Whilst fatal road accidents have been declining, in 2022 a total of 1,711 fatal road casualties were reported in Great Britain. If a loved one has tragically died in a fatal car accident, you may be left dealing with both the emotional trauma as well as the potentially complex fatal accident claims process. This guide discusses how to claim fatal car accident compensation.
We look at who could be eligible to make a claim and what for. Additionally, we share examples of how a fatal car accident could occur. We also look at how fatal accident compensation is calculated and at how one of the No Win No Fee solicitors on our panel could help you.
For more information on the fatal injury compensation claims process, you can contact a member of our advisory team today:
- You can phone a member of our team on 0800 408 7825
- You can discuss your case with an advisor using our live chat.
- Or you can send a message to our team using our ‘contact us’ form.
Browse Our Guide
- Who Can Claim After A Fatal Car Accident?
- How Can A Fatal Car Accident Happen?
- What Happens If The Other Vehicle Didn’t Stop?
- How Much Fatal Car Accident Compensation Could Be Awarded?
- Why Make A No Win No Fee Fatal Car Accident Compensation Claim?
- Read More About Claiming Road Accident Compensation
Who Can Claim After A Fatal Car Accident?
All road users owe each other a duty of care to use the roads safely. To comply with this duty, they must adhere to the regulations set out within the Road Traffic Act 1988 sand the relevant rules within the Highway Code.
A fatal car accident compensation claim will need to meet the following criteria to be considered valid:
- The deceased was owed a duty of care by another road user.
- This duty was breached.
- Due to this breach, the deceased suffered their fatal injuries in a car accident.
The Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA) allows the state of the deceased to make a claim for the pain and suffering the deceased expereinced (general damages) and any financial losses their fatal injuries caused them (special damages), such as having to pay for private medical care.
The estate is the only party that can bring forward a claim within the first 6 months following the deceased’s death. This also includes a claim on behalf of the deceased’s dependents.
If no claim has been made on their behalf within these 6 months, the dependents can make a claim for how the deceased’s death has impacted them, per the Fatal Accidents Act 1976 (FAA).
The following qualifying relatives are classed as a dependents under the FAA:
- Current or former spouses or civil partners.
- Parents or guardians, or those treated as such, e.g. a step-parent.
- Children or those treated as such, e.g. step-children.
- Siblings, nieces, nephews, uncles and aunts.
- A person who lived with the deceased (as a spouse) for two years prior to death.
What Is The Statutory Bereavement Award?
Additionally, certain qualifying relatives are eligible to receive a bereavement award. Under the FAA, this is set out as a lump sum of £15,120. This can be awarded to (or split between if more than one person applies for it):
- The civil partner or spouse of the deceased.
- Someone who lived with the deceased for 2 years prior to their death as spouses.
- The parents of the deceased if they were an unmarried minor.
If you have any further questions about fatal injury compensation claims, please contact our advisors.
How Can A Fatal Car Accident Happen?
There are various ways that a fatal car accident could occur. However, to be able to make a claim, it would need to be proven that the deceased suffered their fatal injuries due to another road user breaching their duty of care. Some examples may include:
- A drunk driver is speeding and causes a crash on the motorway, resulting in the deceased to suffer a fatal head injury,
- A taxi driver runs a red light and crashes into the deceased’s car, causing their fatal injuries.
- Another driver fails to check whether a junction is clear before speeding out from it. This caused a car crash where the deceased suffered fatal injuries.
How Many Fatal Car Accidents Happen In Great Britain?
According to reports made to the Department of Transport, in 2022, there were a total of 453 car drivers who were fatally injured in a road traffic accident. In the same year, there were 788 reported car occupants killed in road traffic accidents in the same year.
To see whether you could make a fatal car accident compensation claim as the deceased’s estate or as a dependent, you can contact our advisors.
What Happens If The Other Vehicle Didn’t Stop?
Under Section 170 of the Road Traffic Act, failing to stop after an accident, such as a fatal road traffic accident, is an offence. Motorists are required to stop at the scene of an accident in which they have been involved in that causes injury, damage or death. Where a driver has failed to stop after colliding with a vehicle, this is known as a ‘hit and run’ accident.
Depending on whether there were witnesses who saw the accident take place or dashcam/ CCTV footage which recorded the vehicle’s details, the driver may be untraced. If the driver can not be located or if they are uninsured, fatal car accident claims may be made via the Motor Insurers’ Bureau.
Learn more about claiming fatal car accident compensation through the MIB by contacting our team.
How Much Fatal Car Accident Compensation Could Be Awarded?
As aforementioned, the deceased’s estate can claim for the pain and suffering of the deceased’s fatal injuries.
When compensation for these fatal injuries are being calculated, the Judicial College Guidelines (JCG) may be referred to. This document lists varying injuries and different severities alongside guideline compensation brackets for each.
We have included some of these figures in the table below, aside from the first entry.
| Type Of Harm | Compensation |
|---|---|
| Death + add on claims | Up to £550,000 and over. |
| Paralysis - (a) Tetraplegia/Quadriplegia | £396,140 to £493,000 |
| Paralysis - (b) Paraplegia | £267,340 to £346,890 |
| Brain Damage - Very Severe | £344,150 to £493,000 |
| Injuries Resulting in Death - Full Awareness | £15,300 to £29,060 |
Additional forms of compensation that could be awarded in fatal injury claims also include:
- Funeral expenses.
- Loss of dependency. This could include compensation for the loss of the deceased’s past and future income.
- Loss of services. This could include compensation for services such as childcare provided by the deceased or help around the home. A solicitor can help to quantify how much compensation you could claim for this. This could include compensation for both past and future loss of service.
- Loss of consortium. This is compensation for the loss of a special person. It is there to compensate for losses which are not otherwise calculated, such as the loss of a relationship and the impact on a family.
For more information on how fatal car accident compensation is calculated, you can contact our advisors.
Why Make A No Win No Fee Fatal Car Accident Compensation Claim?
One of the fatal accident solicitors on our panel could help you through the claiming process as either the deceased’s estate or as a dependent.
If a fatal accident solicitor from our panel takes on your claim, they may do so on a No Win No Fee basis. This will be through a Conditional Fee Agreement (CFA).
Under it, a solicitor provides their services without you needing to make any payments for their work either upfront, as the claim progresses or if it is unsuccessful.
If the claim is successful, you will be charged a success fee. This is a set percentage of the compensation. There is a legal limit on how much may be charged as this percentage.
To see whether a solicitor on our panel could help you with a fatal car accident compensation claim, you can contact our advisors:
- Phone an advisor 0800 408 7825
- Discuss your case using our online live chat.
- Send a message using our ‘contact us’ form.
Read More About Claiming Road Accident Compensation
Here are some guides by us about claiming for a road traffic accident:
- If you suffered a serious injury you could make a car accident claim for compensation.
- This guide looks at how to claim after a car crash.
- Learn more about your rights as a passenger in an accident and how to make a car accident claim.
Additionally, you can check out these external resources:
- Find NHS bereavement services and get help dealing with the symptoms of grief and loss with this resource.
- You can read more about fatal road traffic offences in this Crown Prosecution Service (CPS) resource.
- Get more bereavement help and support with this government resource.
To learn more about fatal car accident compensation claims, you can contact our advisors.