How To Prove You Are Not At Fault In A Car Accident
Have you suffered injuries from a car accident that wasn’t your fault? Are you thinking of making a personal injury claim for your injuries? UK lawyers can help you prove you are not at fault in a car accident.
A guide on how to prove you are not at fault in a car accident
Being involved in a car accident isn’t uncommon, and the mental and physical effects can be debilitating. Proving a car accident was not your fault can be tricky, but working with a personal injury lawyer can make the process smoother and more straightforward.
Before beginning this article, you may have questions such as:
- Why was the car accident not my fault?
- What happens if you have a car accident and it’s not your fault?
- How do you determine who is at fault in an accident?
This guide will answer these questions and discuss in-depth how you can prove an accident was not your fault. You will hopefully leave this article feeling much more knowledgeable about your potential car accident claim and how you could receive compensation for your injuries.
Get In Touch With Our Team
Our friendly team of advisers is always available to address your needs and offer free legal advice about your road traffic accident. They can have a chat with you to discuss your situation and help determine who was at fault for your accident.
Once they’ve learned more about your situation, they can connect you with our expert panel of personal injury solicitors to begin your personal injury claim (if you have a valid case).
Our panel of lawyers can then help to prove you are not at fault in a car accident and help you gain the compensation you’re owed. If you’d like to get in touch with our team of advisers, you can contact them by:
- Calling them on 020 3870 4868. An adviser is available around the clock to discuss your situation.
- Filling out our claim online form. One of our advisers will get back to you at your earliest convenience.
- Chatting with an adviser through our live chat pop-up box for an instant response.
Services And Information
- Everything You Need To Know About How To Prove You Are Not At Fault In A Car Accident
- What Is Fault Or Liability For A Car Accident?
- How Do You Prove Fault In A Car Accident?
- How Do You Prove Split Liability?
- Could You Claim If You Were At Fault?
- Car Accident Compensation Calculator
- Evidence Which Could Prove You Are Not At Fault In A Car Accident
- Who Is At Fault If You Were Involved In A Work Vehicle Accident?
- What Should You Do If You Don’t Have Proof Of Your Injuries?
- How Much Time Do I Have To Claim For My Injuries?
- I Suffered Injuries In A Car Accident, What Should I Do?
- Claim For A Car Accident Injuries On A No Win No Fee Basis
- Related Guides
- FAQs About Car Accidents
Everything You Need To Know About How To Prove You Are Not At Fault In A Car Accident
This guide will discuss what fault or liability for a car accident is. We include car accident statistics and an explanation of what split liability is. Next, there will be a section on how to prove you are not at fault in a car accident.
Additionally, there’s a section on how split liability works in a personal injury claim, and a further explanation of whether you can claim if you were at fault for the road traffic accident.
Next, there will be a personal injury claims calculator table to convey how much compensation some injuries are worth. Additionally, the article will include a section on what evidence you could use to prove you are not at fault in a car accident.
There will also be a section exploring who is at fault if you were involved in a work vehicle accident.
The guide will look at what you could do if you don’t have proof or evidence of your injuries. In addition, the article will look at the personal injury claims time limit to make sure you still have time to make a personal injury claim.
Our panel of personal injury lawyers can work on road traffic accident cases on a No Win No Fee basis and, in this guide, we explain what this means.
There will also be some additional resources to give you even more information about personal injury claims. Finally, there’s a section including questions commonly asked about car accident claims.
What Is Fault Or Liability For A Car Accident?
Fault and liability in a car accident involve identifying who caused the accident and injuries to the other party. If someone admits liability, they’re saying that they were at fault for the car accident as they caused it to happen. Car accidents can be caused by:
- Driver error
- Reckless driving
- Speeding
- Distracted driving
- Faulty traffic lights
Car accidents happen, but it’s not fair for you to suffer the consequences when it wasn’t your fault. Someone else’s negligence on the road can cause you to sustain injuries that impact your daily life, but a personal injury claim can help you recover compensation.
Car Accident Statistics
The graph below includes statistics that convey the number of reported personal injury road accidents in Great Britain between 2015 and 2020. The numbers reflect casualties of all severities.
As you can see, the number of reported casualties has gone down. However, there are still thousands of accidents happening each year.
