This guide will detail the process of making a personal injury claim after sustaining harm in a car crash on the motorway. We’ll be discussing what to do after being involved in a car crash, including the steps you can take when making a road traffic accident claim.
In addition, we will discuss the compensation for a car accident that you could receive following a successful claim and the factors considered when valuing your injuries.
Furthermore, we will discuss how our panel of No Win No Fee solicitors may be able to help you, providing you have a valid claim.
If you want to discuss your potential road traffic accident claim, then you can get in touch with us by using the details below to begin the process:
- Call us on 020 8050 2736
- Fill out our contact form
- Chat with one of our advisors by using the live chat feature in the corner of our website
Choose A Section
- When Can You Claim For A Car Crash On The Motorway? – A Guide
- When Are You Eligible To Claim For A Car Crash On The Motorway?
- Potential Evidence That Could Be Used When You Claim For A Road Traffic Accident
- What Compensation Could You Receive From A Road Traffic Accident Claim?
- Why Use Our Panel Of Road Traffic Accident Solicitors To Make A Claim?
- Learn More About The Process Of Claiming For A Car Crash On The Motorway
In specific circumstances, you may be able to claim for a crash on the motorway provided that you can prove that your injuries were caused by a third party breaching their duty of care; we’ll explore this further in the section below.
It’s important to acknowledge that a car crash on the motorway can vary in severity, from minor car accidents to life-changing accidents. As a result of this, compensation amounts awarded can differ depending on the specific circumstances of your case, including the severity of your injuries.
If you need any further information or want to find out whether you can begin your claim, then get in touch with us by using the contact information above.
In order to claim for a car crash on the motorway, you’ll have to prove that another road user owed a duty of care to you, this was breached and caused you harm as a result. This is known as negligence.
This duty of care for road users is outlined in Road Traffic Act 1988. As per their duty of care, they must ensure they navigate the roads in a way that reduces the risk of others experiencing harm on the road. The Highway Code also provides guidance for different road users. It also contains rules which have been backed elsewhere in law.
Examples of negligence on the motorway could include:
- A driver failing to check their mirrors when overtaking on the motorway. As a result, they are involved in a side collision. This results in both road users sustaining injuries, such as an arm injury or shoulder injury.
- A HGV driver failing to secure their load correctly, causing it to fall off and hit into the vehicle behind them.
However, not all instances of a crash on the motorway will form the basis of a valid claim if negligence has not occurred.
In cases where two parties are responsible for the accident, a split liability claim could be made. However, the compensation you receive will be adjusted accordingly.
To learn whether you could seek compensation, please get in touch on the number above.
When Do You Make A Whiplash Claim And How Is It Different?
After the Whiplash Reform Programme brought in changes for the process of claiming for low value road traffic accidents, it meant adult passengers and drivers need to make their claim through the government’s Official Injury Claims portal. This is the process they must follow if they have sustained whiplash or soft tissue injuries valued at £5,000 or less.
In doing so, the tariff from the Whiplash Injury Regulations 2021 will be used to value any whiplash or soft tissue injuries. If the injured person has sustained harm that isn’t included in the tariff, these injuries will be valued in the traditional way.
As the tariff applies to all those occupying a vehicle, it may still be used to value relevant injuries even if a claim is not made via the government portal.
We have included amounts from the tariff in our table further down in this guide. For more information, get in touch on the number above.
In order to make a successful road traffic accident claim for injuries sustained in a car crash on the motorway, you’ll need to prove that negligence occurred. To do this, you’ll need evidence. Potential types of evidence that you can use to support your claim include:
- Dashcam footage of the accident.
- A diary of your treatment and symptoms
- Copies of any records produced from receiving medical care.
- Photographs of your injury and the site of the accident
- Contact details of potential witnesses.
The general time limit to start a car accident personal injury claim is three years from the date of the accident or the date that you became aware that your injuries were caused by negligence. This is clearly outlined in the Limitation Act 1980.
