By Emily Sirko. Last Updated 2nd May 2023. If you have sustained injuries in a road traffic accident where another road user was liable, you may wonder, ‘how do you claim after a car crash?’. This guide will explain when you could meet the eligibility criteria to make a personal injury claim.
We also discuss how long you have to start your claim, the steps you could take to strengthen your case’s chance of success, and the benefits of choosing to work with a No Win No Fee solicitor.
The potential injuries that could be sustained in a car crash range from minor scrapes and bruises to very severe and life-altering. Therefore, they could have various negative impacts on your quality of life. For example, a severe head injury may prevent you from working and mean you cannot engage in social activities as you did before the accident. Continue reading this guide to learn whether you could pursue compensation for your injuries.
Also, if you have any questions, please do not hesitate to contact an advisor from our team. They are available to offer you free legal advice 24/7.
To get in touch:
- Call our team on 0800 408 7825
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How Do You Claim After A Car Crash?
Jump To A Section
- How Do You Make A Car Crash Claim?
- Examples Of Car Accidents
- What Evidence Could Support Your Claim?
- Compensation Payouts In Car Crash Claims
- Make A Claim After A Car Crash With A No Win No Fee Solicitor
- Find Out More About Car Crash Claims
How Do You Make A Car Crash Claim?
All road users have a duty of care to navigate the roads safely. This is to prevent injury to other road users, as well as injury to yourself. The road user’s duty of care is outlined in the Road Traffic Act 1988. Furthermore, The Highway Code provides guidance and additional rules for road users; some of these are backed by laws.
A road user may breach their duty of care by speeding, ignoring signage on the roads or operating a vehicle under the influence of alcohol or drugs.
Should another road user breach their duty of care and cause a car crash in which you sustain injuries, this would meet the definition of negligence. Under these conditions, you may be eligible to make a personal injury claim.
Therefore, not all road traffic accidents could lead to a compensation claim. If you were entirely liable for an accident, you would not be eligible to make a personal injury claim.
If you are still wondering, ‘when and how do you claim after a car crash?’ please contact one of our advisors.
Can I Claim If Injured As A Passenger In A Car Crash?
If you are involved in a road traffic accident as a passenger, you could be eligible to make a claim.
There are various ways that a passenger accident claim could arise. There are numerous possibilities for who could be liable:
- The driver of the vehicle you were travelling in.
- The driver of a different vehicle.
As an injured passenger, you could take action against the person who was at fault and, therefore, liable for the injuries you suffered.
If you were a passenger in a car crash, you could have grounds to claim. For further guidance, please speak to our advisory team. They are available to provide clarity on car crash claims.
Car Crash Claim Time Limits
You may be wondering how long after a road traffic accident you have to start your claim. As per the Limitation Act 1980, you generally have 3 years to begin a personal injury claim from either the date of the accident or when you connected your injuries to negligence.
However, there are some exceptions to this time limitation. For example, if the injured party was under the age of 18 when they were injured, or the person doesn’t have the mental capacity to make a claim, the time limit can vary.
If you would like to know if you can claim after a road traffic accident, please speak advisor from our team. Also, do not hesitate to get in touch if you would like more details on the time limit applicable to your personal injury claim.
Examples Of Car Accidents
Below we have provided some examples of how a car accident could occur:
- Another road user is on their phone while driving and fails to see that the traffic ahead of them is stopped at a red light. Consequently, they rear-end you.
- A driver fails to carry out the necessary checks when pulling out of a side road. This leads to them colliding with your vehicle.
- Another road user is under the influence of alcohol and swerves across lanes into the side of your vehicle.
Following an incident that meets the eligibility criteria to make a claim, it is important to consider the relevant time limits applicable. We will provide more details on this in the following section.
What Evidence Could Support Your Claim?
Providing evidence that proves negligence can strengthen a personal injury claim. For example, if you received medical attention, you could obtain your medical records to show the injuries you sustained and any required treatment.
You could also gather:
- CCTV or dashcam footage of the car crash
- Photographic evidence of the scene and your injuries
- A diary of symptoms and treatments
- Witness contact details for witness statements to be taken at a later date
- A record of any financial losses via receipts, payslips, invoices or a bank statement
You could also seek legal advice if you decide to pursue a compensation payout. If you get in touch with our team, an advisor can answer the question, ‘how do you claim after a car crash?’ and provide more details on the evidence you could gather.
Compensation Payouts In Car Crash Claims
The compensation awarded for a successful personal injury claim following a car crash may consist of up to two heads of claim. You could be awarded general damages for any physical or mental pain and suffering caused by your injuries.