The chart above shows that a significant amount of injuries from road traffic accidents happened in 2015, with 140,056 being reported. There were fewer reported road traffic accidents in 2020, with 91,199. This lower number can partly be attributed to national lockdowns occurring throughout the year. However, there was unfortunately still a large number, showing that there’s still a significant issue with the number of accidents on the road.
What Is Split Liability?
Split liability is when two people (or more) are at fault for a road traffic accident. Sometimes, car accidents are clear cut and it’s clear who’s at fault. At other times, it’s not so straightforward and more than one party may have caused the accident. If a personal injury claim is made where more than one person is at fault, it’s called a split liability claim.
A split liability claim works so that you can still claim compensation if your injuries weren’t entirely your fault. If, for example, you were 50% at fault for your injuries, you would receive 50% of the compensation amount awarded.
Similarly, if the defendant was 75% at fault and you were only 25%, you’d receive compensation reduced by 25%.
Split liability is determined by looking at how the road traffic accident happened, what injuries were sustained and what contributed to them.
Evidence is important in a personal injury claim whether there is split liability or not. Proof such as witness statements can help, as they saw exactly what happened and can help it become clearer whose fault the accident was.
How Do You Prove Fault In A Car Accident?
In order to receive compensation for a personal injury claim, you must prove the other driver was at fault for your injuries (or at least partially). You must prove that:
- They owed you a duty of care. All road users should ensure they protect others’ safety by using the roads with standard care and skill.
- They breached that duty, causing an accident.
- Your injuries were a result of that accident.
Look at The Highway Code: all drivers should understand The Highway Code safety rules and ensure they don’t break them. If they do and cause an accident, and consequently your injuries, you could claim. For example, if a driver doesn’t give enough braking room and crashes into the back of your car, they could be seen as liable.
You could prove the accident wasn’t your fault through (for example):
- Witness statements
- CCTV footage
- A police collision report
You should provide medical evidence to prove that you suffered injuries from the accident.
An example of an injury you may have suffered is whiplash, which you can claim for through an online portal thanks to the Whiplash Reform Programme. However, before you do this, get in touch with our advisors for a free estimate of how much you could claim. The Reform Programme only allows you to claim for injuries valued at £5,000 or less.
If you need more advice about how to prove you are not at fault in a car accident, you can contact our team of legal advisers to discuss your situation. They can help assess how much compensation you could receive if you weren’t at fault.
How Do You Prove Split Liability?
It’s clear that just one party is at fault for some road traffic accidents. However, for others, it can be less clear. More than one party may have caused the accident and injuries. If so, liability in a personal injury claim could be split. Essentially, if you were 25% responsible for the accident that caused your injuries, your compensation amount would be reduced by 25%.
Sometimes, both parties disagree that they are both at fault. When this happens, usually insurance companies will investigate the collision to see who was at fault. If the insurance companies can’t come to a definitive conclusion, the case could go to court.
Proving split liability would involve evidence from both sides and communication between both parties. If you’re unable to prove split liability, you could get in touch with a specialist personal injury solicitor to help with your claim. Our team of advisers is always available to offer free legal advice and discuss your situation with you.
Could You Claim If You Were At Fault?
If you were partially at fault, you may be able to make a split liability claim. However, you will be unable to claim if you were fully at fault for a car accident that caused your own injuries. To make a successful road traffic accident claim, you must have sustained injuries due to someone else’s negligence.
If you’re uninsured, you won’t be able to make a claim. If you’ve been hit by an uninsured driver, you should contact the police and the Motor Insurers’ Bureau (MIB). The MIB helps to track down uninsured drivers and can pay insured drivers compensation. What’s more, a solicitor can help you with this process.
