Motor Vehicle Accident And Injury Claims Explained
By Stephen Moreau. Last Updated 7th February 2024. Welcome to our motor injury claim guide. Have you been in a road traffic accident that wasn’t your fault? If your answer is ‘yes’, then you could look at filing a compensation claim.
That’s what this guide will explain, as it covers everything from road accident statistics to claim criteria and potential settlement figures. By reading this guide, you may receive the necessary knowledge to confidently claim personal injury compensation.
Before reading the guide, keep in mind that you can discuss a motor injury claim with UK Law at any time. Our advisors are on-hand 24/7 to give free legal advice. What’s more, you’ll be under no obligation to proceed with the services of our panel of personal injury solicitors after getting in touch.
We can assist you whenever you’re ready. Simply:
- Call us on 020 3870 4868;
- Use the Live Chat feature;
- Or fill out our online form.
Just remember that you’re under no pressure to file a motor injury claim just because you speak to our advisors. The final decision should be yours on whether or not to pursue legal action against the defendant.
Services And Information
- What Are Motor Vehicle Accident And Injury Claims?
- Car Accident Compensation
- Untraced Driver And Uninsured Motor Vehicle Accident And Injury Claims
- How Much Time Do I Have To Begin My Claim?
- Claim For A Motor Injury On A No Win No Fee Basis
- Other Information
What Are Motor Vehicle Accident And Injury Claims?
If you’ve been injured in a car accident or another type of vehicle accident, you may be eligible to claim compensation if the accident was caused by another road user breaching their duty of care.
Road users owe each other a duty of care to use the roads responsibly to avoid causing harm to one another. They should also adhere to the Road Traffic Act 1988 and follow the rules established in the Highway Code.
Your potential claim will need to prove that another road user breached the duty of care they owed you at the time of the accident, and this caused your injuries.
If you speak to our team of advisors, they can talk you through the process for personal injury claims, and they may also connect you with one of the solicitors on our panel if they establish you have a valid case.
For more advice about motor vehicle accident and injury claims, you can contact our team for free either online or by calling us.
Car Accident Compensation
A successful claim for car accident compensation could comprise of:
- General damages: An amount to compensate you for the pain and suffering that your injuries had caused
- Special damages: An amount to compensate you for any financial losses that are caused by your injuries
For car accident claims in England or Wales, legal professionals will value your injuries using a publication called the Judicial College Guidelines (JCG). You can find figures from the JCG in the table below. However, how much compensation you may receive is assessed on a case-by-case basis, so these figures are not guaranteed. Please note as well that the first and last two entries in this table are not based on the JCG.
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Serious | Up to £1,000,000+ | If you have sustained multiple serious injuries in a motor vehicle accident, then you may receive a payout covering all of these as well as related special damages, such as the cost of home care. |
| Brain Injury | Very Severe (a) | £282,010 to £403,990 | Permanent brain damage that significantly impacts the victim's life & mental capacity. |
| Paraplegia | Severe (b) | £219,070 to £284,260 | Permanent paralysis reducing movement within the body & causing a reduction in life expectancy. |
| Back Injury | Severe (a) (i - iii) | £38,780 to £160,980 | Significant spinal cord damage requiring surgery & potentially preventing the victim from walking again. |
| Arm Injury | Injuries Resulting in Permanent and Substantial Disablement (b) | £39,170 to £59,860 | An arm injury that sees the victim suffer permanent nerve damage, thus limiting movement within the affected arm. |
| Neck Injury | Severe (iii) | £45,470 to £55,990 | The award considers how long the claimant suffered with the most serious symptoms, how much treatment was required and the prognosis. |
| Hip and Pelvis | Severe (iii) | £39,170 to £52,500 | This bracket includes various hip and pelvis injuries, such as a fracture that causes degenerative changes and leg instability. |
| Severe leg injuries | Moderate (iv) | £27,760 to £39,200 | The award considers the extent of treatment, impact on employment, degenerative changes, future surgery, imperfection union of fractures, muscle wasting, limited joint movements, knee instability, unsightly scarring, and increased vulnerability to future damage. |
| Whiplash Tariff | With a minor psychological injury | £4,345 | This tariff is for claimants that have suffered whiplash with a minor psychological injury with symptoms lasting between 18-24 months. |
| Whiplash Tariff | Without a psychological injury | £4,215 | This tariff is for claimants that have suffered a whiplash injury with symptoms lasting between 18-24 months. |
Special damages you could claim for include:
- Loss of earnings
- Treatment or care costs
- Requiring modifications to your home
- Travel expenses
If you would like to learn more about how to make a road traffic accident compensation claim, please contact one of our advisers.
