What Are Car Accident Victims’ Rights?
By Danielle Fletcher. Last Updated 30th July 2024. Have you been injured in a car accident and are unsure what car accident victims’ rights you have? Car accidents can be a stressful experience, not to mention traumatising. Especially if you suffer injuries through no fault of your own. Errors made by drivers account for many car accidents, such as a driver pulling out of a junction too soon and crashing into another car.
A road traffic accident can cause significant injuries to drivers. This guide will address your rights after being injured in a car accident. It will also explore how you can file a personal injury claim to receive compensation for your injuries.
Car Accident Victims’ Rights – Your Questions Answered
Before reading this guide, you may have some questions:
- I was injured in a car accident, what are my rights?
- I was a passenger in a car accident, what are my rights?
This guide will answer questions you may have regarding making a personal injury claim after suffering a car accident that wasn’t your fault. It will explore the rights you have to make a claim and whether you should report the road traffic accident to the police. If you’d like to make a claim, UK lawyers could help with your personal injury claim as they have knowledge and experience in this field.
Get In Touch With Our Team If You’re The Victim Of An Accident
If you’ve suffered an injury in a car accident that wasn’t your fault, you may be able to pursue a personal injury claim and receive compensation.
You can have a chat with our friendly team of advisers to learn more about personal injury claims and whether you can file one. Once someone from our advisers has had a chat with you, they can answer any questions you may still have remaining. To be connected to an expert solicitor from our panel, the advisors will check your case is valid first.
If you’ve been a victim of an accident, they can also provide you with a compensation estimate. Any claims the solicitors take on will be conducted on a No Win No Fee basis.
To receive free legal advice from our advisers, we recommend you:
- Call us on 020 3870 4868. One of our advisers will be happy to chat with you about your situation.
- Ask about your potential claim online with our form.
- Chat with an adviser through our live chat pop-up box for an instant reply.
Services And Information
- Important Information About Car Accident Victims’ Rights
- What Is A Car Accident Victim?
- What Should You Do If You Are The Victim Of A Car Accident?
- I Was The Victim Of An Accident – How Is Compensation Calculated?
- What Is The Whiplash Reform Programme?
- Car Accident Victims’ Rights To Information About The Other Driver
- Do Car Crash Victims Have A Right To The Other Driver’s Insurance Information?
- What Other Information Should Car Accident Victims Collect?
- What Are Your Rights If Injured By An Uninsured Driver?
- Car Accident Victims – Examples Of Injuries
- Should You Report Your Car Accident?
- No Win No Fee Car Accident Injury Claims
- Other Information About Car Accident Victims’ Rights
- FAQs About Car Accident Victim Injury Claims
Important Information About Car Accident Victims’ Rights
Our guide reviews numerous car accident victim rights, including your entitlement to collect contact information and insurance details if harm or property damage occurs.
We will focus on explaining your right to claim compensation if you are harmed in a car accident that wasn’t your fault.
Firstly, it is worth knowing what a duty of care is. People using the road have a legal duty to act in a way that keeps themselves and others safe from road accidents. To do that, road users should follow the relevant rules and must follow relevant regulations found in the Highway Code. They should also adhere to relevant laws, such as the Road Traffic Act 1988 (RTA).
A car crash victim has the right to seek personal injury compensation if they can show that:
- A fellow road user owed them a duty of care.
- They did not follow the RTA and Highway Code, thus breaching their duty.
- This led to an accident that caused the claimant to suffer physical and/or psychological harm.
Continue reading to learn more about the claims process, but remember that you can call our free helpline at any time to discuss your potential claim.
What Is A Car Accident Victim?
There is a range of different car accidents that can occur due to driver error, such as:
- T-Bone: This is where one car strikes the side of another car. This often occurs if one driver ignores a red light or stop sign and drives through it.
- Sideswipe: This is where the side of two cars collide. Often this occurs when both cars pull out of a lane at the same time.
- Rear-end collision: this car accident happens when a car crashes into the one in front of it. Rear end collisions usually happen because the driver behind does not leave enough stopping distance.
- Head-on collision: typically, this car accident takes place when one car on the incorrect side of the road drives into the front of another car.
If you’ve been in a road traffic accident that wasn’t your fault, you’re a car accident victim and you could make a personal injury claim to receive compensation for any injuries you’ve suffered. To hold a valid claim you need to prove three areas:
- You were owed a duty of care
- This duty was breached by a negligent action
- You suffer preventable injuries.
