My Car Accident Was Caught On A Dashcam, Can I Claim?
By Stephen Hudson. Last Updated 25th August 2023. You may be eligible to make a personal injury claim if you have been injured in a non-fault road traffic accident caught on a dashcam. However, you will need to prove that your injury was caused by another user of the road breaching their duty of care.
This guide will cover the duty of care all road users owe each other. Furthermore, we will share examples of the evidence you could gather for your claim. Additionally, we will also discuss how your dashcam footage could support your claim.
Accident Caught On Dashcam Claims Guide
We will also discuss the services our car accident solicitors could offer you and the advantages of working with one of them on a No Win No Fee basis.
You can contact our advisors to discuss your claim today. They can offer you free advice 24 hours a day and answer any questions you have about making a personal injury claim.
You can contact them by:
- Calling on 0800 073 8804
- Chatting to an advisor using the live chat pop-up.
- Filling out our claim online form.
Choose A Topic
- Can I Claim Compensation For A Car Accident Caught On A Dashcam?
- How Long Do I Have To Make A Car Accident Injury Claim?
- Evidence Which Could Support Your Car Accident Claim
- What Are The Benefits Of An Accident Being Caught On A Dashcam?
- Estimating Car Accident Claim Payouts
- No Win No Fee Solicitors For Car Accident Compensation Claims
- Learn More About Car Accident Claims
Can I Claim Compensation For A Car Accident Caught On A Dashcam?
Having your car accident caught on a dashcam can provide reliable evidence when it comes to deciding who was at fault for the road traffic accident. This is especially true when liability is denied by all parties involved. In order for damage or personal injury claims to be settled, liability will need to be proven. It may be that liability is shared between parties, and a split liability claim is made.
If the car accident caught on dashcam footage supports your case for personal injury compensation, it will be considered vital evidence. However, you must meet the following criteria.
- Firstly, you must prove that the other road user owed you a duty of care.
- The other road user must have breached this duty of care.
- Lastly, this breach of duty must have caused you to be injured. A breach of duty of care that results in an injury is known as negligence.
Every road user owes other road users a duty of care. Per this duty, they must use the roads safely and responsibly to prevent harm and damage caused to themselves or others.
Additionally, all road users can uphold their duty of care by observing the rules set out for them in the Highway Code and the Road Traffic Act 1988.
You could be eligible for compensation if you can prove that your injury was caused by another road user breaching their duty of care.
The Whiplash Reform Programme
It is important to note that the process of making low-valued road traffic accident claims in England and Wales has changed. This is due to the introduction of the Whiplash Reform Programme.
Per the reforms, if you were a passenger or driver of a vehicle involved in a road traffic accident, are over eighteen, and have an injury valued at £5,000 or less, the way you make your claim has changed. This includes whiplash injuries.
Your whiplash injuries will also be valued in line with the tariff outlined in The Whiplash Injury Regulations 2021. As this tariff only applies to whiplash injuries, if you have suffered other injuries that are not outlined in the tariff, these will be valued in the traditional way.
Contact one of our advisors today to learn more about claiming for a whiplash injury following a road traffic accident that was caught on a dashcam.
How Long Do I Have To Make A Car Accident Injury Claim?
The Limitation Act 1980 establishes that there is a three-year time limit for starting a personal injury claim. This usually applies from the date of the accident that injured you.
Under some circumstances, the time limit can work differently. For example, if a child is hurt in a car accident, then the time limit is paused until their 18th birthday. Before that day arrives, a car accident compensation claim could be made on the child’s behalf by a court-appointed litigation friend. If, however, a claim is not made before the day the injured party turns 18, they will have three years to start their own claim from that date.
If the injured party lacks sufficient mental capacity to make a car accident claim, the three-year time limit is put on hold indefinitely. A litigation friend could instead make a claim on the injured party’s behalf. However, if they later regain sufficient mental capacity to make a car accident claim, and one hasn’t already been made for them, then the time limit will begin from the date of recovery.
Get in touch with our advisors online or on the phone today for free if you would like to ask questions about the time limit or other aspects of making a car accident claim.
Evidence Which Could Support Your Car Accident Claim
To support your chances of a successful personal injury claim after a road accident, you could present evidence that your injuries were caused by negligence.
Some examples of the evidence you could gather include:
- CCTV footage or any other footage of the accident occurring.
- A police report reference number (if applicable).
- A copy of your medical records. This could be used to prove the type of injury you suffered.
- The contact details of any eyewitnesses.
Contact one of our advisors to see whether you could make a personal injury claim when your vehicle accident that was caught on a dashcam shows another road user to be at fault. They could also connect you with one of our solicitors who could assist you in gathering evidence.
What Are The Benefits Of An Accident Being Caught On A Dashcam?