We have compiled a table of guideline compensation brackets and provided it below. To do this, we referred to the Judicial College Guidelines (JCG). Car accident solicitors can also use this document to aid them in the valuation of the general damages head of claim.
| Injury | Severity | Notes | Compensation Amounts |
|---|---|---|---|
| Arm Amputation | Complete Loss of Both Arms (a) | The injury will leave the person fully aware of their state of considerable helplessness. | £240,790 to £300,000 |
| Arm Injuries | Severe (a) | An extremely severe injury that is shy of amputation but leaves the injured party little better off than if one had taken place. | £96,160 to £130,930 |
| Brain Damage | Moderate (c)(ii) | An injury that results in a moderate or modest intellectual deficit with the person’s ability to work being significantly reduced or removed. | £90,720 to £150,110 |
| Neck Injuries | Severe (a)(ii) | Within this bracket, the person may have injuries that involve serious fractures or harm to discs within the cervical spine. This leads to disabilities of considerable severity. | £65,740 to £130,930 |
| Chest Injuries | (b) | A traumatic injury to the chest, lungs and/or heart, which causes permanent damage and further problems. | £65,740 to £100,670 |
| Leg Injuries | Severe (b)(ii) | Very serious injuries that lead to permanent mobility issues, and cause the person to require mobility aids. | £54,830 to £87,890 |
| Hand Injuries | Serious (e) | An injury that reduces the injured hand to around 50% capacity. | £29,000 to £61,910 |
| Wrist Injuries | (b) | The injury will lead to permanent and significant disability. However, some useful wrist movement remains. | £24,500 to £39,170 |
| Whiplash Injuries | One or more whiplash injuries with one or more psychological injuries | Symptoms last longer than 18 months but no more than 24. | £4,345 |
| Whiplash Injuries | One or more whiplash injuries with one or more psychological injuries | Symptoms last longer than 15 months but no more than 18. | £3,100 |
Due to the unique details that make up each road traffic accident claim, these amounts are not guaranteed. Therefore, the table provided above should only be used as guidance.
How Special Damages Could Also Compensate You
Furthermore, you could also be awarded special damages compensation for certain past and future financial losses incurred due to your injuries. This could cover losses such as:
- Loss of earnings
- Home adaptations
- Care costs
- Medical expenses
- Travel costs
Our advisors can provide you with an estimate of how much you could receive if you get in contact.
The Whiplash Reform Programme
As of the 31st of May 2021, certain claims must be made in line with the Whiplash Reform Programme. This changed how drivers or passengers over the age of 18 make a claim for whiplash and soft tissue injuries valued at, or under, £5,000. These types of claims must be made through the government’s Official Injury Claims portal.
Furthermore, your injuries will be valued using a tariff of set amounts in the Whiplash Injury Regulations 2021. If you have further injuries that bring the total injury value to over £5,000, you will not claim via the portal. Instead, you will make your claim traditionally. Your whiplash injuries, however, will still be valued in line with the tariff. The whiplash reforms do not apply to cyclists, motorbike users and pedestrians.
If you would like more information regarding whiplash injury claims, please speak with one of the advisors from our team.
Make A Claim After A Car Crash With A No Win No Fee Solicitor
The solicitors on our panel could offer to work on your claim via a Conditional Fee Agreement (CFA). Entering into this type of a No Win No Fee agreement means that you do not have to pay for the services that your solicitor provides upfront or while your claim is ongoing. It also means that if your claim is unsuccessful, you generally won’t be required to pay for these services.
Moreover, in the event of a successful claim, a small legally capped success fee can be deducted from the compensation and paid to your solicitor. This will be an agreed-upon percentage discussed before you enter into an agreement.
If you would like to learn more about the potential use of one of the No Win No Fee solicitors from our panel, please speak to our team of advisors.
Ask Our Team How Do You Claim After A Car Crash?
Please speak to one of our advisors for a free assessment of your claim today.
To get in touch:
- Call our team on 0800 408 7825
- Contact us via our call-back form
- Use the live chat window on this page
Find Out More About Car Crash Claims
Learn more about making a road traffic accident claim from our guides:
- The Highway Code New Rules Explained
- How To Make A Claim For A Hit And Run
- Work With Expert Road Accident Solicitors
Additionally, we have included external reading for more information:
- NHS – When to call 999
- Think! – Advice for road users
- GOV.UK – Statutory Sick Pay (SSP)
Thank you for reading our guide. If you are still wondering, ‘how do you claim after a car crash?’ please contact our advisors.