However, there are circumstances which will allow a person to claim outside of this standard time limit. This includes times when a potential claimant is under the age of eighteen or lacks the mental capacity to make a claim.
To discuss the exceptions to the time limits and the evidence you could collect in more detail, get in touch on the number above.
General damages is one of the heads of claim that can make up personal injury compensation settlements. It compensates for the pain and suffering caused by your injuries.
Below is a table detailing compensation brackets for different injuries. These figures come from the Judicial College Guidelines and are used by solicitors to help them assign a value to your injuries.
Due to the many different variables that are taken into account when valuing general damages, it’s important to recognise that these figures are not guaranteed.
|Brain and Head Injury||£282,010 to £403,990||(a) Very Severe: In cases where there may be some ability to follow basic commands, but little evidence of a response to an environment,|
|Neck Injuries||In the region of £148,330||(a) Severe (i): Neck injury associated with an incomplete paraplegia, despite person wearing a collar for a period of years, there is still little or no movement in the neck.|
|Neck Injuries||£4,350 to £7,890||(c) Minor (i): Full recovery takes place within a period of one to two years.|
|Back Injuries||£91,090 to £160,980||(a) Severe (i): Cases of severe injuries involving damage to nerve roots and the spinal cord. Combination of incomplete paralysis and impaired bowel, bladder, and sexual function.|
|Injuries to the Pelvis and Hips||£78,400 to £130,930||(a) Severe (i): Extensive, dislocation of a low back joint, or a hip injury with intolerable pain and necessitating spinal fusion. There will be residual disabilities.|
|Leg Injuries||£39,200 to £54,830||(b) Severe Leg Injuries (iii): Serious fractures or injuries to joints resulting in instability, prolonged treatment, and a long period of non weight bearing.|
|Leg Injuries||£27,760 to £39,200||(b) Severe Leg Injuries (iv): Includes complicated injuries generally to a single limb, Large degree of different awards available due to variety of injuries|
|Arm Injuries||£39,170 to £59,860||(b) Injuries Resulting in Permanent and Substantial Disablement: Serious fractures of both or one forearms where there is lasting disability.|
|Whiplash Injuries||£4,215||One or more whiplash injuries that lasts for a period of 18-24 months.|
|Whiplash Injuries||£4,345||One or more whiplash injuries with one or more minor psychological injuries that lasts for a period of 18-24 months.|
Please call to learn how much compensation you could be awarded following a successful claim for injuries sustained in a car crash on the motorway.
When Can You Claim For Special Damages After Suffering Car Accident Injuries?
Special damages are another head of the claim that can make up your overall compensation amount. These damages aim to compensate you for any monetary losses you’ve incurred due to your injuries. This can include:
- Medical costs
- Cost of care
- Loss of earnings
- Costs to alter your home
You’ll have to provide evidence to support your financial losses. This can come in the form of receipts, bank statements, or invoices.
The solicitors from our panel can offer their services under a type of No Win No Fee agreement called a Conditional Fee Agreement. This means you generally won’t need to pay any upfront or ongoing fees for their services. You also typically won’t pay for their services if the claim fails.
If the claim is a success, you pay a fee to your solicitor. This success fee is legally capped, and the proportion that is taken from your compensation is agreed upon before you begin using the services of a solicitor.
Contact Us 24/7 For Free Legal Advice On Making A Road Traffic Accident Claim
Remember that you can contact us for free anytime to get a consultation in relation to your potential claim. Our experienced panel of car accident claim solicitors could help you seek compensation, provided that you have a valid claim. Get in touch with us by:
- Calling us on 020 8050 2736
- Filling out our contact form
- Chatting with one of our advisors by using the live chat feature in the corner of our website.
If you’d like to learn more about road traffic accident claims, then you can follow the below guides to learn more:
Alternatively, you can read the external links below to find out more:
We hope this guide on the process of claiming for injuries sustained in a car crash on the motorway has helped. However, if you have any other questions, please get in touch using the details provided above.
Writer Louis Price
Editor Meg McDonald