By the end of 2024, approximately 1607 fatalities were reported in road accidents. About 29,540 killed or seriously injured (KSI) casualties were recorded, while casualties of all severities were 128,920. Though these numbers have been decreasing since 2014, their being this high still highlights the importance of road safety and systems being in place in case of such unfortunate events. Compensation for car accidents ensures that the situation is somewhat rectified by offsetting your suffering with capital benefits. This blog helps you understand everything you need to know about a car crash claim.
Understanding Compensation for a Car Accident
A car accident compensation claim is a legal demand to compensate for damages incurred after a road accident. This is done to obtain monetary benefits to recover the losses incurred, including medical costs, property damages, and loss of salaries, among others.
Learn more about: What Are Personal Injury Compensation Claims?
Eligibility for compensation for a car accident
You can be eligible for a car accident compensation claim if you are any of the following:
1. Drivers
If you get injured by another car and the driver of that car is at fault, then you are eligible to file a claim for compensation of car accident.
2. Passengers
If you were a passenger in a vehicle and you got hit by another vehicle, you can claim compensation. You can also claim compensation if you were a passenger in the vehicle that caused the accident.
3. Pedestrian
If you were a pedestrian who was injured in a vehicle accident, you can claim car accident compensation.
4. Cyclists
You can also file for compensation for car accident if you are a cyclist or motorcyclist injured by a negligent driver.
5. Family members of the deceased
If your loved one has passed away from a car accident, you can file a compensation claim.
What you need to prove
You need to prove the following in order for your claim for compensation for car accident to be valid:
- The other party owed you a duty of care on the road.
- Their action was negligent, breaching the duty of care.
- The accident led to you having injuries.
- You suffered a physical or monetary loss.
“It has been found that road accidents not only affect the victim but it also impacts the whole family. The repercussions are even more severe when the road accident victim is the sole earning member. The whole dynamics of the family gets changed because of one road accident. Looking into the post-accident scenarios, in order to make up for the damage, compensation needs to be provided.”
Adil Ata Azmi et al.
How Much Compensation Can You Claim for a Car Accident?
There are several factors that must be considered when calculating compensation for car accidents. Here is an insight in each of them and the way their variation affects compensation.
1. Severity of injuries
The Judicial College guidelines guide compensation for car accident injuries in the UK, and they depend on how severe the injury is. Here is a brief overview.
Minor injuries
These injuries may include whiplash and other soft tissue injuries. Their typical value is between £275–£4,830, averaging £570–£630. The exact amount of compensation for car accidents depends on the recovery time and psychological factors.
Moderate injuries
These injuries include a broken arm, moderate neck and back injuries, etc.. Back injuries have a recommended compensation for car accidents of £10,970–£34,000. Similarly, broken arms have a compensation that can go up to £99,750.
Severe injuries
These include paralysis, serious back injuries or brain injuries. Settlements in such cases can range from £100,000 to £500,000+. The exact amount depends on how much the injury has impacted life.
Fatal injuries
Cases of compensation for car accidents frequently surpass £1 million, much like catastrophic injury lawsuits, and include bereavement payments, loss of dependency, and other losses.
2. Property damage
You can recover the costs of repairing or replacing cars and personal items. There is no established scale. The reward is based on the actual repair/replacement cost, which includes expenses such as car rental and medical prescriptions.
3. Liability & Contributory Negligence
In contrast to the US, English law entails diminished compensation in case you are partly at fault. According to the Law Reform (Contributory Negligence) Act 1945, courts diminish compensation proportionally to your share of fault. For instance, the compensation for car accidents is lowered by 25% if you are found to be 25% at fault.
