Last Updated 5th August 2025. In this guide, we’ll explain death due to dangerous driving compensation. The death of a loved one can be a painful and traumatic experience. With so much to think about, the very thought of compensation claims might never have crossed the minds of the friends, family, or loved ones of the deceased. But a claim might be necessary. This fatal car accident claims guide will explore the issue in great detail.
In some instances, fatal car accident victims are not at fault for the road accidents that claim their lives. If someone is killed in a car accident and another party is to blame, then someone close to the deceased victim may potentially be able to claim compensation on their behalf.
This fatal car accident claim guide examines the issue in great detail and will try to answer all the questions you may have thought about. If you have any questions, you can contact our legal advisors on the phone by calling 0800 073 8804. Alternatively, you can reach us online using our contact form or our 24/7 live chat service.
You can also watch our video below, which explains the key takeaways from our guide:
How Is Compensation Calculated In A Fatal Car Accident Claim?
As previously discussed, the estate can claim for the physical pain and mental suffering caused by the fatal accident. This is known as general damages. Additionally, a settlement may also include compensation for the deceased’s financial losses incurred between the date of the fatal accident and their death. For example, their lost wages, care costs and the money spent on their medication. This is known as special damages.
To help calculate general damages for a fatal car accident claim, those tasked with doing so may refer to the suggested compensation brackets published by the Judicial College Guidelines. Otherwise called the ‘JCG,’ it is useful to solicitors because it pairs those brackets with a wide range of injuries.
Compensation Table
In our list below, we look at a number of JCG brackets. It should be noted that the figure in the top row is not from the document. Since these brackets are also only suggestive, please keep in mind that the table does not guarantee compensation.
- Fatality Plus Financial Loss (Such As Loss of Income) – Up to £550,000 and over
- Tetraplegia/Quadriplegia – £396,140 to £493,000
- Paraplegia £267,340 to £346,890
- Very Severe Brain Damage – £344,150 to £493,000
- Full Awareness – £15,300 to £29,060
- Followed by Unconsciousness – £12,830 to £13,020
Can I Claim For Funeral Expenses?
As we discussed earlier in this guide, dependants can be awarded compensation for different costs. These can include funeral expenses, as well as:
- Funeral expenses.
- Loss of services. This can cover past losses (from the time of the deceased’s passing) and future losses. For example, if they provided childcare and you now need to employ a childminder.
- Dependency. This is the loss of the deceased’s income, including future earnings.
- Loss of consortium, or loss of a special person. This covers the impact that cannot be financially quantified elsewhere, such as the loss of companionship.
Can I Get A Statutory Bereavement Award?
When making a fatal accident claim, you may also be entitled to receive a statutory bereavement award. However, not everyone is eligible to receive bereavement compensation. It’s important to check if you meet the criteria before you begin your claim for fatal car accident compensation.
Those who can claim the award under the Fatal Accidents Act 1976 include:
- Spouse or civil partner
- Parents whose child was under 18
- An unmarried partner who was together with the deceased for at least 2 years prior to death
If you would like to check your eligibility to make a fatal car accident claim, speak to our advisors at any time. They’ll be able to verify whether you are eligible for bereavement compensation at no extra cost to you.
What Is A Fatal Car Accident?
A fatal car accident is a type of road traffic accident where a vehicle collision results in one or more fatalities. In order to claim for a fatal car crash, you must meet the following criteria:
- You were owed a duty of care. Every road user has this duty, which involves travelling in ways that avoid causing harm to others or themselves. They must also abide by the Road Traffic Act 1988 and The Highway Code.
- This duty of care was breached. For example, the defendant was driving over the speed limit when the car crash fatality occurred.
- You were injured as a result.
If you’re looking to claim for a car crash fatality, we recommend you seek legal advice. Our advisors can provide you with a free eligibility check and compensation estimate. Our advisors may be able to put you in touch with our specialist car accident solicitors if you have a valid claim. Get in touch using the contact details found in this guide.
What Could Cause A Fatal Car Accident?
There are several ways a fatal car accident could occur that may be linked to negligent behaviour by at least one party involved in the incident. Examples of potential causes that could potentially lead to a fatal car accident claim include:
- A negligent driver may have been distracted (because they were texting or for another reason) and therefore was driving without due care or attention
- The driver who caused the fatal car accident was speeding
- The guilty party was drink driving or driving under the influence of other drugs.
- Fatal car accidents can also happen due to road conditions at the time. Factors such as the time of the day or whether it was raining or snowing on the road at the time may be taken into account when determining if anyone was liable for a fatal car accident. If the road on which the accident occurred has been poorly maintained, then issues such as potholes could contribute to the incident. This could lead to a claim against the organisation (such as the local council) responsible for maintaining the road.
You can contact our advisors if you’re seeking advice on establishing negligence and whether you can start a claim if a loved one has died in a car accident.
Can I Make A Fatal Accident Claim On Behalf Of A Family Member?
When claiming compensation for the death of a family member, it is important to remember that only certain qualifying parties can make a claim. In the first 6 months of their passing, only the deceased’s estate can make a claim. This is per the Law Reform (Miscellaneous Provisions) Act 1934, and the claim would be for your loved one’s pain and suffering.
The estate can also make a claim on behalf of the deceased’s relatives. However, if the estate does not do so during the 6-month window, then certain dependants can make a claim for how the death has impacted them. The following people qualify as dependants under the Fatal Accidents Act 1976:
- A civil partner, wife or husband (current or former).
