Motor Vehicle Accident And Injury Claims Explained
By Stephen Moreau. Last Updated 13th December 2024. Welcome to our motor vehicle accident and injury claims 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?
Motor accident claims can be made after a road traffic accident when negligence has occurred. Negligence is when you are injured due to a liable third party breaching their duty of care.
When on the roads, all road users owe one another a duty of care. To adhere to their duty of care, all road users must follow the rules that are in The Highway Code and the Road Traffic Act 1988, such as not exceeding speed limits or not driving while intoxicated, in order to keep one another safe.
As such, here are the motor accident claims eligibility criteria:
- A road user owed you a duty of care.
- The road user breached their duty of care by acting negligently.
- You suffered an injury as a direct result of this breach.
So, if you have been in a motor vehicle accident and believe you meet the above criteria, please contact us today. An advisor can go through your circumstances with you and determine your claim eligibility.
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 |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Serious | Up to £1,000,000+ |
| Brain Injury | Very Severe (a) | £344,150 to £493,000 |
| Paralysis | Paraplegia (b) | £267,340 to £346,890 |
| Back Injury | Severe (a) (i) | £111,150 to £196,450 |
| Arm Injury | Injuries Resulting in Permanent and Substantial Disablement (b) | £47,810 to £73,050 |
| Neck Injury | Severe (iii) | £55,500 to £68,330 |
| Hip and Pelvis | Severe (iii) | £47,810 to £64,070 |
| Leg | Severe (b) (iv) | £33,880 to £47,840 |
| Whiplash Tariff | With a minor psychological injury | £4,345 |
| Whiplash Tariff | Without a psychological injury | £4,215 |
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, as stated in the Limitation Act 1980. This dates from when the accident happened.
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 from out panel. 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 a specific type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
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 vehicle accident and injury claims guide. Please get in touch with any further questions.