4. Special damages
These damages in compensation for car accidents are tangible and verifiable losses. You have to provide payslips, receipts and invoices to confirm your claim. Here is a list of some of such costs:
| Type | Examples |
|---|---|
| Medical costs | Treatment, rehab, travel, prescriptions |
| Lost earnings | Past and future income, including pensions or career impact |
| Property loss | Vehicle repair, taxi fares, house adaptations |
| Other expenses | Childcare, home help, medical devices |
5. General damages
These damages refer to the compensation for pain and suffering that has been caused to you as a result of the accident. They also depend upon the severity and impact of the injury and are directed by Judicial College guidelines. Here is how they work:
- The tiered ranges described above in severity of injuries include a multiplier for general damages. For example, moderate injuries up to £99k and severe injuries up to £500k+.
- Loss of enjoyment in life and emotional distress are also included in general damages.
Get insight into special damages vs general damages in personal injury law.
6. Insurance & Policy Limits
Minimum third-party insurance is required for drivers in the UK. Here are important considerations regarding this:
- Under-insurance: If the other party is not insured, you can claim compensation through your own insurance.
- Whiplash reforms: Soft-tissue claims under £5,000 are handled online through Official Injury Claim and are subject to stringent tariff regulations.
Learn more about Whiplash Reforms – A Complete Guide.
Step-by-Step Guide to Making a Car Crash Claim
The government of the UK has launched an Official Injury Claim service, using which you can make a car crash claim. Here is when you are eligible to do so:
- You are over 18 years of age.
- You were a driver or passenger in a car.
- Your accident occurred in England or Wales.
- The accident was someone else’s fault.
- You suffered minor injuries.
- Your injury claim value is £5,000 or less.
- Your total claim value is £10,000.
- You can identify the driver at fault.
If you fulfil these criteria, here are the steps you can take to file a claim for compensation for car accidents.
Step 1: Giving information
Go to Offical Injury Claim. You have to provide the following information here:
- Details of the accident
- Information about the injury
- Police report and related documents
- National Insurance number
- Vehicle registration(s)
Step 2: Investigation
Liability, whether full or partial, must be accepted by the at-fault party’s insurer. If they admit liability, you proceed to the next step of compensation for car accidents. If they deny it, you can do the following:
- Challenge it up three times through OIC.
- Take it to the Small Claims Court.
Step 3: Medical Evidence
For this step of compensation for car accidents, you need to get a medical report of your injury. You can get it through the Medical Reporting Organisation (MRO) or Direct Medical Expert (DME). Here are the steps you’ll take.
- Attend a medical exam.
- Receive your report.
- Confirm your diagnosis and recovery time.
- Review and confirm the report.
- Share it with the insurer.
Explore more about: Personal Injury Medico-Legal Reports
Step 4: Negotiation
After the insurer has reviewed your medical records, it offers you car crash compensation. In this step of compensation for car accidents, you can claim all types of relevant damages. To support your claim further, upload receipts and invoices. If you don’t accept the first offer, up to three counteroffers can be made.
Step 5: Settlement
Once you have agreed to the payment, the insurer arranges payment for you. If you are not satisfied, you can provide more evidence or proceed to court. OIC assists you in court by preparing a court pack.
Do You Need a Car Accident Solicitor?
If you are not eligible to make a car crash claim yourself, you can hire a lawyer for a car accident. They can make the case for you in court and help you get the compensation you need.
Benefits of car accident solicitors
Here are some of the benefits of hiring a car accident solicitor.
1. Maximising compensation
These lawyers have numerous ways to maximise your compensation. They calculate all types of losses accurately. This helps them reach a figure that incorporates all aspects of your life. They avoid immature settlements, which also helps you reach a higher car accident compensation. They also counter the underhanded offers from insurers.
2. Reducing stress
You can focus on your recovery while the solicitors handle everything for you. They gather evidence and deal with paperwork. They also protect your interests by warding off pressure from the insurers.
3. Navigating legal rules
They guide you through your liabilities and complex procedures. They also help you understand legal standards and evidence requirements. In case your negotiations fail, solicitors proceed accordingly and represent you in hearings.
What to Look For in a Solicitor
While choosing a car accident lawyer, here are the things you should look for:
- They should have special experience in car accident compensation claims.