All road users owe each other a duty of care not to cause accidents and injuries. This duty of care is applied by the Road Traffic Act 1988. If you’re asking questions like “I’ve been injured in a car accident, what are my rights?”, these rights are partly established by legislation such as this.
Road Traffic Accident Statistics
We can use statistics to get an idea of what contributes to a road traffic accident. When police officers attend the scene of a collision, they can note down contributory factors. One such factor is ‘injudicious action’, meaning that someone involved showed poor judgement or did not follow the rules of the road.
The statistics, collected by the government, show that injudicious action was reported to have contributed to 191,179 road traffic accidents in Britain from 2013 to 2022.
Of those, the most commonly reported reasons for the accident were:
- A road user travelling too fast for the conditions: 55,883 reports.
- Exceeding the legal speed limit: 49,035 reports.
- Following too close to another vehicle: 48,075 reports.
- Disobeying ‘give way’ or ‘stop’ signs or road markings: 24,771 reports.
- Disobeying an automatic traffic signal: 15,212 reports.
What Should You Do If You Are The Victim Of A Car Accident?
After being involved in a car accident, the first thing you should do is stop the car, as failing to do so is an offence if there has been injury or damage to property to someone other than yourself. Next, you should switch the car engine off and switch your hazard lights on so other drivers are aware of why you’ve stopped.
You should also:
- See if you or any other drivers, pedestrians or, vulnerable road users or passengers are injured.
- If they are, for example if a pedestrian is hit by a car, dial 999 and ask for the ambulance service.
- Additionally, call 999 if you require police assistance. Call 101 if it is not an emergency.
- Gather information from other road users involved. For example you could take down their name, address, phone numbers, and insurance company details. You also must give your details to them.
- Talk to any potential witnesses. If they’re happy to share their contact details, they may come in handy should you need further evidence for a compensation claim.
- Collect any other evidence from the scene. For example, take photographs of the damage caused by the accident. If you are unable to do this yourself, you could ask someone else to do so for you if there aren’t more immediate concerns.
Another good way of proving fault for the accident is CCTV footage. If your accident was captured by a CCTV camera, you have a right to request the footage if you appear in it.
Please don’t hesitate to call today if you’d like to know more about what you can do after an incident and how to best prepare for a road traffic accident claim.
I Was The Victim Of An Accident – How Is Compensation Calculated?
If your road traffic accident claim is successful, your settlement may consist of two heads of claim: general and special damages.
General damages compensate the victim of an accident for their physical pain and mental suffering caused by the injuries. When assigning value to personal injury claims, legal professionals can refer to the compensation brackets found in the Judicial College Guidelines (JCG) to help them. This document provides guideline compensation figures for various types of injuries.
In our table below, we look at a few figures from the JCG. It is only intended as guidance.
| Injury: | Level of Injury: | Compensation Amount: |
|---|---|---|
| Multiple Serious Injuries Plus Financial Loss | Severe | Up to £1,000,000+ |
| Amputation of Both Legs | Loss of Both Legs | £293,850 to £344,150 |
| Amputation of One Arm | Loss of One Arm (i) | Not Less Than £167,380 |
| Severe Leg Injuries | The Most Serious Injuries Short of Amputation | £117,460 to £165,860 |
| Other Arm Injuries | Severe | £117,36 to £159,770 |
| Foot Injuries | Very Severe | £102,470 to £133,810 |
| Neck | Severe (iii) | £55,500 to £68,330 |
| Shoulder | Serious | £15,580 to £23,430 |
| Whiplash - At Least One Injury Plus Psychological Damage | More than 18 months, but not more than 24 months | £4,345 |
| Whiplash - At Least One Injury | More than 15 months, but not more than 18 months | £3,005 |
Special Damages
Some accident victims may also be able to recover special damages as part of their claim. This head of a claim reimburses expenses incurred as a result of your injuries.
Here are a few examples of special damages that could be included in a claim for a car accident:
- Medical expenses, including prescription costs and therapy.
- Travel costs, such as taxi fares to medical appointments.
- Loss of earnings for time spent off work to recover from your injuries.
If you would like a free personalised valuation of your potential accident compensation, please get in touch with one of the advisors from our team.
What Is The Whiplash Reform Programme?
The Whiplash Reform Programme changed the process of how certain road traffic accident claims are made in England and Wales.
If you were injured as a driver or passenger of a vehicle and are over the age of 18, with injuries valued at £5,000 or less, you will now make your claim via a different avenue. This includes claims being made for whiplash or minor soft-tissue injuries.
