How To Prove An Injury From A Car Accident?
By Danielle Jordan. Last Updated 2nd November 2023. If you have suffered an injury as a result of a road traffic accident that was not your fault then assuming you claim within the personal injury claims time limit, you should be entitled to compensation.
However, it is not always easy to establish blame or prove your injuries. This helpful guide will give you further information on how to prove an injury after a car accident and find ways of showing that another individual is liable.
Guide on how to prove an injury from car accident
We strongly recommend that you seek legal representation to help you do this as it can be very tricky to prove and a personal injury solicitor will help you to achieve the maximum possible compensation.
If this sounds familiar to you and you think you may be eligible to make a claim then please read on to find out more and then speak to a member of our highly experienced team at Legal Expert. They will be able to advise you further and put you in touch with a solicitor who can help you begin your claim. Call us today on 0800 073 8804.
It’s also possible to see if you have a claim online by filling out the form on our website. Additionally, you can reach our team of advisors using the pop-up live chat window in the bottom corner.
Select A Section
- Can I Make A Car Accident Injury Claim?
- Claiming For An Injury In A Car Accident – Examples Of Evidence
- Car Accident Injuries – How Long You Have To Claim
- The Whiplash Reform Programme
- How Much Can I Claim For Injuries After A Car Accident?
- No Win No Fee Car Accident And Injury Claims
- Useful Links About Seeking Car Accident Compensation
Can I Make A Car Accident Injury Claim?
In order to make a claim for an injury in a car accident, you will need to prove that you were injured because another road user breached their duty of care. All road users owe each other a duty of care and must follow the rules that are set out in the Road Traffic Act 1988 and the Highway Code.
If a road user did not take proper care whilst using the road, this could lead to an accident and injuries. Some examples where you could potentially make a claim include:
- Another driver does not check that a junction is clear before pulling out. This causes them to crash into the side of your car, and you suffer a dislocated shoulder
- A drunk driver is speeding down the wrong side of the road. This causes you to become injured in a car collision with a broken arm and back injury.
- The car behind you has not noticed you have come to a stop at a red light as the driver is texting on their phone. This causes them to crash into the back of your car, and you suffer a neck injury.
Do not hesitate to contact one of our advisors today if you would like to discuss your car accident injury claim.
Claiming For An Injury In A Car Accident – Examples Of Evidence
An important part of claiming for an injury after a car accident is collecting evidence to support your claim. One of the benefits of working with a solicitor on your claim is that they can help you gather evidence relevant to your case.
Some examples of the evidence you could collect include:
- Police reports: If someone was injured from the car accident or if property was damaged, you must report the car accident to the police within 24 hours. Police reports can then be used to help back up your claim.
- Witness statements: When you take the contact details of any witnesses to the accident, they could provide statements at a later date.
- Medical reports: Your medical records, X-rays, scans, and other documents can help show the type of injuries you suffered and what treatment you needed for them.
- Video footage: Any CCTV or dashcam footage of the accident could help with proving how the accident occurred and who may be liable.
To find out if you could be eligible to make a personal injury claim if you were injured after a car accident, you can contact our advisors. After discussing your case with them, they may connect you with one of our solicitors.
Special Damages
Additionally, you could be awarded special damages as part of your settlement. Special damages compensate for any expenses you experienced as a result of your car accident injury.
Examples of the losses you could be compensated for under special damages include the cost of:
- Help at home, such as the cost of a childminder or cleaner.
- Travel costs, including taxi fares to medical appointments.
- Your loss of earnings for time needed off work to recover from your injuries.
- Medical expenses, including medication costs and physical therapy.
In order to recover costs incurred after you were injured after a car accident, you should submit proof of these expenses. For example, receipts, bank statements and invoices can all be used to prove your losses.
For more information regarding the compensation you could be awarded following a successful car accident claim, call our team on the number above.
Car Accident Injuries – How Long You Have To Claim
Your road accident injury claim will be subject to a time limit. As per the Limitation Act 1980, you must start a claim for your car accident injuries within three years of the date of your accident.
A person injured under the age of 18 would not be subject to this time limit. They would have to:
- Wait until they are 18 to start their claim. This is when the time limit will start to apply, and they will have three years from the date of their 18th birthday to start their claim or;
- Be represented by an appointed litigation friend at any point while they are still minors
A claim for a person who lacks the mental capacity to represent themselves will also be granted a similar exception. Their time limit will be suspended indefinitely. If they are ever deemed capable of representing themselves, then they would also face a similar three-year time limit – starting at the day they are deemed to have the capacity to act for themselves. Otherwise, a litigation friend could be appointed to represent them at any point.
You can reach out to one of our advisers for more information about time limits, or information about how to start a claim following a car accident.
The Whiplash Reform Programme
Whiplash claims are extremely common in the field of personal injury claims in a road traffic accident (RTA). Because of this, the government introduced a new way of making a claim for whiplash and other injuries sustained by drivers and passengers.
The online portal is called the Whiplash Reform Programme (WRP). For injuries sustained by passengers and drivers over the age of 18 in an RTA worth under £5,000, this is the new way to make your claim. This is only if your accident took place after 31st May 2021. If it was prior to this, you must make your claim in the traditional way.