- They should have a proven track record of successful settlements or verdicts.
- They should be able to get supportive services such as expert witnesses and benefit advice.
- They should have agreements like “No win no fee” in practice.
- They should have strong communication skills.
Time Limits of Compensation for Car Accidents in the UK
The standard time limit for such claims is three years from the time the accident happened. If the reason for the injury was not clear at the time, then the three-year time limit starts from the date you found it.
There are exceptions in the case of children and people who don’t have mental capacity. The three-year period for children starts once they turn 18. For mental incapacity, the limit starts when you regain your mental capacity. If you never do, there are no time limits applied. A litigation friend can proceed with the claim at any time.
Get detailed insight into Personal Injury Claim Time Limit UK.
Armstead v RSA [2024] UKSC 6: A case study
Lorna Armstead hired a car on rent. Her agreement stated that she’ll have to pay £130 per day for 30 days if the car gets damaged and can’t be rented out. When the car was under her use, another driver caused a crash. The car rental company charged her £1,560 under the hire contract. This was because the car had to be repaired and could not be on the road for 12 days.
She claimed against the insurer of the other driver. Lower courts stated that the money could not be claimed since it was pure economic loss. The Supreme Court, however, let her appeal. Their decision stated that she had the right to claim. This is because the car was under her use at the time of the accident. The damage was not just economic; it was also physical. The insurer also failed to prove that the amount was too high or unfair.
As a result, Ms. Armstead won the case. She was awarded £1,560.
Consult Concise Medico for help
Car accidents can be a difficult time for you. You may suffer financially, mentally and physically. In these hard times, you’ll need all the help you can get. At Concise Medico, we offer you a variety of ways for a smooth recovery. Not only do we provide you with rehabilitation therapies, but we also assist you with diagnostic reports. These reports, coupled with our expert witnesses, strengthen your claim for compensation for a car accident.
So to get help, contact us now.
FAQs
By the end of 2024, approximately 1607 fatalities were reported in road accidents. About 29,540 killed or seriously injured (KSI) casualties were recorded, while casualties of all severities were 128,920. Though these numbers have been decreasing since 2014, their being this high still highlights the importance of road safety and systems being in place in case of such unfortunate events. Compensation for car accidents ensures that the situation is somewhat rectified by offsetting your suffering with capital benefits. This blog helps you understand everything you need to know about a car crash claim.
Understanding Compensation for a Car Accident
A car accident compensation claim is a legal demand to compensate for damages incurred after a road accident. This is done to obtain monetary benefits to recover the losses incurred, including medical costs, property damages, and loss of salaries, among others.
Learn more about: What Are Personal Injury Compensation Claims?
Eligibility for compensation for a car accident
You can be eligible for a car accident compensation claim if you are any of the following:
1. Drivers
If you get injured by another car and the driver of that car is at fault, then you are eligible to file a claim for compensation of car accident.
2. Passengers
If you were a passenger in a vehicle and you got hit by another vehicle, you can claim compensation. You can also claim compensation if you were a passenger in the vehicle that caused the accident.
3. Pedestrian
If you were a pedestrian who was injured in a vehicle accident, you can claim car accident compensation.
4. Cyclists
You can also file for compensation for car accident if you are a cyclist or motorcyclist injured by a negligent driver.
5. Family members of the deceased
If your loved one has passed away from a car accident, you can file a compensation claim.
What you need to prove
You need to prove the following in order for your claim for compensation for car accident to be valid:
- The other party owed you a duty of care on the road.
- Their action was negligent, breaching the duty of care.
- The accident led to you having injuries.
- You suffered a physical or monetary loss.
“It has been found that road accidents not only affect the victim but it also impacts the whole family. The repercussions are even more severe when the road accident victim is the sole earning member. The whole dynamics of the family gets changed because of one road accident. Looking into the post-accident scenarios, in order to make up for the damage, compensation needs to be provided.”
