How To Prove a Car Accident Was Not Your Fault
By Mary Scott. Last Updated 26th April 2022. 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
- 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
- How Much Compensation For A Car Accident That’s Not My 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
- Car Accident Was Not Your Fault FAQs
Have you been involved in a car accident, that was not your fault? If so, 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. However, there are exceptions that may apply.
Finally, you should see 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, the advantages of seeking medical attention can ensure you receive the correct treatment for your injuries. Also, the medical records detailing your treatment could be used as medical evidence when you claim.
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.
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 any witnesses that saw the accident unfold.
If the other driver is not admitting fault, call our team on the number above. They can advise on what to do.
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? All road users have a duty of care to other road users. If they fail to uphold their duty of care and cause you to sustain harm in an accident, this is what is deemed “negligence”.
- Consider the Highway Code. This describes road safety rules and guidance 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 that a car accident was not your 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 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.
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 contributory negligence. What they are stating here is that they caused the accident, but you may have contributed to the severity of your injuries. For example, you may have failed to wear a seatbelt causing you to sustain more severe injuries than you would have had you worn your seatbelt.
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 a car accident was not your fault, 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.
However, in the table below, you can see some example figures taken from the Judicial College Guidelines (JCG). These are the guidelines that are often used to help value claims are valued alongside medical evidence.
|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.
Alternatively, you could use our personal injury claims calculator. Please note that these tools only provide rough estimates.
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.
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 pay a success fee to cover the work your solicitor has done on your claim if your case is successful. 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 solicitor fees in unsuccessful claims
- No huge upfront payment – Another advantage of going down this route is that you will not need to make an 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.
For more information on how a solicitor could help you prove a car accident was not your fault, call our team.
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.
Accident In A Car Park- Who’s At Fault In The UK?
Who’s at fault when there is an accident in the car park in the UK? There is no definite answer to this question as it depends on the circumstances at the time of the accident. It is the duty of every road user to keep other road users safe. This expectation extends to using roads within a car park.
However, if you plan to make a claim, you need to prove that the other person in the accident breached their duty of care. You need to show there was an error of judgement on their part. The Highway code which is a group of rules to guide road users is a very helpful tool to determine who’s at fault in the UK. For example, using the highway code, could help you determine who’s at fault in a road traffic accident, such as a ‘t bone’ car accident, alongside other evidence that you provide in support of your claim.
For a claim to be valid you also need to prove that their negligence caused you an injury. It is important to get medical attention for any injuries you have sustained. A medical assessment arranged by your solicitors can help to show that your injuries were caused by the accident.
Car park accidents may happen if any of the rules are not applied. For example, you should drive at the specified speed limit to avoid colliding with other cars and pedestrians. Another example is you should check all around your car if you are reversing in a car park.
You may need to check our guide on foreign vehicle accident claims if the other car involved is not registered in the UK. You can also get more tips from our guide on the different types of public place accidents
Start Your Car Accident Claim With Our Team Today
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. Or fill out our contact form and an advisor will get back to you.
An advisor can provide further information on making a road traffic accident claim and clarification on questions such as: ‘how much compensation can I claim for a car accident that’s not my fault?’.
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.
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.
In this final section of our guide on claiming for a car accident that was not your fault, we’ve answered some frequently asked questions related to this subject:
What Happens If A Car Accident Is My Fault?
If it’s determined that you were to blame for a car accident, then your insurance provider will cover the cost of vehicle repairs. You’ll also need to pay the excess on your policy and you’ll lose a portion of any no-claims bonus you’ve built up. Your insurance premiums may also increase going forward.
How Do The Police Determine Fault In An Accident?
If the circumstances of a car accident warrant the police to investigate it, then a crash investigation team will work to gather evidence to determine whether one or multiple parties committed a crime and should be prosecuted. There are many different types of evidence which the Police may gather to establish how a car accident occurred and who is liable. Examples may include photographs and other analysis of the accident scene, CCTV footage and witness statements.
Does Non-Fault Accident Affect Insurance?
In most cases, declaring a non-fault claim leads to an increase in your insurance premium. Your no claims discount may be affected too, but this will depend on the wording of your insurance policy.
Further Related Guides
- Washington Car Accident Claims Solicitors
- Welwyn Garden City Car Accident Claims Solicitors
- Widnes Car Accident Claims Solicitors
- Winchester Car Accident Claims Solicitors
- Wolverhampton Car Accident Claims Solicitors Guide
- Worcester Car Accident Claims Solicitors
- Wrexham Car Accident Claims Solicitors
- York Car Accident Claims Solicitors
- How To Claim Compensation Against Czech Lorry / HGV Driver?
- How To Claim Compensation Against French Lorry / HGV Driver?
- What To Do If You Suffer an Injury In 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.