Car Accident Personal Injury Claims

135 questions have been answered on this subject - ask us your question

If you’ve been injured in a car accident that wasn’t your fault, you may be able to claim compensation on a “no win no fee” basis. This applies whether you’re the driver or a passenger, a pedestrian or other road user like a cyclist.

Here we look at when you might be eligible to make a claim, how much you can claim for and how to do it successfully.

Table of contents

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 are partly at fault

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.

If the other party deny liability

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.

If you caused the car accident

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.

Hit and run accidents and uninsured drivers

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).

Claiming for injured children

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:

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 injuryCompensation 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

Should I accept an early offer?

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.

Does it cost anything to make a car accident claim?

If you’re making a claim with a no win no fee solicitor you’ll pay nothing if you fail to win your claim. If you do win, you contribute around 25% of your compensation towards your legal fees.

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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Comments & Questions

Read on for questions and advice about claiming, plus car accident claim examples...

I was involved in a road accident where the vehicle I drove developed a fault which resulted in a 3 car accident, the van i was driving being the vehicle that struck. Police were in attendance and I was seen by paramedics at the scene and have not gone to a and e as I have responsibilities to my children to keep earning. Am I able to make a claim?

Ian Morris

Although your accident occurred due to a fault with a vehicle, establishing that negligence on the part of the vehicle owner, manufacturers or servicing company led to the fault and therefore any injury is likely to be extremely difficult. As such, running such a claim on a No Win No Fee basis is likely to be seen as being too risky.

It would be helpful to know more about the vehicle you were driving at the time. Who owned the vehicle? How old was the vehicle? How many miles had the vehicle driven and how recently had bit been serviced?

Reply

Hi ian
I was rear ended at a set of traffic lights nearly two years ago, the other side has admitted that they rear ended us and there insurance company axa payed to get the car fixed, a personal injuries claim was filled and 18months has passed and my solicitor has contacted axa about what is going on and they are saying that it is being in and out of the special investigations unit and wont disclose anything that’s all they say? I would greatly appreciate if you can give me your opinion on what could be going on please and thank you

Kind regards
Wayne

Ian Morris

It is impossible to be sure as to why the Insurers are investigating this matter in such a way. They could have concerns about the claim or any party involved in the claim. As long as you have provided only totally accurate instructions to your Solicitor, you have nothing to fear.

Reply

I had a accident 2 months ago, I was a passenger in my car, my husband was driving a car came behind and hit my car, he admitted liability and my car was written off. I got compensation for my car but I hurt my lower back as he hit my car. I did report it to my doctor and I didn’t go to hospital. I thought it would get better but now i’m in a lot of pain. I’m finding it very painful to work and with walking, can I still claim compensation for this even though I’m still trying to work, because I cannot take time off work?

Ian Morris

Whether you can work or not will not prevent you from pursuing a claim. It would seem that your injury is relatively serious so there is a prospect that you will meet the new (post 1st June 2021) claim valuation requirement that would enable our Solicitors to be able to act for you on a No Win No Fee basis.

We would like to get your claim and injury situation evaluated by our Road Traffic Accident specialist Solicitors.

Reply

I have a quick question. Two weeks ago i was involved in a car accident whilst driving for work when a driver hit me from the side. He has accepted liability and the work vehicle has been taken in to repairs. I hurt my knee and feel pains in my neck, especially when i wake up in morning. Can i can claim compensation? I don’t how this injury claims work. Thanks.

Ian Morris

As your injury was caused after 1st June 2021, the rules or system for personal injury compensation for soft tissue injuries as a result of a road traffic accident have changed. It is now the case that you cannot instruct a Solicitor to act for you on a No Win No Fee basis for such claims unless your injury is valued in excess of £5000. As you may imagine, this rules out almost all soft tissue injury claimants as the valuation is hard to reach. With your injury, particularly the knee pain, that is something that could see you able to make a claim, but time will need to pass to see if you have recovered or not. Of course, if your injury does not settle and further medical intervention is needed, please contact us for further advice as we may then be able to step in and assist you.

Reply

Hi good morning , I was on green light and other driver came from right side and hit into the driver side of my car . Other driver could have ran the red light as I have a camera in my car and could see clearly I was on green light and suddenly hear the noise hit on my car from the back .. I have called my insurance but they said it’s dispute liability!! I am wondering It’s very straight forward case and still I am waiting for the decision to made please help !!

Ian Morris

Have you provided your insurers with your dash-cam footage?

Aron

Yes I send them weeks ago and they have told me that they have send the footage to third party insurer and waiting for their reply !

