How To Prove a Car Accident Was Not Your Fault?
Establishing Who Is At Fault In A Car Accident
By Daniel Fuller. Last Updated August 20th 2021. You may be shocked to discover that there are roughly three million road traffic accidents every year in the United Kingdom. Therefore, if you have been involved in one, you are certainly not alone. However, this does not mean you should simply sit back and accept what has occurred. If the incident in question 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 not your fault.
Select A Section
- A Guide To Proving Fault In A Car Accident
- What Are Car Accidents?
- What Is Fault In An Accident?
- Important Steps To Take After A Car Accident
- How To Show The Other Driver Was At Fault?
- How To Tell Who Is At Fault In A Car Accident
- How To Demonstrate Who Is At Fault In A Car Accident
- What Can I Claim After Proving Fault In A Car Accident
- Establishing Liability And Fault
- Examples Of Compensation For Car Accidents Where You Were Not Fault
- No Win No Fee Liability In A Car Accident
- Establishing Car Accident Liability And Proving Fault With Our Team
- Start Your Car Accident Claim With Our Team Today
- Helpful Links And Resources
Have you been involved in a car accident? Was the incident your fault? If not, there is a very high chance that you will be entitled to compensation, so long as the car crash happened within the past three years. However, to secure compensation, you are going to need to know how to prove a car accident was not your fault.
This is exactly what we will assist you with in this guide. Not only will we explain how to tell who is at fault in a car accident, but also we will help you to determine specific scenarios, for example, who is at fault in a car accident T-bone or who is at fault in a car accident changing lanes. You will also find information regarding the amount of compensation you could receive for your claim, as well as details on how to go about making a claim. Plus, we will explain the service we provide and our No Win, No Fee approach too. If you still have queries by the time you get to the end of the guide, please do not hesitate to get in touch.
Sadly, road traffic accidents happen every day in the UK, and they can occur in many different ways. Some road traffic accidents happen because of careless driving or driving under the influence. Others occur because of potholes and other issues with the road itself. There are then car accidents caused by pedestrians. No matter what sort of accident has happened, you need to show that someone else is to blame if you are going to be able to claim. Car accident liability can be shared between you and someone else. In such cases, you may receive a payout, but it will be lower to reflect your involvement.
When it comes to making any type of claim, the most important thing is being able to prove that someone else is to blame for the incident that you have been involved in. If you can do this, then you will have already won half the battle. So, when it comes to car accidents, you will need to prove that someone acted negligently or made an error, either through driving too fast or not paying attention, for example.
So, what exactly is fault in a car accident? Firstly, you need to show that another person caused the accident you were involved in. Secondly, you need to prove that the injuries you have sustained were caused by the accident.
Aside from proving fault in a car accident, there are two other crucial factors that must be taken into account when it comes to road traffic accidents. The second is the date of the incident. If you are to make a claim, the incident must have happened within the past three years, as this is the personal injury claims time limit on all cases. Finally, you must have seen a doctor for your injuries. This is something a lot of people do not do when they have only sustained the likes of minor whiplash. However, if you do not see a medical professional, there will be no proof of your injuries, and so you will find it impossible to make a claim.
To give yourself the best chance of creating a strong case, 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 still need to see a medical professional if you are to make a claim.
- 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 car accident left turn cases or any other types of accidents because it means that there is an official record of what happened.
- 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.
Let’s take a look at how to prove the other driver is at fault. There are a number of different ways you can show the other driver was to blame. It is all about gathering evidence. This is why it is wise to write down everything that happened at the earliest opportunity so that you do not forget anything important at a later date. Photographs of the scene can also help to prove what has occurred, as can witness statements. This is why it is a good idea to get the contact information of anyone that saw the accident unfold.
Who is at fault in a car accident in an intersection or roundabout? What about other car accidents? If you are struggling to tell who is at fault for the car accident, there are a number of different things you can look at. This includes the car accident fault determination rules UK written following:
- Did a driver mistake happen? This is what is deemed “negligence” in the law.
- Consider the Highway Code. This describes road safety rules in the UK. It will help you to further establish fault.
- You can also use your common sense to determine whether something could have been done differently.
- Once you have fulfilled the three steps above, you must show that the injury you have suffered was because of the accident.
Let’s take a look at the four steps in the further section alongside information on demonstrating fault. So…
- If another driver has hit you from behind, it should be fairly straightforward to show a mistake.
- You can refer to the Highway Code and showcase this alongside the driver’s actions to show who was at fault.
- Common sense can also help. After all, if the car behind you was not keeping a safe distance, this shows a mistake.
- In terms of showing that your injury was caused due to the accident, this is where your medical report from your GP will come into play.
When making a claim for compensation, you will be able to claim for your injuries and any costs suffered due to the accident. Some examples include the following:
- Physical injuries
- Psychological injuries
- Medical treatment
- Loss of earnings
- Hospital visit expenses
- Vehicle repair costs
- Childcare expenses
- Damage to personal items of clothing
The Defendant could admit primary liability for the car accident. If so, it doesn’t always end here. This is because the Defendant could claim that you were contributory negligent. What they are stating here is that they caused the accident, but you could have done something different to stop the accident from playing out how it did. This is common when it comes to liability in road traffic accidents for country roads and roundabouts. The early gathering of evidence can help here.
