How To Prove A Car Accident Was Not Your Fault
By Danielle Jordan. Last Updated 20th September 2023. You may be shocked to discover that, according to Brake, every 22 minutes someone is killed or seriously injured in the United Kingdom. Therefore, if you have been involved in a road traffic accident, you are certainly not alone. However, this does not mean you should simply sit back and accept what has occurred. If the car accident was not your fault, then there is a very high chance that you will be entitled to personal injury compensation.
Here at Legal Expert, we have many years of experience in the industry, helping thousands of personal injury victims to get the compensation they deserve. You can reach us today on 0800 073 8804.
However, before you pick up the phone, read on to find out more about securing road traffic accident compensation.
If you are to launch a successful personal injury claim, it is all about proving fault. You need to show that someone else caused the accident and consequently caused the injuries you have experienced.
In this guide, we will reveal exactly how to prove a car accident was caused by someone else’s negligence. Furthermore, we’ll guide you on the steps to take if the other driver is not admitting fault.
We’ll also aim to answer the question ‘I was in a car accident that’s not my fault, how much compensation can I claim?’
Select A Section
- Who Can Claim For A Car Accident?
- How To Prove You Are Not At Fault In A Car Accident In The UK
- What Can I Claim After Proving Fault In A Car Accident
- Car Accident Compensation – Injury Claims Calculator
- I Was In A Car Accident That Was Not My Fault – How Can A No Win No Fee Lawyer Help Me?
- Helpful Links And Resources
When using the roads, all road users owe each other a duty of care to navigate in a way that prevents injury and damage to themselves and others. As part of this duty, road users need to comply with the Road Traffic Act 1988 and any relevant rules and regulations in the Highway Code. If you are injured because another driver failed to adhere to this duty, you could be eligible to make a car accident claim.
However, you will need to prove that:
- The other driver owed you a duty of care.
- They breached this duty.
- You suffered injuries as a result of this breach.
You can only make a personal injury claim following a car accident if another party that owed you a duty of care is at least partly responsible for causing the accident. If you have established that another party is at fault but the other driver won’t admit fault a solicitor can help you gather evidence to prove that you are not responsible for the car accident that caused your injuries. However, in some cases, you might be found partially at fault and will need to make a split liability claim.
If you would like to discuss how to prove you are not at fault in a car accident in the UK, get in touch with one of the advisors from our team for free advice.
To give yourself the best chance of creating a strong case to prove a car accident was not your fault, it is advisable to do the following:
- Seek medical attention– There is only one place to start if you are thinking about making a compensation claim, and this is by seeing a doctor. Of course, if you have been seriously hurt, you will have no choice. However, if you have only suffered a mild case of whiplash, for example, you should still see a medical professional.
- Contact the police – In a lot of cases, it is imperative to call 999. This is especially the case if the crash scene is causing a danger to oncoming traffic. You also need to get in touch with the police if the person that caused the crash has fled the scene. Calling the police is also useful in terms of determining fault in a car accident left turn cases or any other types of accidents because it means that there is an official record of what happened. If the police aren’t needed at the scene of the accident, you should report the incident to them within 24 hours.
- Be mindful of what you say at the scene – After the crash has occurred, you need to act with discretion in terms of what you say. Don’t talk about who caused the crash and such like. Let your solicitor handle this.
- Take photographs – You should take photographs of any damage at the scene as well as any damage to your vehicle. If your injuries are visible, take photos of these as well.
- Keep accurate records of all out of pocket expenses – Out of pocket expenses are any costs that you have incurred because of the accident or your injuries. Common examples include hospital bills, counselling expenses, loss of income, travel costs, childcare expenses, and such like.
- Don’t try and settle the case on your own – A lot of people are encouraged to launch their own claim because they want to save money, but it will only cost you more in the long-run, as you need someone with legal expertise on your side. All cases are different and so you never know what complexities could arise. Instead, contact Legal Expert and we will provide you with a specialist personal injury lawyer who can build a strong case for you.
How Long Do I Have To Claim For A Car Accident?
Generally, you will have three years to start a claim for a car accident that wasn’t your fault. This runs from the date of the accident. The time limit is set out by the Limitation Act 1980, which outlines how long claimants have to start different kinds of compensation claims.
However, you may still be able to claim if you are outside of this limit, as there are some exceptions. For example, if you are injured while you are under the age of 18, then the time limit will not begin until your 18th birthday and runs until you turn 21. While the time limit is frozen, a litigation friend can make a claim on your behalf.
Similarly, the time limit is also frozen for those who lack the capacity to claim for themselves. It only reinstates if the claimant recovers the appropriate capacity; otherwise, a litigation friend can make their claim on their behalf.
To find out if you are within the time limit to claim for a car accident that wasn’t your fault, contact our team of advisors today.
When making a claim for compensation, you will be able to claim for your injuries and any costs suffered due to the accident that wasn’t your fault. Generally, claims are comprised of general and special damages.
General damages provide compensation for your physical and psychological injuries. When calculating the value of your injuries, various factors will be taken into account. For instance, medical evidence may be used to determine the severity of any injuries and how badly they’ve impacted your quality of life.
Special damages cover your financial losses, both those from the past and the future. Some examples of losses you could claim back include the following:
- Medical bills
- Loss of earnings
- Hospital visit expenses
- Vehicle repair costs
- Childcare expenses
- Damage to personal items of clothing
Evidence will be required to prove any financial losses you’ve incurred as a direct result of your injuries.
If your motor accident injury was the fault of another road user, you may have grounds to make a motor accident claim.
Your car accident compensation could comprise general damages and special damages. General damages seek to compensate you for the pain and suffering caused by your injury. On the other hand, special damages will compensate for any related financial losses.