Ian Morris

Although frustrating, you need to be patient and await the defendant response. You have provided the evidence and done all that can be expected of you, so it is just a case of waiting and remaining in contact with your insurers and legal representative.

Reply

I was a front passenger in my car that my partner was driving at the time, we was hit from the rear end. This is ongoing with the police as the driver of the car left the scene. My 2 children who were in the back bumped their heads, and I suffered with leg, back and neck ache. The next day i made an appointment with my GP, she recommended id seek physico therpy, through my insurance as ive been having leg spasms, loss of reflexes in right leg and pain from my neck down to my back, prescribed me with pain relief and diazepam to help with the pain and leg spasms. She informed me to keep an eye out for sickness and headaches with the children. Im unsure the next steps to take with regards to claiming personal injury for myself and children. Am i easier letting the insurance deal with it or will i have better compensation elsewhere? Thanks.

Ian Morris

If the accident happened on or before 31st May 2021, we would strongly recommend that you instruct an independent specialist personal injury Solicitor to represent you in your claims. Whether that be the expert specialist Solicitors with whom we work or another provider, the reality is that by choosing your own independent specialist Solicitor, you can be certain that your rights and interests will be upheld whereas allowing the insurers to be judge and jury affords them a real opportunity to undervalue any settlement awards that you may receive.

If the accident happened on or after 1st June 2021, the new RTA regulations will prevent you from instructing a Solicitor unless your injuries are valued at more than £5000.

Reply

I was in a car accident and my car written off. The other party pulled into a side road on the left without indication. So I preceded past him but he was performing a u turn in the side road and pull straight out across the main road without stopping hitting my front wing and protecting me across the road and into a brick wall causing substantial damage to my other wing. My insurers say this is my fault as I didn’t give him space to turn around and come out the road and I was too close to his car. Please advise, thank you

Ian Morris

Was the driver of the other car indicating at the time of their manoeuvre? The highway code requires vehicles that are following another car to allow sufficient space and braking distance should a vehicle that they are following has to stop suddenly. However, if the other vehicle left the road without indicating that they would be turning back across your right of way, it would appear that they are the at fault party.

Have you asked your Insurers to reconsider their point of view?

Reply

Hi, so I was driver to a car that had an accident recently – which had 1 passenger and a baby. Our car rolled few times but baby was unharmed and Passenger suffered multiple fractures. One thing is, I haven’t got my full licence yet and drove on a provisional license. Just wanted to know if my driving status would hinder any attempt of me trying to claim compensation ?.. please advise.. thank you.

Ian Morris

If you were the non-fault party, you can pursue a claim regardless of your driving status. Your passengers can pursue a claim regardless of who was at fault.

Reply

Hi , i was involved in an accident with my husband and kids at that time i was pregnant ,i got a baby with a bad operation and since ever my condition changed , i am now having a problem with back pains and also shortness of breath ,always at the doctor to seek medication ,can i also lodge a claim , my kids always remind me and my husband of the accident and they are scared to drive on the car we got accident on after being fixed .please assist .

Ian Morris

When did the accident happen? UK law affords you a claim limitation period of 3 years from the date of the accident. Therefore, if the accident was within the past 3 years, we may well be able to assist you.

Reply

My son was involved in a collision which resulted in him being killed, a tree blocked his view at the junction and he wasn’t able to see the oncoming car until it was too late. The coroner contacted the council as they said the tree contributed and the tree has been removed. This happened a year ago. I’m not sure what to do, if I could claim any sort of compensation it would not lessen the pain in any way but it would help to buy my son his own special place somewhere for myself and other children to go.

Ian Morris

I am very sorry to read of your loss and extend our condolences.

Whilst the Coroner has made recommendations to have the tree removed – and this has now been done – that does not necessarily mean that you could establish negligence against the Highways Authority or Local Authority in question. Essentially, it will come down to whether it can be established that the relevant authority knew or ought to have known that the position of the tree was hazardous to motorists before the incident involving your Son. You may wish to discuss this with the Coroner to find out if they can offer any light on this.

Reply

I was hit from behind with me and two passengers in the car 2 of us suffered whiplash and this was reported and then I started court proceedings to get my car repaired £800. Incident was 16/11/18 Defendant claimed we rolled into him, we didn’t it was going to court but 3 days before claimants barrister picked up on 2 human errors on my part. I decided to pull out of case 2 days prior as Im 100% honest and had just lost a relative I was gutted. Claimants barrister claimed £5000 expenses after we bartered. I’m fully comprehensive am I able to recoup any of the funds as I’m hurting.

Ian Morris

Were you forced to admit liability in the claim?

