Can I make a car accident injury claim?
You may well be able to make a claim if you’re injured in a car accident that wasn’t your fault. Claiming compensation for injuries can also help you to recover the money you lost because of the accident.
We can help you to make a “no win no fee” claim, which means that you will not have to pay any legal fees if your claim is unsuccessful.
To make a no win no fee injury claim you must meet some requirements:
- Firstly, the accident must be mostly someone else’s fault or partly your fault. You can’t claim if you caused a car crash all by yourself.
- Secondly, your injuries need to be severe enough to warrant a claim.
- Thirdly, there is a time limit for making an injury claim. In most cases, you have three years from the date of the accident to file a claim.
The cause of the accident doesn’t need to be another person or vehicle. It could be a faulty traffic light, a pothole or an icy road that should have been gritted.
Our team can let you know if you have a valid claim, just give us a call on 01225 430285 to find out.
If you’re partly responsible for the car accident it’s still possible to claim compensation. In such cases of split liability you are awarded a reduced amount in line with how much you were at fault. For example, if you were 30% to blame you would receive 30% less compensation than if you were not at fault.
The other party often denies fault for the car crash and blame for your injuries at first. If this happens, we will work together to gather evidence to prove the opposite.
In most cases you can’t claim injury compensation if your actions caused the injury. However, you may be able to claim if your actions were unavoidable. For example, if you crashed because of a hazardous road surface that should have been made safe, you can potentially make a claim against Highways England or the local council.
In the case of hit and run accidents, and uninsured or untraceable drivers, you can still make a claim through the Motor Insurance Bureau (MIB).
If the car accident resulted in injury to your child, you can make a claim on their behalf. Children who were under 18 when the accident occurred have until they reach the age of 21 to file a claim. This allows them to bypass the usual 3-year time limit.
Car injury compensation amounts
Car accident injury claim payouts depend on what kind of injury you sustained, how severe it is and how it affects your life. You can also claim for special damages, which would include your financial losses.
Your solicitor will inform you of the expected compensation amount once they have collected all the facts and evidence. They’ll also explain the expenses you can claim for on top of any injury, potentially upfront before the claim is settled:
- Lost earnings if you have been unable to work
- Future loss of income if you can’t return to work
- Psychological after effects
- Changes to your car or home
- Private medical treatment
- Ongoing care costs
- Miscellaneous expenses (bus fares, painkillers etc)
- Car hire and repairs
Injury compensation values
The UK classifies injury severity from slight to very serious, and the Judicial College sets injury compensation values to reflect this.
Very serious injuries include a broken neck or back, severe head injuries with loss of consciousness, severe chest injuries resulting in difficulty breathing, internal injuries, and multiple severe injuries with loss of consciousness.
Moderately serious injuries include the loss of an arm or leg, a fractured pelvis or upper leg, other chest injuries, deep wounds, multiple severe injuries with no loss of consciousness.
Less serious injuries include fractures to the leg, knee, ankle or foot, fractures to the collarbone, arm, hand or fingers, deep cuts and certain head injuries.
Slight injuries include whiplash or neck pain, minor cuts and bruises, sprains and strains, and shock.
As a guide, here’s some common car accident injury claim values:
| Type of injury | Compensation amount |
|---|---|
| Whiplash | £240 – £4,345 |
| Minor brain or head injury | £2,070 – £11,980 |
| Fractured Cheekbone | £2,180 – £9,570 |
| Wrist injury | £3,310 – £44,690 |
| Hip or pelvis injury | £3,710 – £24,950 |
| Fractured forearm | £6,190 – £18,020 |
| Permanent back injury | £11,730 – £26,050 |
| Serious shoulder injury | £11,980 – £18,020 |
| Ankle injury | £12,900 – £46,980 |
It’s common to receive an early compensation offer from an insurance company. Most tend to be fairly low in value in the hope you will accept it.
It’s in your best interest not to accept anything too quickly, especially without an expert medical report. This is because the full extent of your injuries and ongoing care haven’t been taken into account.
It may be tempting, but your solicitor could well advise that further negotiations will increase the final amount.
Making a claim through No Win No Fee
“No win no fee” agreements, also known as Conditional Fee Agreements (CFAs), offer a financial safety net for those seeking compensation after being injured in a car accident. This arrangement means that you can pursue a claim without the worry of upfront legal fees. Here are the key aspects of no win no fee claims:
- Risk-Free Legal Representation: Under a no win no fee agreement, you will not be required to pay your solicitor’s fees if your claim is unsuccessful. This removes the financial risk associated with pursuing compensation.