The Whiplash Reforms
Your car accident claim may be impacted by the Whiplash Reform Programme. This changed how a car accident claim for certain injuries is made in England and Wales. The reforms apply to those aged 18 or older who suffered injuries valued at £5,000 or less as a driver or passenger of a vehicle. This includes whiplash and minor soft-tissue injuries. If this applies to you, your claim will now be made via a different avenue.
Your whiplash injuries will be valued in line with the tariff set out in the Whiplash Injury Regulations 2021. These are fixed amounts.
Any additional injuries you suffered that are not covered by this tariff will be valued traditionally. Later in this guide, we look at how personal injury claims are valued.
If you are unsure which avenue you should take when making your road traffic accident claim, you can contact our advisors today.
Untraced Driver And Uninsured Motor Vehicle Accident And Injury Claims
When making a motor injury claim, it’s easy to assume that the client will have been able to take down the defendant’s details. Additionally, they may assume that the defendant has a policy from an insurance company. However, what if this isn’t the case?
What if the driver goes untraced by escaping the scene after a hit-and-run accident? Or perhaps the driver is known, but they don’t have insurance? Could the victim still file a claim?
The simple answer is yes. For cases involving untraced or uninsured drivers, the would-be client would go through the Motor Insurers’ Bureau (MIB) to make a claim. That’s because the MIB specifically deals with claims involving untraced and uninsured drivers. A solicitor could support you with this.
Therefore, the person suffering injuries could still claim with the knowledge that they may receive the justice they deserve. Our panel of road traffic accident solicitors can also assist in the claim process; call us on the number above for legal advice.
How Much Time Do I Have To Begin My Claim?
You should be aware of what the time limit is to file your motor injury claim. The personal injury claims time limit is generally three years. This dates from when the accident happened or from the date of knowledge. The latter is the date that you become aware that negligence at least contributed to your injuries.
Note that this doesn’t mean the claim has to reach its conclusion within a 3-year timeframe.
We should point out that the rules aren’t the same for everyone. Indeed, the time limit differs slightly when it comes to children and those lacking mental capacity.
This is because those under 18 can’t legally file claims themselves. However, certain adults could claim on their behalf as litigation friends. If the child turns 18 and nobody claimed on their behalf already, they would have 3 years from their 18th birthday to claim.
Meanwhile, those who lack the mental capacity to claim could do so when they recover. They’d have 3 years from the date of recovery. However, a litigation friend could make a claim on their behalf while they lack mental capacity.
Contact us for further insight on this topic.
Claim For A Motor Injury On A No Win No Fee Basis
If you’re filing a motor injury claim, we suggest you do so with a No Win No Fee solicitor. Now, many potential claimants worry about the costs of taking legal action with a solicitor. Furthermore, they may have financial struggles beforehand, perhaps as a direct result of their road accident.
Therefore, making a claim could seem too daunting a prospect to consider. However, that’s why our panel offer their services under a No Win No Fee agreement.
How does this work?
Firstly, our panel of car accident solicitors will assess the potential success of your claim. If it is strong, they could take your claim under the terms and conditions of their No Win No Fee agreement.
This means that if the claim wins, you pay a success fee to your personal injury solicitor. The success fee has a legal cap so you don’t lose a significant amount of your settlement.
However, if the case happens to be unsuccessful, you don’t pay any solicitor fees whatsoever, hence the term No Win No Fee.
Furthermore, you don’t pay any hidden costs, and you wouldn’t pay any solicitor fees before or during the case. Drop us a message to find out more about No Win No Fee agreements.
Other Information
This motor injury claim guide aims to help you understand the claims process. However, we recognise that you may still want additional information. That’s why we provide the following sources from our own website and credible external sources.
- Starting with our site, we have a page all about car accident claims.
- We also go into detail on cycle accident claims.
- Furthermore, we spotlight the subject of a medical report for a compensation claim.
- Meanwhile, the NHS has a breakdown of whiplash.
- The Government’s website goes into detail on interim payments.
- Finally, you can learn more about the work of the Motor Insurers’ Bureau (MIB).
Thank you for reading our motor injury claim guide.