If you have been involved in a road traffic accident and it was caught on your dashcam, the footage could show how the accident occurred, who was involved, and who may have been responsible.
Some examples of how your dashcam footage could be used as evidence include:
- It could help you identify a road user who carried out a hit-and-run
- It could help prove liability when all drivers are denying fault
- In split-liability claims, this footage can help prove how much responsibility you hold for the accident.
Contact one of our friendly advisors today if you have any further questions about how dashcam footage could be used as evidence in road traffic accident claims.
Estimating Car Accident Claim Payouts
Following a successful personal injury claim after your car accident caught on a dashcam proved another road user was at fault, your compensation settlement could include general damages and special damages.
General damages compensate you for any pain and suffering you have experienced due to your injury.
Many solicitors and other legal professionals will use the Judicial College Guidelines (JCG). This is a document that has listed physical and mental injuries alongside their severities, accompanied by compensation bracket guidelines.
However, it is important to note that the factors of your claim could affect the amount you receive. Therefore, this table is for guidance only.
The last two entries of this table have been taken from the tariff of injuries from the Whiplash Injury Regulations 2021.
Compensation Guidelines.
| Harm | Seriousness | Comments | Bracket Amounts |
|---|---|---|---|
| Amputation of arms | Loss of both arms | The injured person will be reduced to a state of considerable helplessness. | £240,790 to £300,000 |
| Foot injuries | Amputation of one foot | The ankle joint is lost with the amputation. | £83,960 to £109,650 |
| Neck injuries | Severe (iii) | Injuries such as severe, fractures or dislocations that lead to a significant disability with chronic conditions. | £45,470 to £55,990 |
| Pelvis and Hip injuries | Moderate (i) | A serious hip/pelvis injury that doesn’t result in a major disability and the future risk will not be great. | £26,590 to £39,170 |
| Injuries to the elbow | Less severe injuries | These injuries will cause impairment of function but not involving major surgery. | £15,650 to £32,010 |
| Leg injuries | Less Serious (iii) | Ongoing minor symptoms, such as dull aching, caused by a simple fracture of the tibia or fibula. | Up to £11,840 |
| Wrist injuries | (e) | Uncomplicated Colles’ fracture. | In the region of £7,430 |
| Skeletal injuries | Fractures of the nose or nasal complex (ii) | A displaced fracture where recovery is complete after surgery. | £3,950 to £5,100 |
| Whiplash injuries and minor psychological distress | Table B Amount – Regulation 2(1)(b) | Injury lasts for more than 15 months, but not more than 18 months. | £3,100 |
| Whiplash injuries and minor psychological distress | Table B Amount – Regulation 2(1)(b) | Injury lasts for more than 18 months, but not more than 24 months. | £4,345 |
Examples Of Special Damages For Car Accident Claims
Additionally, you could receive special damages as part of your compensation settlement. Special damages compensate you for any financial losses you have experienced because of your injury.
Some examples of the losses special damages could compensate you for include:
- Medical expenses.
- Travel costs to and from medical appointments.
- A loss of earnings, past and future.
However, you must provide evidence of these losses to claim them back successfully. Your bank statements, invoices and receipts could all be used as evidence in your claim.
Contact one of our advisors to see if you could make a claim following a car accident that was caught on a dashcam.
No Win No Fee Solicitors For Car Accident Compensation Claims
If you have valid grounds to make a car accident injury claim, then you could seek help from a solicitor. We recommend getting support from a solicitor who has previous experience with handling road traffic accident claims. If you contact our advisors, and they determine you have a strong case, they may connect you with one of our No Win No Fee solicitors.
One of our No Win No Fee solicitors may offer to support your claim under a Conditional Fee Agreement (CFA). If a solicitor supports you under this type of agreement, you won’t need to pay any upfront or ongoing fees for their services. Also, if your claim is unsuccessful, there’s no need to pay your solicitor for the work they have provided.
If your claim succeeds, then you’ll pay your solicitor a success fee. This is typically a small and legally capped percentage deducted from the compensation awarded to you.
To learn more about claiming for a car accident with a No Win No Fee solicitor, you can contact our advisors. They can provide free advice about your potential case.
You can contact them by:
- Calling on 0800 073 8804
- Chatting to an advisor with our live chat pop-up.
- Filling out our claim online form.
Car Accident Claims Resources
Additional articles about road traffic accident claims:
- £10,000 Compensation For A Passenger In A Car Accident
- How To Claim For A Brain Injury From A Car Accident
- Drink Driving Car Accident Claims
- Find out what the minimum payout is for whiplash claims with our guide.
Or if you are looking for further information:
- Advice for road users – Think!
- Road accidents and safety statistics – UK Gov.
- How do I know if I’ve broken a bone? – NHS
Additionally, you can contact one of our advisors for free advice about making a claim if your accident was caught on a dashcam.