Reply

Hi Claims Experts,
The Question is regarding The Claim for loss of earnings
Involved in a Car Accident (not my fault, not injured, evidence with a service dash camera) Third party insurer claim loss of earnings to the guilty driver’s insurance ( I had first comprehensive ins. for business and the second was third party ins. )
When the accident happened I was working delivery service
The Insurer refused to provide me with a hire car and didn’t pay me after the first 7 days of the date I agreed for The Valuation of the Vehicle that was crushed with an explanation that after that period I have no right to ask for a losses of earnings (the Third part insurance didn’t cover it up)
If they have payed out I would not have a right to ask for more compensation in terms of loss of earnings
They sent me a paycheck a month later after my complaint and left me a month without job
The Insurer has been dragging the claim procedure ignoring my questions regarding the money they need to pay out
I got an answer that they are able to claim just for the days from accident happened to the first day I was provided with a hire car and nothing more
Do I have a right to ask for more loss of earnings in the period of one month when the pre accident conditions were not respected by the insurer? (no money, no hire car, no job)
What to do next to get to Good faith?

Thank you very much

Ian Morris

Were you injured in the car accident? We specialise in personal injury compensation and if you cannot work due to an injury caused through no fault of your own, our specialist Solicitors can recover any lost income, incurred costs and compensation for the injuries sustained.

In this case, if you were not injured and the defendants have agreed a settlement on your vehicle, from that moment, you are deemed to have been compensated for the vehicle and any loss associated with that.

Reply

Got into a car accident on my way home from work …so I wanted to know if I can claim or not

Ian Morris

As long as you are not the ‘at fault’ driver, you can make a claim for personal injury compensation if you have been injured in a car accident.

Reply

Hi my accident was a couple of years ago I’ve decided to give up with current solicitors as there were a lot of miscommunications! I got sick and was fed up with being put on hold and gave up on it all due to stress. Now the pandemic has happened I’ve found myself totally desperate and want to resume my claim with fresh solicitors

Ian Morris

It is possible to switch to a new Solicitor, but not always easy.

Reply

Can I claim for compensation after being in a small collision in a car park I’m a new driver just about to sit my test and was reversed in to
It has caused me a lot of anxiety and has now deluged my driving process because I’m now too anxious and nervous to continue with my lessons

Ian Morris

Have you approached your GP or sought any professional help for the anxiety issue? In theory, you can pursue a claim for the emotional trauma caused to you in this incident, but it would be very helpful to your claim if your GP (or another health professional) had made a referral for a course of treatment.

Reply

I was involved in a car accident in October 2019 third party at fault. I was sat still at a roundabout and the lorry didn’t stop and hit us from behind. They have admitted liability and a breach of duty . They have paid for the car to be fixed however its coming up to 9 months and they still haven’t paid for the personal injuries caused to me and the two other people in my car. We have had to file to take them to court, however do we have to proceed with court as my passengers really don’t want to see the other driver. Getting a response from the law firm is almost impossible. If they had already admitted the fault how likely is it we will end up in court as I have heard most people settle in advance.

Ian Morris

As you were hit from behind, it is not surprising that liability has been admitted. It is also common for the loss of or repair to a vehicle to be dealt with quickly and for personal injury compensation claims to take a far longer time to settle – typically 18-24 months.

It is very unlikely that your claim will go to court, but your Solicitor has initiated proceedings to compel the defendant to cooperate, so I doubt you would even have to attend court.

You mention being unhappy with your Solicitor and the lack of contact. You should inform the Solicitor firm in question – in writing – of your concerns about a lack of contact. If they continue to be hard to contact, you should make a formal complaint to the Solicitor (again in writing) and if that fails to resolve the issues, you could then seek to switch to a new Solicitor.

Tammy

Hi there the defendace is now trying to say we are fraudulent even tho we have doctors reports and physiotherapy reports. I feel we are been bullied is this normal. Our lawyers are stay we still continue with court however Iam very worried as there was a vehicle specialist looked at the photos and wrote a report saying the accident did happen but not enough to cause whiplash. However the lorry hit us with enough force to move my car into the roundabout. Again the lawyer said its nothing to worry about but if the court side with the defendant after this report I would be devastated as we did nothing wrong. Is this just a scare tack tick used into getting us to back down

Ian Morris

If your Solicitor wishes to pursue the claim, don’t worry about the actions of the defendant insurers. As long as you are being honest and not acting in anyway dishonestly, you have nothing to worry about. This is most likely ‘scare tactics’ from the defendants in a bid to get you to drop any legitimate claim.

