How Do I Make A Claim After A Car Accident?

If you’re thinking, ‘how do I make a claim after a car accident?’ you might find this guide helpful. All road users must follow the rules of the road to promote road safety and prevent accidents. We will discuss what rules you must follow later in this guide.

Additionally, we will explore potential scenarios that could lead to a car accident and what injuries they could result in. Furthermore, we will share how much compensation you could potentially receive for your injuries.

If you have any queries regarding your claim, including how much it could be worth, why not speak to a member of our team? Our friendly advisors can offer you free legal advice 7 days a week.

how do I make a claim after a car accident

How do I make a claim after a car accident? A guide

Choose A Section

  1. How Do I Make A Claim After A Car Accident?
  2. Calculating Compensation For Car Accidents
  3. Explaining A Car Accident
  4. What Could Lead To A Car Accident Claim?
  5. Why Do I Need A No Win No Fee Agreement?
  6. More Information – How Do I Make A Claim After A Car Accident?

How Do I Make A Claim After A Car Accident?

When driving, you must ensure that you are being as safe as possible and paying attention to the road to prevent an accident from happening. A road traffic accident is when one or more road users are involved in an accident. This could be between a car and a cyclist or a motorcyclist and a pedestrian, for example. 

To make a valid claim, you must prove that you were injured in the accident and that someone else was responsible for it through a breach of duty of care. In some cases, you might be able to claim for an accident for which you and someone else are both partly to blame. This is called a split liability claim. 

Furthermore, in some cases, your compensation might be reduced if your actions contributed to the severity of your injury, but you were not responsible for the accident taking place. This is called contributory negligence and could be applicable if you were involved in an accident where your injuries are worse because you did not wear a seatbelt. 

If you would like some free legal advice in relation to the question ‘how do I make a claim after a car accident?’, speak with us today.

Calculating Compensation For Car Accidents

Your settlement can be made up of general and special damages if you make a successful road traffic accident claim. 

The pain and suffering caused by any physical and mental injuries that have impacted your quality of life, such as a broken leg and anxiety, could be compensated via general damages. To help support this head of your claim, you could provide evidence of this suffering, such as a copy of your medical report.

Many legal professionals will use a document called the Judicial College Guidelines (JCG) to help them value personal injury claims. With this in mind, we have created a guideline table below, using the compensation brackets provided in the 16th edition of the JCG.

Neck Injuries(a) Severe (i) - Will have to wear a collar for several years, 24 hours a day, but will still have little to no movement in the neck. It may also result in incomplete paraplegia.In the reign of £148,330
Neck Injuries(c) Moderate (iii) - A pre-existing neck issue has been accelerated by about 5 years.£7,890 - £13,740
Injuries to the Pelvis and Hips(a) Severe (i) - The lower back joint has been dislocated due to fractures in the pelvis.£78,400 - £130,930
Injuries to the Pelvis and Hips(b) Moderate (i) - No permanent disability following a serious injury to the hips or pelvis.£26,590 - £39,170
Leg Injuries(b) Severe (ii) - Permanent mobility issues which will require crutches for the rest of their life. Potentially due to multiple fractures.£54,830 - £87,890
Leg Injuries(c) Less Serious (i) - A partial recovery has been made following a fracture. However, they will be left with a limp due to a metal implant.£17,960 - £27,760
Other Arm Injuries(b) - The injury will result in a substantial permanent disability potentially due to severe fractures in the arm.£39,170 - £59,860
Other Arm Injuries(c) Less Severe - A partial degree of recovery has taken place despite symptoms.£19,200 - £39,170
Shoulder Injuries(a) Severe - The brachial plexus may have been injured which can cause various symptoms.£19,200 - £48,030
Shoulder Injuries(c) Moderate - The shoulder will have limited movement due to the shoulder being frozen. Symptoms will last for about 2 years.£7,890 - £12,770

Additionally, special damages could compensate for any finances that you had to spend and may have to spend in the future as a result of your injuries. This can include paying for private care, travel expenses and any lost wages due to having to take time off work.

Again, providing evidence of these losses will help support your claim. For free legal advice on what evidence you could use to support special damages, speak with our team today. 

How Will The Whiplash Reforms Programme Affect My Claim?

If you are over the age of 18, were a driver or passenger in a car accident and your injuries are worth £5,000 or less, then the way you make a car accident claim might differ.

With the introduction of the Whiplash Reforms Programme on the 31st of May 2021, injuries valued at £5,000 or less must now be claimed via the government’s online portal. They will also be valued in accordance with the tariff amounts in the Whiplash Injury Regulations 2021. These tariff amounts might still be used to value claims not made through the portal.

Before you start your claim, we recommend that you seek legal advice and have your case valued. This is because you may be underestimating how much your claim is worth; one of our advisors will be able to tell you the steps you can take next.

Explaining A Car Accident

As we stated previously in this article, all road users must follow certain rules of the road to ensure road safety. You can find these rules in the Road Traffic Act 1988; the Highway Code also sets out important guidelines for road users, some of which are backed up by law. It’s important to note that certain rules may only apply to certain road users, such as cyclists.

If another driver were to breach this duty of care, this could cause an accident that sees you becoming injured. Some potential scenarios of how a car accident could happen are:

  • Another driver does not stop at a red light at a junction, and they crash into the side of your car. This causes you to suffer from a serious arm injury and back injury.
  • A driver is going above the speed limit on a motorway. However, traffic has formed, and the driver is unable to brake in time, causing them to crash into the back of your car. You suffer a neck injury in the accident.

Remember, in order to make a claim, you must prove that you sustained an injury in the accident that someone else was solely or partially liable for.

If you are still wondering ‘how do I make a claim after a car accident?’ speak with us today for free legal advice.

What Could Lead To A Car Accident Claim?

To help your chances of making a successful claim following a car accident, there are certain steps you can take.

  1. Collect evidence. Any CCTV footage of the accident, eyewitness contact details and a copy of the police report (if police were called to the accident) could all be used to support your claim.
  2. If you have suffered an injury in a car accident, it would be best to get those injuries checked out and treated by a medical professional. Additionally, you can also ask your doctor for a copy of the medical report, as this could be used as evidence.
  3. If you were injured following a road traffic accident and are now wondering, ‘how do I make a claim after a car accident?’ you can speak to us today. We can offer you free legal advice regarding your claim. Additionally, we may be able to connect you with one of the solicitors from our panel.

Why Do I Need A No Win No Fee Agreement?

There are various kinds of No Win No Fee Agreements, one of those being a Conditional Fee Agreement. A Conditional Fee Agreement may be suitable if you want to go forward with making a claim whilst represented by a legal professional but would like to avoid the upfront costs that this can entail. 

There are also various benefits to this type of arrangement, such as:

  • There will be no legal fees to pay your solicitor to start your claim or whilst your claim is progressing.
  • If you win your case, your lawyer will deduct a small amount of your compensation, known as a success fee, which is legally capped.
  • If you fail to win your case, you will not be required to pay your lawyer for their services.

For more information about how a No Win No Fee agreement could be advantageous to you, you can speak with an advisor today.

Ask Us “How Do I Make A Claim After A Car Accident?”

If you are still wondering, ‘how do I make a claim after a car accident?’ speak to us today. Our team of advisors can offer you free legal advice regarding your claim. Furthermore, if your case is valid, they could connect you with a No Win No Fee solicitor from our panel. 

More Information – How Do I Make A Claim After A Car Accident?

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Writer Megan Rush

Publisher Fern Stewart