Car Accident Compensation Calculator
In this guide, we’ve included a personal injury compensation table to portray how much compensation some injuries can be worth according to the Judicial College Guidelines (JCG). The JCG is a publication that legal professionals use when valuing claims.
| Injury: | Severity: | Notes: | Compensation: |
|---|---|---|---|
| Mental Anguish | Severe | A fear of impending death. | £4,380 |
| Post-Traumatic Stress Disorder | Severe | The person is prevented from working and living life at the level they did pre-trauma. | £56,180 to £94,470 |
| Post-Traumatic Stress Disorder | Moderate | Mostly recovered and any lasting effects are not significantly disabling. | £7,680 to £21,730 |
| Injuries to the Pelvis and Hips | Severe (i) | Extensively fractured pelvis and dislocation of lower back joint. Also ruptured bladder and a hip injury. | £73,580 to £122,860 |
| Injuries to the Pelvis and Hips | Moderate (i) | Significant pelvis or hip injury but any injury that’s permanent isn’t major. | £24,950 to £36,770 |
| Neck Injuries | Severe (i) | Incomplete paraplegia where the injured person struggles to move their neck and experiences severe headaches. | In the region of £139,210 |
| Neck Injuries | Moderate (i) | Fractures or dislocations leading to severe immediate symptoms and may necessitate spinal fusion. | £23,460 to £36,120 |
| Back Injuries | Severe (i) | Severe injury damaging the nerve roots and spinal cord, leading to serious consequences. | £85,470 to £151,070 |
| Back Injuries | Moderate (i) | Compression or crush fracture of the lumbar vertebrae with substantial risk of osteoarthritis and constant pain. | £26,050 to £36,390 |
General damages, as shown in the above table, is compensation for the injury and the psychological and physical impact. The award you could receive depends on factors such as the severity of your injury and the length of recovery and treatment.
Special damages compensate for the financial losses your injuries cause. For example, you may have suffered a loss of earnings due to taking sick leave from work.
Please note that you must provide evidence of your financial loss in order to receive special damages. An example of sufficient evidence could be bus tickets to prove that you paid out of pocket to travel to and from medical appointments.
Evidence Which Could Prove You Are Not At Fault In A Car Accident
You should always be prepared and have the knowledge of what to do in case you ever get into a vehicle accident. Evidence is essential in a personal injury claim as it can help to prove you are not at fault in a car accident. Although it may seem obvious at the time of the accident that you weren’t at fault, the other party could still deny liability.
You should have more of a chance of succeeding in your vehicle accident claim if you have sufficient evidence. A car accident lawyer can help you gather this evidence.
Common Types Of Evidence
Some common types of evidence for car accident claims are:
- CCTV footage of the incident. This can be crucial evidence to aid your personal injury claim as it shows video evidence of exactly what happened. This can help to prove you are not at fault in a car accident.
- Photos of your injuries. This could help to prove the severity of your injuries and where they occurred (for example, your arm).
- Images of damage to your car. This can help to show which part of your car was damaged, which can signify how the crash may have happened. For example, damage to the back of the car will likely indicate a rear-end collision.
- Pictures of any hazards on the road. Photos of road hazards can help prove you are not at fault in a car accident.
- Witness statements. Witness statements can be helpful in identifying causation in a road traffic accident claim. This is because they can explain what they saw when the car crash happened and who was more likely to be at fault.
- Medical reports. It’s important to provide medical evidence of your injuries. Therefore, as part of the claims process, you’d attend an independent medical assessment. A medical professional would check your injuries and refer to any relevant medical notes. They’d create a report that assesses whether your injuries could’ve been caused or worsened by the accident and how severe the injuries are.
If you would like to discuss in more depth what evidence could help you prove you are not at fault in a car accident, you can chat with our team of advisers today.
Who Is At Fault If You Were Involved In A Work Vehicle Accident?
The driver at fault for your car accident may have been operating a work vehicle. If that work vehicle was faulty because their employer neglected to ensure it was safe to use, and that’s what caused the accident, the driver’s employer could be at fault.
However, if the driver’s carelessness caused the accident and injury, then you would claim against the insurance provider.
If you need more information and advice about who is at fault if you were involved in a work vehicle accident, our team of advisers is available 24/7.
What Should You Do If You Don’t Have Proof Of Your Injuries?
If your injuries meant that you couldn’t request the other driver’s details at the time of the accident, you or your personal injury lawyer may ask the police for these details. These details may include the other driver’s registration plate, address, name, and phone number. Your personal injury solicitor could also ask the police for the contact details of witnesses so they can interview them to gather witness statements.
However, you should try to gather the other drivers’ and witnesses’ details yourself at the accident scene if this is possible. If you seek medical attention for your injuries and visit the GP or hospital, the medical staff should have put an entry into your medical records that you can use later as evidence.