Reply

I have an ongoing case.
I have been accused of fundamental dishonesty. I submitted my claim for whiplash a car has gone into the back of me on a main road where I stopped but the car behind failed to do so. I went to hospital 1-2 hour later afterwards due to stiffening of neck and lower back. Had medical reports done at a later date. Did have any physiotherapy as I couldn’t afford time off work and didn’t want to risk losing job. Months after the accident I’ve fully recovered. The defendant insurance company claim I have been fundamentally dishonest but my inputs have been nothing but accurate and not exaggerated. They did not reply until court proceedings were issued. Is this an act to scare monger me do you think? How often do whiplash claims go to court? I’d feel confident in court due to the accuracy and evidence I have. Opposing driver has also admitted liability but not for the injuries caused.

Ian Morris

As you have acted completely honestly and have not fabricated ANY element of the claim, you should not fear the allegation of ‘fundamental dishonesty’ against you. It could be an attempt to make you withdraw your claim, but if there is any element of your claim that has been exaggerated – even slightly, fundamental dishonesty could be attached and you would not only lose your claim, but face paying the other sides costs.

If you have a Solicitor acting for you, they should be able to counter the allegation by speaking with you and obtaining the evidence to prove that the allegation is baseless.

What act of fundamental dishonesty are they alleging you have been party to?

Reply

I was involved in a car accident as a passenger 21 months ago. As a passenger i did not realise i was able to claim for my injurys. Private physiotherapy was not an option due to cost. Im still having problems with my lower back and neck.

Ian Morris

As the accident was 21 months ago, we can help you make a claim. You have 3 years in which you can make a claim, so you have over a year remaining of that period.

Please call us on 01225430285 so that we can help you start your claim. As the passenger in the vehicle, it is irrelevant as to which party was at fault as you will be able to pursue a claim either way.

Reply

I pulled out of a side street making a right turn (UK) and as I crossed stationary traffic another car overtook the lorry that I had pulled out in front of. He drove into oncoming traffic to carry out the manoeuvre. I am being told this is a 50/50 claim and because I am not making a claim myself against my insurance I would not have thought my no claims would be impacted. My insurer are now saying I have 2 years reduction on my no claims bonus because the other driver is making w claim and my insurer is paying 50% of it.

Is it fair and reasonable to expect a reduction in my no claims bonus when I have not made a claim myself?

I have not admitted that this is 50/50 but my own insurer have done so on my behalf because I was pulling out of a minor street.

Thank you.

Ian Morris

The insurers would not have accepted 50% of the liability if they felt that there were any other way around it and even though you haven’t made a claim (yet), the insurers are within their rights to impact your NCB.

You could consider mitigating the impact on you by pursuing a claim for personal injury yourself – if you were injured in the accident. Whilst any compensation settlement would see the value halved (50/50), you would still be able to recover some compensation and it wouldn’t impact any further on your insurance renewals or premiums in the future.

David

Hi Ian

i have submitted a injury claim as i had whiplash and had 10 physios appointments

Once i spoke to my car insurance they said the 3rd party has accept fault hence why they paid out for my car (13k) and i got my excess back but they haven’t responded to my injury which i dont understand why as if they have accepted fault and paid out for my car surely that means they have to accept fault for my injuries for the car crash

thanks for you advice David

Ian Morris

It is hard to understand the logic of the defendant accepting liability and dealing with the loss of vehicle element of the claim, but not working with you on the injury element of it! Have your insurers offered any assistance to your Solicitor in pursuing this?

Reply

Good afternoon

Do you know the time/stage process on how car crash claims work?

It’s been over 6 months since my accident with a foreign lorry driver (Hit me on the motorway and wrote off my car) and they still haven’t accepted fault or responded to my solicitors letters.

What advice would you give me on this matter?

Thanks David

Ian Morris

Dealing with overseas insurers in matters of road traffic accident compensation shouldn’t really be any more difficult than dealing with a UK based provider, but the reality is that the process often takes longer and this hasn’t been helped by the current political situation with the UK leaving the EU.

Has your Solicitor discussed the options available in trying to compel the proposed defendant to cooperate?

David

I understand that it is a bit of a long winded journey so far and hasn’t helped with brexit, but the overseas insurers should have a duty to respond.

The Solicitor has been chasing for a response for a month now but with no luck. He has suggested that he could send a letter to them to appear at court as they haven’t responded within the 6 months, but I can see this being dragged out and seeing them respond at the very last minute.

Ian Morris

We fully appreciate your frustration and you are right, they do have a duty to respond. It would seem that your Solicitor is on the case and acting correctly, so bear with them and hopefully things will resolve in due course.

Reply
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