lasting between 18-24 months.
Whiplash Tariff £4,215 The claimant experienced a whiplash injury with symptoms lasting 18-24 months.

If you are eligible to claim for general damages, then you may also be able to claim for what’s called special damages. This covers financial losses and expenses directly linked to the car accident injuries you’re claiming for. Loss of income while recovering from your injuries is an example of something that may be covered under special damages.

For more advice on how much compensation for being hit by a car in the UK you could receive, contact our advisors for free today.

Car Accident Compensation Examples – Claiming For Whiplash

If you’re claiming for whiplash from a car accident, the way in which you make your claim may have changed.

The Whiplash Reform Programme, introduced in 2021, changed the way personal injury claims for certain low-value road traffic accident claims are made within Wales and England.

You will now need to make your claim via a different avenue if you are aged 18+ and were injured as a driver or passenger of a vehicle with your injuries valued at £5,000 or less. This includes injuries such as whiplash and minor soft tissue injuries.

As part of the changes introduced, whiplash injuries are now valued by the tariff set out in the Whiplash Injury Regulations 2021. These are fixed amounts, and you can find examples of them at the bottom of the compensation table above.

If you are claiming for additional higher-valued injuries that are not covered by this tariff, these will be valued in the traditional manner.

For more advice on how the Whiplash Reform Programme may affect certain car crash compensation payouts in the UK, please contact our advisors for free, either online or on the phone.

how to claim car accident compensation

Car accident compensation

Claiming For A Car Accident With A No Win No Fee Solicitor

If you are eligible to claim compensation for car accident injuries, you may wish to have a solicitor work on your claim. One of our personal injury solicitors may be able to assist you under a No Win No Fee arrangement.

For example, they could offer to work on your claim under a Conditional Fee Agreement (CFA). This type of arrangement means that you do not have to pay for the solicitor’s work upfront or throughout the process of your claim. Instead, if your claim is successful, they will deduct a small, legally capped percentage from your eventual payout.

If your claim was unsuccessful, and you did not receive compensation for the car accident injuries, you would not typically have to pay the solicitor for their work.

To see if you would be eligible to work with one of our No Win No Fee solicitors on your car accident compensation claim, you can contact an advisor.

You can contact an advisor:

  • By telephone 0800 073 8804
  • Via live chat
  • Or, by filling out the ‘contact us’ form.

More Useful Guides and Resources On Road Traffic Accidents

We appreciate you taking the time to check out our car accident claims guide. Below, you can find some more guides on road traffic accidents you may find useful. And if you have any questions at all, or to start your claim, please get in touch with our team.

  • The Highway Code – Head here to review the obligations set out in the Highway Code.
  • Is Your Vehicle Safe To Drive? – Check out this government guide on ensuring your car is in good working order.
  • Motor Insurers’ Bureau (MIB) – If you’ve been injured in an accident involving an uninsured driver or one that cannot be traced, a claim might be possible through the MIB. Please find out more about making car accident claims through them here.

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

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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.