However, as mentioned in our section on common types of evidence, you would attend a medical assessment as part of the claims process. If you didn’t seek medical attention after the accident, this part of the process can be particularly helpful. The medical report can be used as evidence in your personal injury claim to help prove you are not at fault in a car accident.
How Much Time Do I Have To Claim For My Injuries?
The personal injury claims time limit is generally 3 years. That means 3 years from the date you sustained your injuries or 3 years from when you discover that the injuries were due to another driver’s negligence. There are exceptions to this time limit and they include the below.
- Lack of mental capacity: If you are mentally incapacitated, the 3-year time limit starts when your recovery commences. Otherwise, someone you know can become a litigation friend to pursue the claim for you before this.
- Child accident claims: If you’re under the age of 18, the 3-year time limit begins on your 18th birthday. If you’d like to start a claim sooner, an eligible adult can act as a litigation friend to file the claim on your behalf.
The clock is ticking, so why wait any longer? You can contact our team of advisers today to receive free legal advice.
I Suffered Injuries In A Car Accident, What Should I Do?
The first action you should take after suffering injuries in a car accident is to seek medical attention. Seeking medical help will give you the best chance of recovery. The sooner your injuries are treated, the better. Seeking medical treatment is essential for your physical recovery. It can also help prove you are not at fault in a car accident.
Next, you should gather as much further evidence as you can when proving a car accident was not your fault. This could include:
- CCTV footage
- Photos of your injuries
- Witness contact details for statements
In addition, you should include evidence to prove whether you suffered financially because of your injuries. An example of this could be your payslips to prove the loss of earnings.
Finally, many claimants decide to hire a personal injury lawyer to help them with their claim. Our panel of expert personal injury lawyers is experienced in road traffic accident claims. They could help you gain more compensation for an injury claim. They can also discuss No Win No Fee agreements with you.
Claim For A Car Accident Injuries On A No Win No Fee Basis
If your claim is accepted, a solicitor from our panel would offer their services on a No Win No Fee basis. This is a contractual agreement between you and your lawyer. No Win No Fee agreements have proven to be popular among claimants as there isn’t much to lose.
In the event of an unsuccessful claim, you wouldn’t have to pay any solicitor fees at all. If the claim does succeed, you’d pay a success fee to your solicitor. This is a small percentage of the compensation and it’ll be discussed with you prior to the solicitor taking on the claim. It aims to compensate your lawyer for their hard work.
If you’d like to chat with our team of advisers about your situation, you can contact them by:
- Ringing them on 020 3870 4868. One of our advisers will be available 24/7 to offer you advice.
- Filling in our claim online form. An adviser will respond at whatever time is best for you.
- Chatting with an adviser online through our live chat pop-up box to speak about your situation instantly.
Related Guides
What Happens If You Don’t Report An Accident At Work?: Have you suffered an accident at work that you haven’t reported? Our article explores whether you can still make a personal injury claim.
Road Traffic Accident Solicitors: Our guide explains what a road traffic accident solicitor could do for you if you’ve sustained injuries due to someone else’s negligence.
Can You Sue Your Employer While Still Working For Them?: Have you suffered injuries at work due to your employer’s negligence? Our guide discusses whether you can make a claim against your employer whilst still working for them.
Broken a Bone?: Have you suffered a broken bone injury? The NHS discusses the signs and treatment of a bone fracture.
Road Traffic Act 1988: This piece of legislation includes some of the rules of the road.
Road accidents and safety statistics: A government guide.
FAQs About Car Accidents
Here, we answer some commonly asked questions.
Can you be personally liable in a car accident?
If you are at fault for the car accident, you may have a claim made against you. If you’re partially responsible for your own injuries, you could still make a split liability claim and receive a percentage of the compensation.
How is liability determined in a car accident?
Liability in a car accident is determined by evidence. This evidence proves who’s at fault for the injuries sustained to the drivers.
Who is liable in an accident?
Whoever caused the accident is classed as liable.
What happens if I’m liable for a car accident?
If you’re liable for a car accident and cause injuries against another driver, they may claim against you.
Thank you for reading our guide on how to prove you are not at fault in a car accident.
Writer HL
Checked by HT