Now that you know how to prove you are not at fault in a car accident, we know that you will probably want to know how much compensation you will receive. It is important to note that all cases are handled individually, meaning your case will be assessed and awarded an amount based on the circumstances. Because of this, it is not possible to provide an accurate figure of the payout you will receive. Even if you have used a personal injury claims calculator, please note that these tools only provide very rough estimates.
The best thing to do is refer to the table below, as you can see some example figures taken from the Judicial College Guidelines (JCG). These are the guidelines used by those in the legal profession to come up with a suitable fee to cover each individual’s injuries.
|Neck||(a) Severe - (iii) fractures and dislocations, including soft tissue damage with lasting symptoms||£42,680 to £52,540|
|Neck||(b) Moderate - (i) these injuries may cause the immediate onset of symptoms and could require spinal fusion||£23,460 to £36,120|
|Neck||(c) Minor - (iii) complete recovery in 3 months||Up to £2,300|
|Back||(a) Severe - (i) the most extreme cases - damage to nerve roots and the spinal cord||£85,470 to £151,070|
|Back||(b) Moderate - common injuries that lead to backache caused by soft tissue damage||£11,730 to £26,050|
|Back||(c) Minor - complete recovery in 3 months or less||Up to £2,300|
|Head/brain||(d) Less severe - a good recovery will have taken place but issues like poor concentration may persist||£14,380 to £40,410|
|Head/brain||(e) Minor - if any brain damage has occurred, it will have been minimal||£2,070 to £11,980|
|Leg||(c) Less serious - (iii) simple tibia/fibula fractures or injuries to the soft tissue||Up to £11,110|
If you cannot find the injury you have sustained in the table above, or you are still wondering how to tell who is at fault in a car accident, please give our team a call for more information.
The Whiplash Reform Programme
If as a driver or a passenger, you sustained an injury after May 31st 2021, there is a new way you can make a claim. If your claim is worth £5,000 or less, you can now make a claim for compensation through an online government portal called the Whiplash Reform Programme (WRP).
Despite the name, it’s not only whiplash claims that can be processed this way. All driver and passenger injuries sustained in a road traffic accident worth less than £5,000 are eligible.
For more information on the WRP, get in touch with our advisors today.
The most important thing is to look for a solicitor that is happy to work to a No Win No Fee agreement. At Legal Expert, our service is 100 per cent No Win No Fee. This means that you are only going to have a legal bill from us if we manage to successfully secure compensation for you. What are the benefits of this?
- Financial risk lowered – There is only one place to begin, and this is with the fact that monetary risk will be diminished dramatically. If you were to go for the services of a different solicitor, there is always the chance that you could end up paying extortionate sums of money in terms of legal fees even if they do not win your case for you. This risk is too many for a lot of people but it is something you don’t need to fret about if you opt for a No Win, No Fee solicitor.
- No huge upfront payment – Another advantage of going down this route is that you will not need to make an enormous upfront payment to begin the claim process, as is the case if you were to opt for a solicitor that charges per hour.
- High-quality service – You are likelier to reap the rewards of a high-quality service if you opt for a No Win, No Fee solicitor, and this is because they are going to be incentivised to do everything they can to win your case, as pay is performance-related.
There are many personal claims firms in the UK, but you will struggle to find better than Legal Expert, and here’s why:
- We are one of the most experienced law firms in the UK – When it comes to personal injury law, you will struggle to find another firm that boasts as much experience as we do. We have been helping thousands of personal injury victims for many years, and we have done so successfully. This is why we have gained a reputation as one of the best law firms in the whole of the country.
- All of our solicitors work to a No Win, No Fee payment agreement – This is something that provides you with many benefits. On the surface, this means that you won’t have to pay legal fees if we do not manage to secure compensation for you. However, the advantages extend a lot further than this, as the payment structure ensures financial protection, is more affordable and ensures that you benefit from a top-quality service, as pay is performance-related. Not only this, but we will always match you with a specialist personal injury solicitor that has up to 30 years of experience.
- We won’t cause any added stress or hassle – We recognise that you are probably feeling stressed and upset already, and we certainly don’t want to add to this. Instead, we want to take the weight off your shoulders. This is why we make an effort to ensure that all personal injury cases are handled over the phone when possible. It is highly unlikely that you will have to go through the hassle and stress of going to court.
If you have been hurt in a car accident anywhere in the United Kingdom, the next step is to get in touch with Legal Expert to start a car accident claim. We are one of the top law firms in the country, and, therefore, you can be sure that you are in the best hands when you choose our service. Having been established many years ago, we have a wealth of experience, and you only need to read the reviews about our service to see our exceptional reputation.
If that was not enough, you are offered a significant degree of financial protection when you select our service, and this is because all of our solicitors work on a No Win, No Fee basis. So, what are you waiting for? Give us a call today on 0800 073 8804. Please note that all of the legal advice we provide is given free of charge and with no obligation to continue with our service. We will happily answer all of your questions, no matter whether you want to know who is at fault in a car accident T-bone case or if you want to know more about determining fault in car accident left turn cases.
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.
This is our comprehensive guide on passenger car accident claims.
Here is our helpful guide on car park accident claims.
Find out more about this kind of claim in general.
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.