How to Get Compensation after a Car Accident
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Every 16 minutes, someone is killed or seriously hurt in a UK traffic accident.
Every 16 minutes, someone is killed or seriously hurt in a UK traffic accident. In manycases, drivers, passengers, other road users and pedestrians may be able to pursue acompensation claim if they were injured in a car accident. In this article, find out everything you need to know about car accident compensation and how to claim it.
What types of car accidents can I claim for?
There are different types of car accidents you can claim compensation for.
You can make a car accident claim if you were the driver or a passenger in a car that was involved in an accident.
If you were hit by a car or other vehicle when out on the road on two wheels, you might be entitled to claim motorcycle accident compensation or cycling accident compensation.
If a car or other vehicle hit you when you were out walking, you may be able to launch a pedestrian accident claim.
What types of car accident-related injuries can I claim for?
You can claim for any injury you experienced as a result of being involved in a car accident including but not limited to:
- Arm injuries
- Back injuries
- Cuts and bruises
- Foot injuries
- Fractures and dislocations
- Knee injuries
- Leg injuries
- Neck injuries
- Whiplash
Sadly, some people experience life-changing injuries because of a car accident, including serious spinal injuries, amputations and brain injury.
You may also be able to make a claim if a loved one was killed in a fatal road accident where they weren’t to blame.
In addition to fatal accident compensation, you may also be entitled to receive the current statutory bereavement award of £15,120.
Does the other person have to be wholly responsible for the car accident for me to claim compensation?
No, but the amount you receive in compensation might be affected if you were partly to blame for the accident.
This is because of a legal term called “contributory negligence”.
If you claim for compensation but are found to have contributed towards to the accident, the amount you receive may be reduced to reflect your share of the responsibility.
So, if it was agreed that you were 25% responsible, your compensation would be cut by a quarter.
How long do I have to make a claim for car accident compensation?
You should contact a solicitor as soon as you can if you want to make a car accident compensation claim.
In general, you have a maximum of three years to pursue compensation:
- after the accident took place.
- after you became aware of an injury you suffered in the accident.
There are some exceptions to the three-year rule, and we would always recommend that you seek legal advice as soon as possible after your car accident.
How much will it cost me to claim compensation?
Many road traffic accident solicitors work on a no-win no-fee basis.*
*Typically, customers pay 25% including VAT of the compensation amount that is recovered by our third-party law firms, although this is subject to your individual circumstances and the actual fee may be more or less than this. Termination fees may apply if you do not keep to the terms of the agreement.
How much car accident compensation will I receive?
The amount of car accident compensation you receive will depend on the severity of your injuries and the impact they have on your life.
There are two parts to a car accident compensation award – general damages and special damages.
General damages reflect the pain and suffering caused by the injuries you experienced as a result of the accident. To decide on a fair figure, solicitors and judges often use guidelines issued by the Judicial Study Board.
Special damages cover any financial losses you’ve incurred since your accident. This can include lost wages and pension contributions if you’ve not been able to go to work. They can also cover any adaptations you’ve had to make to your home or car to accommodate your injuries.
Other costs special damages cover include prescription costs, travel costs, medical expenses not covered by the NHS, physiotherapy sessions, and any home help you’ve needed.
When deciding how much compensation you receive, your personal circumstances are also taken into account.
When deciding how much compensation you receive, your personal circumstances are also taken into account. To get an estimate of how much you might receive, check out our compensation calculator.
There are differences in the compensation process if you are making a fatal accident claim.
How Much Could I Claim?
The value of your compensation will depend on your circumstances. We work with our partner law firms to understand typical claims criteria.
Calculate My ClaimHow long before I receive my car accident compensation payment?
It takes, on average, between four to nine months to receive compensation when you make a car accident claim.
You’ll receive your payment:
- within 28 days if your solicitor and the other party’s solicitors come to an out-of-court settlement.
- within 21 days after a judge has come to their verdict if the case goes to court.
- in up to six weeks if your compensation is coming from an overseas insurance company.
It’s important to note that some car accident claims can take longer than this. This is particularly true for complex cases, those which involve life-changing injuries or fatalities, and claims where a child has been injured. In cases like this, court approval might be needed.
What should I do after a car accident if I want to claim compensation?
If you’re involved in a car accident and want to claim compensation, take the following steps:
- Get medical help: Seek help from a medical professional straight away, even if your injuries don’t seem that severe at first. Sometimes, symptoms can take a while to present, especially if you have internal injuries. You may also need support if you’re suffering from shock.
- Call the police: Dial 999 and ask for the police (and an ambulance for more serious injuries). This will not only generate an incident number, which is important for your claim, but it also gives time for the police to investigate. Your solicitor may use the police report when presenting your case for compensation.
- Gather evidence: Only if you feel well enough, start to gather evidence from the scene. Take photographs of the incident and the vehicles involved. If there were any eyewitnesses, collect their contact details. Look out for any CCTV cameras that may have recorded the accident.
- Contact your insurer: Your injury may be covered by an existing insurance policy you have so it’s a good idea to phone them to check. If you claim on your insurance, this does not affect any accident claim compensation award you might want to pursue later.
- Keep documents: Make sure that your initial treatment for your injury is recorded by the NHS together with any subsequent treatments and consultations. Your solicitor will request these records from the NHS when they build your case. Also keep receipts of travel costs, medical expenses and other costs relating to your injury.
- Get in touch with a solicitor: As soon as you are able, get in touch with a solicitor. This not only gives them plenty of time to prepare your case but the accident you’ve just experienced will be fresher in your mind and in the minds of any eye witnesses your solicitor contacts.
Find an experienced car accident solicitor to represent you
The Compensation Experts put clients in touch with leading UK road traffic accident solicitors who will take on their case.
Our process is quick and simple. Get in touch with our friendly team to tell us about the car accident you were involved in. We’ll listen to you and let you know if we believe you have a valid claim.
If you do, then we’ll introduce you to an experienced car accident solicitor who you can then choose to represent you.
Call us on 0800 182 2191 or click to start your claim.
