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Car Accidents Claims in the UK: What You Need to Know

1. What Are Car Accidents Claims?

Car accidents claims are legal actions taken by individuals injured or affected by a road traffic collision. The goal is to secure financial compensation for injuries, vehicle damage, and other losses resulting from the accident.

2. Who Can Make a Car Accident Claim?

You may be eligible to claim if you were:

  • A driver not at fault
  • A passenger in any vehicle involved
  • A pedestrian or cyclist hit by a car
  • A motorcyclist or scooter rider
  • A child injured in a car accident

3. When Should You File a Claim?

Ideally, file your claim as soon as possible. The legal time limit in the UK is 3 years from:

  • The date of the accident
  • Or the date you became aware of an injury

Claims for minors and those with mental incapacity have different timelines.

4. Common Causes of Car Accidents

  • Distracted driving
  • Speeding or reckless driving
  • Drunk or drug-impaired driving
  • Failure to yield or obey traffic signals
  • Mechanical failures or tyre blowouts
  • Poor road conditions

5. Types of Injuries You Can Claim For

  • Whiplash
  • Fractures or broken bones
  • Concussions and brain trauma
  • Back and spinal injuries
  • Internal bleeding or organ damage
  • PTSD, anxiety, or emotional trauma

6. What Compensation Can You Claim?

You may be entitled to claim for:

  • General damages: Pain, suffering, and loss of enjoyment
  • Special damages: Financial losses, including:
    • Medical expenses
    • Travel costs
    • Lost earnings
    • Vehicle repair/replacement
    • Rehabilitation or therapy
    • Childcare or carer support

7. Evidence Needed for a Strong Claim

  • Accident scene photos and videos
  • Medical records and diagnosis
  • Police or crash reports
  • Witness statements
  • Dashcam footage
  • Proof of expenses or income loss

8. How to File a Car Accident Claim

  1. Seek medical attention immediately
  2. Report the accident to police and your insurer
  3. Collect evidence (photos, statements, medical records)
  4. Contact a solicitor for legal advice
  5. Submit your claim through the responsible party’s insurer
  6. Negotiate settlement or go to court if needed

9. Dealing with Insurance Companies

Insurers may:

  • Offer a low initial settlement
  • Deny liability
  • Delay payment
  • Try to discredit your claim

A solicitor helps you counter these tactics and secure fair compensation.

10. No Win, No Fee Claims Explained

Most solicitors work on a no win, no fee basis:

  • No upfront payment
  • Legal fees taken from your compensation
  • If you lose, you don’t pay anything

11. What If the Other Driver Was Uninsured?

You can still claim through:

  • Your uninsured driver insurance
  • The Motor Insurers’ Bureau (MIB) in the UK

Your solicitor can guide you through this alternative process.

12. What If You Were Partially at Fault?

You can still make a claim under contributory negligence rules. Your compensation will be reduced by your percentage of responsibility.

13. Average Time to Settle a Claim

  • Simple injuries: 3–6 months
  • Moderate injuries: 6–12 months
  • Serious or disputed claims: 12–24 months

Delays can occur due to medical assessments, liability disputes, or insurer negotiation.

14. Going to Court: When and Why

Most claims settle out of court. However, your case may go to trial if:

  • Liability is heavily disputed
  • The insurer won’t offer a fair amount
  • You’re claiming significant long-term damages

Your solicitor will prepare and represent you.

15. Psychological Effects of Car Accidents

You can claim for:

  • Anxiety
  • PTSD
  • Depression
  • Sleep issues

These must be medically documented to be compensable.

16. Claiming for a Minor in a Car Accident

Parents or guardians can file claims on behalf of children. Courts must approve any settlement, and the 3-year time limit begins on the child’s 18th birthday.

17. How Much Compensation Can You Receive?

Examples from the Judicial College Guidelines:

  • Minor whiplash: £1,000 – £3,500
  • Moderate back injury: £12,000 – £26,000
  • Serious brain injury: £140,000+
  • Loss of limb or amputation: £85,000 – £280,000

The total payout includes both general and special damages.

Frequently Asked Questions

Q1: Can I claim if I didn’t go to hospital after the crash?
Yes, but medical evidence is required. See a doctor as soon as possible and keep records.

Q2: What if the accident was partly my fault?
You may still claim. Your compensation will be reduced proportionally.

Q3: Do I need a lawyer to make a car accident claim?
It’s not required, but legal help often results in faster settlements and higher payouts.

Q4: Can I claim as a passenger?
Yes. Passengers are usually not responsible and can claim against the at-fault driver.

Q5: Can I claim if I was driving for work?
Yes, but it may be considered a workplace injury. Your solicitor will determine the correct legal route.

Q6: What happens if the other driver flees the scene?
You can still claim through the Motor Insurers’ Bureau (MIB) if the driver is untraceable.

Conclusion

Car accidents claims help victims recover from physical, emotional, and financial hardship. By acting quickly, collecting evidence, and consulting a skilled solicitor, you can claim what you’re truly entitled to. Don’t let insurers underpay—know your rights and claim your compensation.

Trisha Lee

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