Solicitors also use compensation amounts from the Judicial College Guidelines (JCG) in valuing claims. The amounts in the compensation table below are taken from the April 2022 edition of the JCG. These figures are based on past court payouts but they are not guaranteed for your specific claim.
|Back||(a) Severe - (i) the most extreme cases - damage to nerve roots and the spinal cord||£91,090 to £160,980|
|Back||(b) Moderate - (ii) common injuries that lead to backache caused by soft tissue damage||£12,510 to £27,760|
|Neck||(a) Severe - (iii) fractures and dislocations, including soft tissue damage with lasting symptoms||£45,470 to £55,990|
|Neck||(b) Moderate - (i) these injuries may cause the immediate onset of symptoms and could require spinal fusion||£24,990 to £38,490|
|Head/brain||(d) Less severe - a good recovery will have taken place but issues like poor concentration may persist||£15,320 to £43,060|
|Head/brain||(e) Minor - if any brain damage has occurred, it will have been minimal||£2,210 to £12,770|
|Leg||(c) Less serious - (iii) simple tibia/fibula fractures or injuries to the soft tissue||Up to £11,840|
|1+ Whiplash Injuries||Symptoms that last 18-24 months||£4,215|
|1+ Whiplash Injuries + 1+ Psychological Injuries||Symptoms that last 18-24 months||£4,345|
You can call our solicitors for an initial free consultation and get free legal advice specific to your circumstances.
The Whiplash Reform Programme
The Whiplash Reform Programme introduced changes to claims that are made for whiplash injuries that came into effect on the 31st May 2021. The changes affect drivers or passengers over the age of 18 who sustained injuries in a car accident.
The changes mean that if your claim is worth £5,000 or less, you will now make your claim for compensation through an online government portal. However, we would still recommend seeking advice from our team of advisors as they can help you understand how you could proceed with your claim.
For more information on the whiplash reforms, get in touch with our advisors today. Alternatively, you could use our whiplash compensation calculator to find out how much your claim may be worth.
Now, you may be wondering, “I was in a car accident that was not my fault, how can a No Win No Fee solicitor help me?”.
There are many benefits that can come with working with a No Win No Fee solicitor on your personal injury claim. For example, a solicitor is a trained professional and can contact potential witnesses to your accident to take their statements. Similarly, a solicitor can evaluate each head of your claim and collect evidence to support your case.
Our solicitors work with their clients on a No Win No Fee basis. They do this by offering a Conditional Fee Agreement (CFA), a kind of No Win No Fee contract. When you work with a solicitor under a CFA, they won’t ask you to pay an upfront fee to begin working, nor will they take any ongoing fees to cover their continuing work. Likewise, in the event that your claim fails, your solicitor will not take a fee for their services.
However, if your claim is successful, then your solicitor will be due a success fee. They deduct this fee directly from your compensation award and take it as a small percentage, but this percentage is regulated by a legislative cap, which helps ensure that the majority of your compensation is awarded to you.
To find out if one of our No Win No Fee solicitors could help you claim for a car accident that was not your fault, get in touch with our team of advisors today by:
We hope that you have found this guide useful and you now feel prepared in terms of knowing how to prove a car accident was not your fault. However, if you are still looking for some extra information, the links below may be useful.
Here is our helpful guide on car park accident claims.
Visit this guide covering general information on making a claim following a road traffic accident.
This guide will explore the process of claiming compensation following a motorcycle accident.
Visit our guide if you had a car accident with an uninsured or untraceable driver to find out how the Motor Insurers’ Bureau could help.
The NHS page on whiplash, which is one of the most common injuries sustained in road traffic accidents.
Information on the new way of claiming for injuries sustained in road traffic accidents worth under £5,000.
If for whatever reason, you’d rather someone else make your claim on your behalf, this is possible. Find out more.
We also have some other guides on car accident claims that you may find useful:
- A guide to car accident claims
- Check out our frequently asked questions (FAQ) page on car accidents
- A guide to serious injury car accident claims
- Learn what to do if you suffer from tinnitus after a car accident
- What causes neck pain after a car accident?
- Car accidents caused by faulty traffic lights
- Can you claim for a car accident without an injury?
- What to do if you have a car accident
- A guide to child car accident claims
- How to claim if a pre-existing injury got worse after a car crash
- Claiming for nerve damage caused by a car accident
- Ice or snow car accident claims
- What to do if you suffer an injury in a car accident
- Car accidents involving bends on the road – a guide on what to do
- Company car accident claims
- A guide to drink driving car accidents
- Car accidents caused by family members and friends
- How to claim for a brain injury from a car accident
- A guide to foreign vehicle accident claims
- How to claim for an ambulance crash or collisions with police cars or fire engines
- Car accident injury payouts – a guide to compensation awards
- Passenger car accident claims – a detailed guide
- Car accidents caused by mud on the road
- How to prove an injury from a car accident
- I was injured in a car accident without insurance, can I still claim?
- Car accident compensation payout examples
- I was injured in a car accident – what are my rights?
- A car hit me from behind, do I need to pay the excess fee?
- How long does car accident compensation take to come through?
- Who pays for the damage if hit by a stolen car?
- A guide to hit and run pedestrian accidents
- What are the new whiplash claim rules?
- What to do if an insurance company denies liability in a car crash case?
- Car accident claim time limit
- How long do I have to make a car accident claim?
- A guide to careless and dangerous driving
- What is an excess fee under car insurance?
- How to report a car accident
If you have any questions about proving a car accident was not your fault, then please get in touch with Legal Expert using the contact details in this guide.