Any whiplash injuries are valued in line with a tariff located in the Whiplash Injury Regulations 2021. We’ve included a few of the amounts listed in the tariff in our table above. If the victim of an accident suffered additional injuries not covered by the tariff, they will be valued in the traditional manner.
If you are a car accident victim and would like to discuss your potential claim, please get in touch with one of our advisors. They can also give you free advice regarding which avenue you should take when making your claim.
Car Accident Victims’ Rights To Information About The Other Driver
If you are involved in a car accident that causes injury or damage you have the right to the contact information of those involved. This is so that you can make a personal injury claim against them/their insurance if you suffer injuries or damage to your car due to the accident. If anyone fails to provide their contact information they need to report the accident to the police within 24 hours.
You could ask for the following details: their name, phone number, address, and insurance details. If you think someone may be uninsured or under the influence of drink or drugs it may be a good idea to call the police.
Do Car Crash Victims Have A Right To The Other Driver’s Insurance Information?
As a car crash victim, you have a right to request the other driver’s insurance details. By doing this, you could make a road traffic accident claim through the driver’s insurance company. It’s worth noting that car crash victims can request the insurance details of the other driver at a later time, so don’t worry if you didn’t immediately after the car accident.
Additionally, under car accidents laws such as Section 70 of the Road Traffic Act 1988, a driver has a duty to stop and give information or documentation upon request.
We would always advise that you make a request for the other driver’s insurance information whether you have been injured or not.
What Other Information Should Car Accident Victims Collect?
It’s recommended that you make a note of as many details as you can about the incident. If you do decide to go ahead with a personal injury claim, this information will give your claim a higher chance of success. Examples of some information you can collect from the car accident are:
- Registration numbers of vehicles involved in the accident, as well as the colours and models of the cars.
- Time and date of the accident.
- A drawing of the crash and how the cars are positioned.
- A note of the weather conditions and any road quality issues you notice.
- Damage to the vehicles and any injuries you, other drivers, passengers, or pedestrians have sustained.
The more information you collect from the accident, the better chance your claim has of succeeding. This is because the information allows you to provide more evidence of exactly how the crash happened, who was at fault, what damage has happened to your car, and what injuries people involved may have suffered.
What Are Your Rights If Injured By An Uninsured Driver?
Sometimes when car accidents take place the person at fault is uninsured. Also, other times the person at fault may leave the scene of an accident before you are able to exchange any details. If they are not found later on this could be classed as a Hit and Run. If you suffer injuries in a car accident with an uninsured driver, the Motor Insurance Bureau (MIB) may be able to compensate you for your injuries.
You may need to provide the following information: the date and time of the accident, other vehicles involved in the accident, and your name, address, and phone number. The MIB works to allow those who suffer a vehicle accident with the means to be compensated if hit by an uninsured driver. Uninsured vehicles are an issue as victims can’t claim against their insurance if they suffer a road traffic accident.
If you decide to make a claim against a driver who is not insured, our advisors can offer free advice on how to do this through the MIB.. Also if you do not want to claim alone you may be connected to our panel of solicitors. If they agree to take your case on it will be on a No Win No Fee basis.
Car Accident Victims – Examples Of Injuries
A car crash victim could experience various types of injuries. There are a lot of different factors that can impact this, such as how the crash occurred. A victim of an accident may have different injuries to other car accident victims involved in the same crash. This could be dependent on where they were seated, whether they were wearing a seatbelt and where the other vehicle hit.
Injuries that a car accident victim may suffer include:
- Whiplash
- Traumatic brain injury
- Loss of limbs
- Fractured bones
- Broken back
These are just a few examples of injuries car accident victims could suffer. If you’ve been injured in a car accident caused by negligence, you could potentially claim compensation. Call our advisors to find out more.
Should You Report Your Car Accident?
If a car is blocking the road at the scene of the accident, you should call 999 to alert them of this as it could cause another car accident. The police can then proceed to corner off this part of the road, preventing a potential car crash. Moreover, you could report the car crash to the police if you believe the other driver caused the incident on purpose in order to claim compensation.
If the car doesn’t stop, you should attempt to get their vehicle registration number so the police can track them down. You can also alert the police of the incident if you think the other driver may have been drinking or taking drugs. On the other hand, if the incident isn’t urgent, you can contact the police through their non-emergency number 101.