- Someone who lived with the deceased for two years before their death and who lived together during this time as spouses.
- A parent or someone who was treated as the parent of the deceased.
- A child or someone treated as a child of the deceased, such as a stepchild.
- A sister, brother, aunt or uncle of the deceased.
Certain relatives can also make a claim for a bereavement award. This is a lump sum and is split if more than one person claims. It can be awarded to:
- A wife, husband or civil partner.
- Someone who lived with the deceased for two years prior to their death as a husband or wife.
- The parents of the deceased, if they were an unmarried minor.
Direct any questions about claiming fatal accident compensation for death in a car accident to an advisor from our team. Our team is available 24/7 and could offer you free legal advice regarding your specific claim.
How Long Do I Have To Start A Fatal Car Accident Claim?
Understandably, you may be suffering at the moment following the loss of your loved one, particularly due to the sudden nature of their passing. However, if you want to start a fatal car accident claim, you only have a specific time frame to do so. In fatal car accident claims, this time limit usually begins from either:
- The date your loved one passed away.
- Or the date of their inquest or postmortem.
At Legal Expert, we recognise that 3 years may not seem like a lot of time and that you may still be struggling to come to terms with their death. However, starting a fatal accident claim for their passing may put you on the right track to get some closure.
Further, we have a very supportive and understanding team of advisors who can take the time to go through the details of the claim, giving you breaks anytime you need them. We also have an experienced team of solicitors who have helped many people in a similar position to you claim compensation.
If you have any questions regarding the time limit, please get in touch with our advisors today. They can also explain how you will be supported throughout the claim and discuss potential fatal accident compensation amounts in the UK.
What Evidence Can Support A Fatal Accident Claim?
Certain key pieces of evidence could help support a fatal accident claim, including medical records and CCTV footage. We have included a few examples below, but please keep in mind that this is not a comprehensive list:
- Medical evidence – Coroner’s reports can be presented during the process of your claim. Documents such as these will contain important information such as the cause of death and how long after the injuries it took for the deceased to pass away. This can also assist those responsible for calculating a fatal accident claim. For example, it can help them calculate how much compensation is owed to the person after dying on impact in a car accident.
- Visual evidence – Footage from sources such as CCTV cameras and dashcams can be obtained. These can be helpful forms of evidence when establishing who was responsible for the fatal accident.
- Witness contact details – For example, there may have been people who saw the accident. If you gather their contact information, a solicitor can contact them at a later date to see if they are willing to submit a witness statement.
Get in touch if you have any questions. It can be difficult to know what happens when someone dies in a car accident, from a legal standpoint. However, we are here to inform you about making a claim.
Why Choose Legal Expert For Your Fatal Car Accident Claim?
If you choose Legal Expert to help with your fatal car accident claim, our team will be there every step of the way. We understand just how difficult and distressing losing someone to a car crash can be. When you reach out to us, you’ll get free, sensitive guidance from one of our advisors. They’ll carefully assess your situation in confidence and, if eligible, put you in touch with one of our experienced solicitors.
From the moment you are connected with them, your legal representative will help you navigate the ins and outs of seeking compensation for a death in a car accident. Here are just some of the services we can provide to support you:
- Arranging an independent assessment for all qualifying dependants.
- Ensuring those relatives get any counselling, therapy, or other services they may require.
- Helping assemble and obtain evidence, including the medical records of the deceased.
- Using that evidence to build a compelling case for compensation.
- Explaining all the technical language you might encounter during the claims process and making sure you understand all the developments in the case.
- Negotiating a final settlement and attending any arbitration or mediation sessions that are arranged.
As you can see, there’s a lot we can do for you if you are eligible to make a claim. To get a free eligibility check, ask any questions you might have, or to get a better idea of what can determine a successful payout for a death in a car accident, please talk to our advisors today.
Make A No Win No Fee Fatal Car Accident Claim
Making a claim for compensation for death in a car accident can be difficult in many ways. As well as the grief and the upheaval in your life, we have found that one of the major hindrances for people is the worry that there might be lots of solicitor fees to pay. This concern can be particularly trying on bereaved families.
This is why we offer a Conditional Fee Agreement (CFA), a type of No Win No Fee arrangement. It ensures that you can benefit from the services provided by our No Win No Fee solicitors, such as those highlighted in the previous section, knowing that there will be:
- Zero solicitor fees at the start of your claim.
- Zero solicitor fees as your case moves forward.
- Zero solicitor fees if the claim is lost.
If a claim wins, then our solicitors take a payment for their work, referred to as a success fee. It is deducted from a client’s compensation, and the percentage that might be taken is legally limited. That means that you will be able to work with the best legal team available without the added strain of mounting solicitor fees.
Start A Claim Or Get Legal Advice
Making a claim for compensation does not need to be difficult. Even in the most arduous moments, following the death of a loved one, you can turn to our team for expert, informed assistance. We can answer questions such as “Does car insurance pay for death?” and “How much compensation am I owed?”
You can either call us now on 0800 073 8804 or you can contact us online by completing a callback form or using our 24/7 webchat. Whichever method suits you best, we’ll arrange a consultancy session for you. Get in touch now and find out whether you can make a claim today.
Learn More About Personal Injury Claims
If you’d like to learn more about personal injury claims, you may find these links below useful:
- Find out how compensation might be calculated in car accident claims
- Get information on motorcycle accident claims
- See who might be liable in a multi-car pile-up
If you still have any questions about making a fatal car accident claim, please feel free to contact Legal Expert using the details highlighted above.