Adil Ata Azmi et al.
How Much Compensation Can You Claim for a Car Accident?
There are several factors that must be considered when calculating compensation for car accidents. Here is an insight in each of them and the way their variation affects compensation.
1. Severity of injuries
The Judicial College guidelines guide compensation for car accident injuries in the UK, and they depend on how severe the injury is. Here is a brief overview.
Minor injuries
These injuries may include whiplash and other soft tissue injuries. Their typical value is between £275–£4,830, averaging £570–£630. The exact amount of compensation for car accidents depends on the recovery time and psychological factors.
Moderate injuries
These injuries include a broken arm, moderate neck and back injuries, etc.. Back injuries have a recommended compensation for car accidents of £10,970–£34,000. Similarly, broken arms have a compensation that can go up to £99,750.
Severe injuries
These include paralysis, serious back injuries or brain injuries. Settlements in such cases can range from £100,000 to £500,000+. The exact amount depends on how much the injury has impacted life.
Fatal injuries
Cases of compensation for car accidents frequently surpass £1 million, much like catastrophic injury lawsuits, and include bereavement payments, loss of dependency, and other losses.
2. Property damage
You can recover the costs of repairing or replacing cars and personal items. There is no established scale. The reward is based on the actual repair/replacement cost, which includes expenses such as car rental and medical prescriptions.
3. Liability & Contributory Negligence
In contrast to the US, English law entails diminished compensation in case you are partly at fault. According to the Law Reform (Contributory Negligence) Act 1945, courts diminish compensation proportionally to your share of fault. For instance, the compensation for car accidents is lowered by 25% if you are found to be 25% at fault.
4. Special damages
These damages in compensation for car accidents are tangible and verifiable losses. You have to provide payslips, receipts and invoices to confirm your claim. Here is a list of some of such costs:
| Type | Examples |
|---|---|
| Medical costs | Treatment, rehab, travel, prescriptions |
| Lost earnings | Past and future income, including pensions or career impact |
| Property loss | Vehicle repair, taxi fares, house adaptations |
| Other expenses | Childcare, home help, medical devices |
5. General damages
These damages refer to the compensation for pain and suffering that has been caused to you as a result of the accident. They also depend upon the severity and impact of the injury and are directed by Judicial College guidelines. Here is how they work:
- The tiered ranges described above in severity of injuries include a multiplier for general damages. For example, moderate injuries up to £99k and severe injuries up to £500k+.
- Loss of enjoyment in life and emotional distress are also included in general damages.
Get insight into special damages vs general damages in personal injury law.
6. Insurance & Policy Limits
Minimum third-party insurance is required for drivers in the UK. Here are important considerations regarding this:
- Under-insurance: If the other party is not insured, you can claim compensation through your own insurance.
- Whiplash reforms: Soft-tissue claims under £5,000 are handled online through Official Injury Claim and are subject to stringent tariff regulations.
Learn more about Whiplash Reforms – A Complete Guide.
Step-by-Step Guide to Making a Car Crash Claim
The government of the UK has launched an Official Injury Claim service, using which you can make a car crash claim. Here is when you are eligible to do so:
- You are over 18 years of age.
- You were a driver or passenger in a car.
- Your accident occurred in England or Wales.
- The accident was someone else’s fault.
- You suffered minor injuries.
- Your injury claim value is £5,000 or less.
- Your total claim value is £10,000.
- You can identify the driver at fault.
If you fulfil these criteria, here are the steps you can take to file a claim for compensation for car accidents.
Step 1: Giving information
Go to Offical Injury Claim. You have to provide the following information here:
- Details of the accident
- Information about the injury
- Police report and related documents
- National Insurance number
- Vehicle registration(s)
Step 2: Investigation
Liability, whether full or partial, must be accepted by the at-fault party’s insurer. If they admit liability, you proceed to the next step of compensation for car accidents. If they deny it, you can do the following:
- Challenge it up three times through OIC.