Please note that you must report the incident within 24 hours if there has been an injury or damages to someone other than yourself and you fail to leave any details with others involved. If the incident isn’t urgent you can report the car accident online via the police accident report form.
No Win No Fee Car Accident Injury Claims
The solicitors on our panel are happy to work with claimants on a No Win No Fee basis. No Win No Fee agreements are a useful way of being able to afford legal representation as you aren’t obligated to cover your solicitor’s fees unless your claim is successful.
If your claim is not successful, you aren’t obligated to pay any of the fees your solicitor has worked for. If your claim is successful, your solicitor will deduct a small percentage of your final settlement amount. This percentage is kept small so that most of your compensation is protected. You will also be made aware of this beforehand. We present no extra hidden fees.
You can contact our friendly team of advisers today to discuss your claim, what car accident victims’ rights you have, and how much compensation you could receive. Once an adviser has learned more about your situation, they can connect you with our panel of personal injury solicitors. They can discuss No Win No Fee agreements with you.
To learn more about your legal rights in a car accident, you can:
- Call us on 020 3870 4868
- Start your claim online.
- Chat with us using the pop-up box in the corner.
Other Information About Car Accident Victims’ Rights
Is There A Time Limit To Make A Medical Negligence Claim?: If you’d like to make a medical negligence claim, our guide explores how much time you have to do this.
Can You Sue On Behalf Of Someone Else? – A Complete Guide For Claiming Compensation For Someone Else: If you’d like to sue on behalf of someone else, this article tells you how you can do this.
How Long Do You Have To Report A Car Accident?: Have you suffered a car accident? Our guide discusses how much time you have to report it.
Broken Leg: this NHS article includes the signs treatment and recovery process of a leg fracture.
Broken Arm or Wrist: Have you suffered a broken arm or wrist injury? This NHS guide contains the symptoms of a wrist/arm fracture, and more.
Information On Signs Of A Broken Bone: If you think you may be suffering from a fracture, this NHS article discusses the signs and treatment of a fracture.
FAQs About Car Accident Victim Injury Claims
Time limits to make a car accident claims
The general personal injury claim time limit is three years. That’s three years from the date you suffer the accident or three years from when you gain knowledge that the injuries were due to someone else’s negligence.
If you’re under 18, the three-year personal injury claims time limit begins on your 18th birthday. However, a friend/family member can act as a litigation friend to pursue the claim for you before you turn 18.
People without the mental capacity to claim has an indefinitely paused claim period. The three-year time limit begins from the date of their recovery. During the pause, someone they trust can become a litigation friend to file the claim on their behalf.
Should I accept the first offer of compensation?
Sometimes insurers will offer you a pre-med offer. We advise claimants that without knowing the full extent of their injury they may be short-changed. As you cannot go back and ask for more once the claim is settled this may not be the best idea.
Do insurance companies automatically pay pain and suffering?
If you suffer injuries due to a car accident that isn’t your fault, the insurance company will compensate you for the pain and suffering you experience. As long as it is an honest claim and you can prove with medical evidence the injuries you have suffered.
Who is at fault for a right-turn collision in the UK?
This is when someone is injured due to an incident involving someone turning right at a junction. It can lead to accidents such as a T-bone collision.
At a junction, drivers should give way to any traffic on the main road. If they do not, then their emergence onto the road could result in a car crash. Victims could be seriously injured or even killed in such instances.
This is an example of negligence if the driver at the junction does not give way. They are likely to be at fault if a turn resulted in another road user being injured. Therefore, if you have been a victim of an accident such as this, you could potentially claim.
Rear End Collision Fault – Who Is To Blame?
As stated in rule 126 of the Highway Code, motorists are required to leave enough space between themselves and the vehicle ahead in order to safely pull up should it halt. Therefore, there is often a presumption that a rear end collision fault lies with the driver of the rear vehicle.
However, either party can potentially be at fault and it is important to gather evidence to prove liability.
If you would like assistance with gathering evidence, our panel of experienced solicitors could help you.
How old do car accident victims need to be in order to claim?
Individuals of any age have the right to compensation if they are injured due to negligence. However, only those aged 18 and over are eligible to make a claim by themselves.
Before the injured party reaches adulthood, a litigation friend must claim on their behalf. If successful, the money is paid into a legally protected account that the injured party can access when they turn 18.
We hope you have found this guide on car accident victims’ rights useful and informative. To learn more about claiming if you’ve been the victim of an accident, contact us for free advice at any time.
Writer HL
Checked by IE.