- Success Fee: If your claim is successful, your solicitor will receive a success fee as a percentage of the compensation awarded. This percentage is agreed upon in advance and is capped by law to ensure you keep the majority of your compensation.
- Insurance: To protect against potential costs, such as the defendant’s legal fees in the event of an unsuccessful claim, your solicitor may advise taking out an After The Event (ATE) insurance policy. This insurance covers these costs, so you’re not left out of pocket.
- Transparency: Solicitors offering no win no fee agreements are required to explain the terms and conditions clearly before you agree to proceed. This ensures you are fully informed about any potential costs or fees involved.
- Access to Justice: No win no fee agreements make legal representation accessible to those who might not otherwise afford it. This means that as an injured passenger, you can seek the compensation you deserve without financial barriers.
- Incentive for Solicitors: Since solicitors only get paid if they win, there’s a strong incentive for them to only take on cases they believe have a good chance of success. This can provide you with reassurance about the strength of your claim.
No win no fee agreements provide a vital pathway to pursue compensation without the worry of upfront legal costs. By understanding how these agreements work and choosing the right legal representation, you can confidently move forward with your claim, focusing on your recovery while your solicitor handles the legal complexities.
Making a personal injury claim through your car insurance company
You can often make a personal injury claim with your car insurance company. Alternatively, you can choose to claim from the other party’s insurers on your own.
However, we often hear about insurers taking too much time or de-valuing genuine claims.
Using a specialised no win no fee car accident solicitor is a better choice for several reasons. They will know exactly what you can claim for, how to overcome denials of liability and how to maximise your compensation.
Will I have to go to court for a car accident claim?
It’s unlikely you will have to go to court to receive compensation for a car accident. Even if your claim does reach court, you may not need to be there in person.
Sometimes a solicitor will begin legal proceedings on your behalf if the other party denies liability or refuses to talk, but further negotiation often resolves the issue before it gets to court.
On the other hand, a court hearing may be beneficial to maximise your compensation settlement. For example, your solicitor may want to argue for interim payments to be made to help your immediate financial situation.
Do I need a medical exam to claim?
You will need an independent medical assessment to make a claim, but you won’t need to pay for it and your solicitor will arrange one local to you.
Medical records provide expert evidence confirming the cause and severity of injuries, as well as recommended treatments and a prognosis for recovery. They’re an important part of your claim that your solicitor can use to build your case and seek the correct amount of compensation.
Proving your case with evidence
The more evidence you can gather for your case, the better. Try to get contact details for any witnesses to the accident. It can also be helpful to take photographs of the crash site, if possible.
It’s also important to keep any bills, letters, reports or certificates from doctors or other health professionals. These provide evidence for your injuries and their impact on your life.
If you’re claiming prescription costs and travel expenses, keep all receipts as proof.
Car damage certificates can also be very beneficial to your case. These can contain photographs and expert testimonies on the damage incurred on the vehicle.
The process for making a no win no fee car accident claim
Our friendly advisors will guide you through the initial process. We understand that this may be a stressful time for you, so we aim to make it as simple and straightforward as possible.
We will ask you a few questions to gather the essential details about your accident. This information will enable our skilled solicitors to begin working on your case immediately. Rest assured, we handle all cases with the utmost professionalism and confidentiality.
If you prefer, you can also fill out a quick online form. This will provide us with the necessary information to assess your claim and get the ball rolling.
The legal process for a car accident claim largely depends on the value of the claim and whether the other party admits liability.
Small claims under £5,000
From June 2021, claims for minor injuries valued under £5000 are made through a government-supported portal known as the Official Injury Claim service. You don’t need a solicitor for this.
Fast track claims under £25,000
Claims of up to £25,000 are classed as fast track, or single track claims, and can be filed through the Claims Portal, an internet system overseen by the Ministry of Justice.
The claims portal aims to speedily deal with claims for relatively minor injuries. The process of claiming stays in the portal unless liability is disputed by the other party. Further negotiations usually resolve this, but a minority of cases may go to court where a judge decides the outcome.
Multi-track claims
Claims over £25,000 are handled outside of the Claims Portal and assigned to the multi-track process. They usually involve serious, life-changing injuries or fatal accidents.
In comparison to the fast track, there’s no set procedure for how claims go through the multi-track so it can take longer to receive your compensation.
Let us help you get started
We’ve been helping claimants win car crash compensation for over 20 years. To find out if you can claim, call us on 01225 430285 or we can . After just a few minutes on the phone, we’ll have enough information to allow our solicitors to get your claim started.
Remember, time is of the essence, so don’t delay. The sooner you start your claim, the sooner we can fight for the compensation you deserve. Our team is here to support you every step of the way, ensuring that your rights are protected and your voice is heard.
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