Despite the name of the programme, all RTA injuries can be claimed for through the WRP if they are worth under £5,000. This figure only relates to your injuries and doesn’t include any other losses, such as those of a financial nature.
It’s always worthwhile to check with us whether your claim is worth over £5,000. Otherwise, you could be missing out on being awarded the maximum amount of compensation you deserve.
How Much Can I Claim For Injuries After A Car Accident?
An injury after a car accident could mean that you’re eligible to receive compensation. It is important that the incident must have been caused by negligence in order to make a claim. If you have been involved in an auto accident, and injury could either be physical or psychological. In some cases, you could sustain both categories of injury.
The level of suffering you experience can mean that the amount you receive may also vary. Due to this, legal professionals need to make a calculation specific to your circumstances to make sure that the amount you receive is of an appropriate level. The amount regarding your injuries is known as general damages.
To assist them with this, they have resources such as the Judicial College Guidelines (JCG). This publication is updated on a semi-regular basis – it was last done so in 2022. The table below shows figures from the JCG. These should give you a rough idea of how much your general damages payment could be worth.
| Injury | Details | Potential Compensation |
|---|---|---|
| Very Severe Brain Damage | Cases in this bracket involve very little meaningful response to their environment. | £282,010 to £403,990 |
| Severe Back Injury (i) | Injuries found in this bracket involve damage to the nerve roots and spinal cord causes very serious consequences. | £91,090 to £160,980 |
| Severe Neck Injury (i) | Claimants in this bracket have suffered a neck injury causing incomplete paraplegia or permanent spastic quadriparesis. | In the region of £148,330 |
| Severe Leg Injuries – Most Serious | In this bracket, the injuries are very severe, such as gross shortening of the leg, extensive degloving, or claimants that require extensive bone grafts due to fractures that have not united. | £96,250 to £135,920 |
| Severe Arm Injury | Injuries found in this bracket fall short of amputation, but are extremely serious. The injured party is little better off than if the arm had been amputated. | £96,160 to £130,930 |
| Severe Pelvis and Hips Injuries (i) | Cases in this bracket involve substantial residual disabilities from extensive fractures. | £78,400 to £130,930 |
| Very Severe Facial Scarring | Injuries in this bracket have caused very disfiguring facial scars with a severe psychological reaction. The claimant is relatively young. | £29,780 to £97,330 |
| Severe Knee Injury (i) | Cases in this bracket involve a serious knee injury including a disruption of the joint. | £69,730 to £96,210 |
| Whiplash Tariff | Claimants will suffer from symptoms relating to whiplash and an associated psychological injury for 18-24 months | £4,345 |
| Whiplash Tariff | This tariff is for claimants with whiplash symptoms that last between 18-24 months. | £4,215 |
Get in touch if you’d like a more accurate valuation. If we think you may be owed compensation, we could connect you to a car accident injury lawyer to assist you with your claim.
No Win No Fee Car Accident And Injury Claims
If you’re ready to start your claim for an injury after a car accident and have valid grounds to proceed, you might be interested in seeking out a solicitor. Working with a solicitor can be beneficial to your claim as they can use their legal experience to guide you through the claims process.
One benefit of working with one of our solicitors is that they work on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA). This means that you don’t pay them a fee to begin work on your claim. Likewise, you won’t pay a fee for their continued services, and you won’t pay for their work if your claim doesn’t succeed.
If your claim does succeed, your solicitor will deduct a success fee from your compensation. This is taken as a small percentage, but this is limited by a legal cap. The legal cap helps to ensure that the majority share of your compensation goes to you.
If you were injured after a car accident, contact our team of advisors today. They can give you a free consultation, through which they will identify whether you could have a valid claim. If you do, then they could connect you to one of our car accident solicitors. To get started:
- Call us on 0800 073 8804
- Contact us online
- Use the live chat feature
Useful Links About Seeking Car Accident Compensation
Delayed Whiplash Injury Claims
If you suffered whiplash but experienced delayed symptoms, see the guide above to find out whether you’re still eligible claim.
The guide should give you information on what whiplash is and how it is treated.
Road Accidents And Safety Statistics
For more road traffic accident statistics, see the government resource above.
Visit the government guide above about claiming on someone else’s behalf.
Road Accident Caused By An Animal
If you have experienced injuries resulting from a car accident caused by an animal, see the guide above to find out whether you could claim.
The guide above explores how you can claim compensation for injuries sustained in a cycling accident.
In the guide above, you can find out how to make a claim following injuries you sustained in a motorcycle accident.
If you were involved in an accident caused by an untraceable or uninsured driver, see the guide above. It provides information on how the Motor Insurer’s Bureau could help you seek compensation in these situations.
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
- How to prove a car accident was not your fault
- Car accident injury payouts – a guide to compensation awards
- Passenger car accident claims – a detailed guide
- Car accidents caused by mud on the road
- 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 need any more information on how you can prove an injury from a car accident, call our team. They can assess whether you’re eligible to claim compensation for injuries sustained as a result of someone else’s negligence.
