This guide will explore the process of making a car trailer accident claim. If the incident was caused by another driver’s negligence and you were injured, you could be eligible to make a road traffic accident claim.
In this guide, we will explore what constitutes as negligence and the accidents that could occur as a result of another road users negligence.
Additionally, we will explore how much compensation you could receive after making a successful claim for a car crash. We will also look at the steps you could take to strengthen your personal injury claim, such as the evidence you can gather and the benefit of seeking legal advice.
For more information, please continue reading. Alternatively, please get in touch with our team of advisors. To get in touch, you can:
- Call us on 020 8050 2736
- Contact us using our live chat feature
- Use our ‘claim online’ form
Car trailer accident claims guide
Choose A Section
- Can You Claim For A Car Trailer Accident? – A Guide
- When Are You Eligible To Make A Car Trailer Accident Claim?
- Evidence That Could Help You Make A Claim After A Road Traffic Collision
- What Compensation Could You Receive From A Car Trailer Accident Claim?
- Use Our Panel Of No Win No Fee Road Accident Solicitors
- Learn More About Claiming For A Road Traffic Accident
Can You Claim For A Car Trailer Accident? – A Guide
A car trailer is a trailer that can be attached to the back of a vehicle. It can have several purposes. For example, it can be used for more storage space when travelling or to transport large objects that won’t fit safely in a car.
When drivers use such equipment, there are certain regulations they must adhere to. For example, they must ensure they do not carry more than the maximum authorised mass. This is the weight of a trailer including the maximum load that can be carried safely whilst it’s being used on the road. The maximum should be listed in the owner’s manual. There are other responsibilities a driver has when using a car trailer. We will explore these in more detail later on in our guide.
You may be able to make a car trailer accident claim if you can demonstrate negligence. Negligence involves another road user breaching the duty of care they owe you and causing you to sustain harm.
Examples of how a car trailer accident might occur include:
- Another driver ignores the maximum authorised mass, which leads to their trailer disconnecting and colliding with your vehicle. Consequently, you suffer an amputated hand injury as well as other serious injuries.
- The driver might not have carried out the necessary safety checks when attaching the trailer to his vehicle. Subsequently, you sustain an arm injury and whiplash after the trailer detaches and hits your car.
For more information on when you could be eligible to make a claim, do not hesitate to get in touch with a member of our team.
When Are You Eligible To Make A Car Trailer Accident Claim?
As mentioned earlier, road users have a duty of care that they must uphold. This is outlined in the Road Traffic Act 1988, which states that all road users must behave in a manner which does not put their own, or any other road user’s, safety at risk whilst on the road.
There are also rules and guidance in The Highway Code for different road users. The rules in the Highway Code are backed elsewhere in law.
Furthermore, there are specific rules that apply to those who are using trailers on the road. Rule 98 of the Highway Code specifies that drivers:
- Must not tow more than their licence allows.
- Must ensure that their vehicle and trailer are in a roadworthy condition.
- Must not overload their vehicle or trailer.
- Must secure their load and must ensure that it does not stick out dangerously.
If another road user breaches the duty of care they owe and you are caused physical or psychological harm as a result, you may be eligible to make a car trailer accident claim. Call us for more information.
Is There A Time Limit To Make A Road Traffic Accident Claim?
As per the Limitation Act 1980, you typically have 3 years to begin your personal injury claim. This can be from the date of the accident or the date you associated your injuries with negligence.
Although there are some exceptions to this time limit. For example, if the injured person is under the age of 18 or the person lacks the mental capacity to claim.
To learn more about the exceptions to the time limits, please get in touch on the number above.
Evidence That Could Help You Make A Claim After A Road Traffic Collision
There are several steps you can take following a car trailer accident. For example, you can seek medical attention for your injuries to ensure you receive the correct treatment and diagnosis. Additionally, this can produce medical records which you can provide as evidence in support of your claim.
Other evidence you could gather can include:
- The contact details of any witnesses
- CCTV footage of the incident
- Pictures of your injuries
- Pictures of the accident
Additionally, you may wish to get legal advice. Our advisors are available 24 hours a day, 7 days a week, to provide you with free legal advice. They may be able to connect you with a solicitor from our panel to represent your case.
What Compensation Could You Receive From A Car Trailer Accident Claim?
The settlement you receive after making a successful claim for a road traffic accident may include general damages and special damages.
General damages compensate you for any pain and suffering that is caused by your injuries. This can include both physical and psychological injuries.
To help you understand how much you could be owed, we have compiled a table using guideline compensation figures from the Judicial College Guidelines (JCG).