- Take it to the Small Claims Court.
Step 3: Medical Evidence
For this step of compensation for car accidents, you need to get a medical report of your injury. You can get it through the Medical Reporting Organisation (MRO) or Direct Medical Expert (DME). Here are the steps you’ll take.
- Attend a medical exam.
- Receive your report.
- Confirm your diagnosis and recovery time.
- Review and confirm the report.
- Share it with the insurer.
Explore more about: Personal Injury Medico-Legal Reports
Step 4: Negotiation
After the insurer has reviewed your medical records, it offers you car crash compensation. In this step of compensation for car accidents, you can claim all types of relevant damages. To support your claim further, upload receipts and invoices. If you don’t accept the first offer, up to three counteroffers can be made.
Step 5: Settlement
Once you have agreed to the payment, the insurer arranges payment for you. If you are not satisfied, you can provide more evidence or proceed to court. OIC assists you in court by preparing a court pack.
Do You Need a Car Accident Solicitor?
If you are not eligible to make a car crash claim yourself, you can hire a lawyer for a car accident. They can make the case for you in court and help you get the compensation you need.
Benefits of car accident solicitors
Here are some of the benefits of hiring a car accident solicitor.
1. Maximising compensation
These lawyers have numerous ways to maximise your compensation. They calculate all types of losses accurately. This helps them reach a figure that incorporates all aspects of your life. They avoid immature settlements, which also helps you reach a higher car accident compensation. They also counter the underhanded offers from insurers.
2. Reducing stress
You can focus on your recovery while the solicitors handle everything for you. They gather evidence and deal with paperwork. They also protect your interests by warding off pressure from the insurers.
3. Navigating legal rules
They guide you through your liabilities and complex procedures. They also help you understand legal standards and evidence requirements. In case your negotiations fail, solicitors proceed accordingly and represent you in hearings.
What to Look For in a Solicitor
While choosing a car accident lawyer, here are the things you should look for:
- They should have special experience in car accident compensation claims.
- They should have a proven track record of successful settlements or verdicts.
- They should be able to get supportive services such as expert witnesses and benefit advice.
- They should have agreements like “No win no fee” in practice.
- They should have strong communication skills.
Time Limits of Compensation for Car Accidents in the UK
The standard time limit for such claims is three years from the time the accident happened. If the reason for the injury was not clear at the time, then the three-year time limit starts from the date you found it.
There are exceptions in the case of children and people who don’t have mental capacity. The three-year period for children starts once they turn 18. For mental incapacity, the limit starts when you regain your mental capacity. If you never do, there are no time limits applied. A litigation friend can proceed with the claim at any time.
Get detailed insight into Personal Injury Claim Time Limit UK.
Armstead v RSA [2024] UKSC 6: A case study
Lorna Armstead hired a car on rent. Her agreement stated that she’ll have to pay £130 per day for 30 days if the car gets damaged and can’t be rented out. When the car was under her use, another driver caused a crash. The car rental company charged her £1,560 under the hire contract. This was because the car had to be repaired and could not be on the road for 12 days.
She claimed against the insurer of the other driver. Lower courts stated that the money could not be claimed since it was pure economic loss. The Supreme Court, however, let her appeal. Their decision stated that she had the right to claim. This is because the car was under her use at the time of the accident. The damage was not just economic; it was also physical. The insurer also failed to prove that the amount was too high or unfair.
As a result, Ms. Armstead won the case. She was awarded £1,560.
Consult Concise Medico for help
Car accidents can be a difficult time for you. You may suffer financially, mentally and physically. In these hard times, you’ll need all the help you can get. At Concise Medico, we offer you a variety of ways for a smooth recovery. Not only do we provide you with rehabilitation therapies, but we also assist you with diagnostic reports. These reports, coupled with our expert witnesses, strengthen your claim for compensation for a car accident.
So to get help, contact us now.