The JCG is a document that legal professionals can use to assist them when valuing your injuries. However, each road traffic accident claim is unique, therefore, these figures are not guaranteed.
| Injury | Severity | Compensation Bracket |
|---|---|---|
| Arm Amputations | (a) Both arms are lost. | £240,790 to £300,000 |
| Brain Damage | (c) Moderate (i) There is an intellectual deficit of a moderate to severe nature as well as other issues. | £150,110 to £219,070 |
| Chest Injuries | (a) The most severe of cases involve complete removal of one lung and/or serious heart damage with serious prolonged pain or permanent scarring. | £100,670 to £150,110 |
| Other Arm Injuries | (a) Severe injuries that fall short of amputation. However, there are still extremely serious. | £96,160 to £130,930 |
| Foot Injuries | (c) Very severe: An injury that produces permanent and severe pain or causes a really serious disability. | £83,960 to £109,650 |
| Back Injuries | (a) Severe (ii) Injuries with special features such as nerve root damage alongside impaired function, loss of sensation and other issues. | £74,160 to £88,430 |
| Hand Injuries | (b) Both hands are seriously damaged. | £55,820 to £84,570 |
| Neck Injuries | (b) Moderate (i) Injuries in this bracket can include fractures that cause symptoms that are severe and immediate and require a spinal fusion. | £24,990 to £38,490 |
| Shoulder Injuries | (a) Severe: Injuries to the neck alongside brachial plexus damage causing a significant disability. | £19,200 to £48,030 |
| Leg Injuries | (c) Less serious (i) Fractures that don't completely recover are included in this bracket. | £17,960 to £27,760 |
Other Potential Losses In A Car Crash Claim
You could also be awarded special damages for any financial losses incurred as a result of your injuries.
For example, you could sustain a serious back injury that requires the need for private carers. These costs can be covered by special damages.
You could also be reimbursed for:
- Loss of earnings
- The cost of home adaptations
- Travel expenses
To be reimbursed for any costs caused by your injuries, you must keep evidence for it. This can include receipts and payslips.
If you are still wondering the car accident claim payout that could be awarded for injuries sustained in a car trailer accident, get in touch. One of our advisors could provide more information.
Will The Whiplash Reforms Apply To My Car Trailer Accident Claim?
As of 31st May 2021, passengers and drivers of vehicles who are over 18 and have sustained whiplash or soft tissue injuries worth £5,000 or less must make their claim through the government’s Official Injury Claims portal. This is a result of the Whiplash Reform Programme which introduced changes to the way claims are made for low-value road traffic accident claims.
As such, your whiplash or soft tissue injuries will be valued in accordance with the Whiplash Injury Regulations 2021 which has a set tariff of injuries. We have included a table using this tariff below.
| Injury Length | One or more whiplash injuries | One or more whiplash injuries with one or more minor psychological injuries |
|---|---|---|
| Less than 3 months | £240 | £260 |
| 3-6 months | £495 | £520 |
| 6-9 months | £840 | £895 |
| 9-12 months | £1,320 | £1,390 |
| 12-15 months | £2,040 | £2,125 |
| 15-18 months | £3,005 | £3,100 |
| 18-24 months | £4,215 | £4,345 |
Even if you are not required to make your claim through the government’s Official Injury Claims portal, your whiplash injuries could still be valued in line with the tariff. This is because the tariff applies to all occupants inside a vehicle.
If you have injuries not included in the tariff, these will be valued in the traditional way.
For more information on whether your claim could be subject to the whiplash reforms, please get in touch on the number above.
Use Our Panel Of No Win No Fee Road Accident Solicitors
If you seek legal coverage through one of the road traffic accident solicitors from our panel, they may represent you under a Conditional Fee Agreement (CFA). A CFA is a type of No Win No Fee service.
Being covered on this basis means that you generally don’t have to pay for the services your solicitor provides upfront, while the claim is ongoing or if the claim fails.
If your claim is a success, your car accident claim solicitor will deduct a legally capped success fee from your compensation.
For more information on this type of arrangement or to discuss your potential car trailer accident claim, please get in touch with our advisors. To reach them, you can:
- Call on 020 8050 2736
- Use our live chat feature
- Fill out our ‘claim online’ form
Learn More About Claiming For A Road Traffic Accident
Here we have included further external resources that might be helpful:
- GOV – Road Accident And Safety Statistics
- GOV – Compensation After An Accident Or Injury
- NHS – First Aid
Additionally, we have provided you with some of our own guides related to the road traffic accident claim process:
- When can I claim for t-bone accident injuries?
- Claiming for an accident on a roundabout
- How long after an accident can you claim for whiplash?
Thank you for reading our guide on what to do if you have been involved in a car trailer accident. If you have any other questions, please get in touch using the details provided.
Writer Beck Patcher
Editor Meg McDonald