Car Accident Injury Compensation Claims Guide

Trusted Car Accident Injury Solicitors

Car accidents can have a profound impact on a person physically, emotionally, and financially. In England and Wales, personal injury compensation claims resulting from car accidents provide a vital avenue for those who people have suffered harm due to someone else's negligence. This guide focuses on the specifics of car accident injury claims, explaining how to bring a claim, who can claim, what to do if involved in a car accident, common types of injuries, and why specialist solicitors are the best to handle your compensation claim.

Who Can Claim For Car Accident Injuries?

People who have suffered injuries due to a car accident caused by another party's negligence can generally claim compensation. This includes drivers, passengers, pedestrians, and cyclists. To succeed in a claim, you must demonstrate that another party's actions or negligence were responsible for your injuries.

Bringing a claim as a result of a car accident involves several essential steps, but the first is that you only have 3 years to bring a claim against the driver of the other vehicle. This is called the limitation period ensuring enough time is allowed for the other party/ lawyer to investigate the claim and for you to have treatment and support. Once this time has passed you cannot bring a claim at all and are barred by law from pursuing a personal injury claim.

There are certain exceptions to bringing a claim against an insurer:

If you have been involved in an injury where the other driver is not insured or cannot be traced. These are claims involving the Motor Insurers Bureau, and as such, claims must be submitted within specific time frames. Please get in touch if you believe this type of claim applies to you.
If you have been involved in a road traffic accident, but you were a pedestrian or a cyclist. The person to pursue here can vary and we will discuss this when we speak to you.

Please get in touch and we can advise whether you still have time to bring a claim or who we need to bring a claim against.

If you are still within the time limit, we will then take details from you regarding the claim and discuss funding.

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Pick up the phone and call us on 0800 999 1078 or drop us an email at info@ftchronicpain.co.uk. We will spend time with you explaining the process and you can then choose if you wish to get your claim underway.

What to Do If You are Involved in a Car Accident

If you find yourself involved in a car accident in England and Wales, follow these essential steps:

Take a breath and try not to panic.
Ensure Safety - Check for injuries and prioritise safety. If possible, move vehicles out of traffic to prevent further, accidents. Do not move anyone who may have suffered a spinal injury. Consider if there is anything flammable in the area which is a danger to life.
Touch as little as possible on the person or the car, except for safety reasons.
If you have sustained serious injuries, try to stay calm and orient yourself to your surroundings if possible. Communicate, if you can, to alert someone to your presence and what hurts. When the emergency services arrive, they will be able to speak with you and attend to you immediately.
Contact Emergency Services - Call the police and, if needed, request medical assistance. The police report will be crucial for your claim. If the police deem they do not need to attend, then exchange information to make sure you have details of the other person involved.
Exchange Information - Exchange contact and insurance information with all parties involved in the accident. If someone is not willing to give you their details, take a photo with your phone of their registration number and vehicle type.
Gather Evidence - Document the accident scene with photographs, collect witness statement details if possible, save any dash cam footage and keep this information safe
Notify Your Insurer - Report the accident to your insurance company, following their procedures carefully and ensure you tell them whether you were wearing a seat belt.

Types of Injuries From Car Accidents

Car accidents can lead to a wide range of injuries of various severity, including:

Whiplash - Neck and spinal injuries caused by sudden deceleration or impact. These injuries can recover in a matter of weeks or continue to develop for months/years. Some people can suffer from permanent whiplash injuries which develop into Complex Regional Pain Syndrome (CRPS) or chronic pain conditions.
Fractures - Broken bones due to the force of the collision. These can be multiple and if they have not resolved within a certain time, can develop into a chronic pain condition.
Head Injuries - Traumatic brain injuries, concussions, and other head-related injuries.
Spinal Injuries - Trauma to the spine which can affect limb usage and dexterity.
Soft Tissue Injuries - Damage to muscles, tendons, and ligaments.
Chronic Pain Conditions - CRPS
Psychological Trauma - Emotional distress, such as post-traumatic stress disorder (PTSD) or anxiety.

Benefits of a Car Accident Specialist Solicitor

Consulting a specialist personal injury solicitor with experience in road traffic accident claims is beneficial for several reasons:

Expertise - a specialist understands the complexities of road traffic accident claims and can navigate the legal process effectively. A specialist also has extensive experience in bringing these types of claims with excellent results.
Peace of Mind - having a specialist team by your side can ease the stress of dealing with insurance companies and legal procedures, allowing you to focus on your recovery.
Compensation - a specialist with a passion for getting the best result for their clients will always secure the maximum compensation possible. Read what past clients have to say about working with FT Chronic Pain Solicitors.

Seeking the assistance of a specialist personal injury solicitor ensures you receive the best support and guidance needed to pursue your claim successfully and obtain the compensation you deserve. you have the right to seek compensation for your losses.

Car Accident Claim FAQs

What should I do immediately after a car accident?

After a car accident, ensure everyone's safety, call emergency services if necessary, exchange contact and insurance information with the other driver(s), gather evidence (photos, witness statements), and report the accident to your insurance company.

How do I know if I have a valid car accident claim?

You may have a valid car accident claim if the accident was caused by another party's negligence. It may well be you have been involved in one of the following accidents involving another vehicle, multiple vehicles, a cyclist, a pedestrian, emergency services, a motorcyclist, or a result of a defective road. We will seek to locate the other party involved to then procure a liability admission.

What compensation can I expect from a car accident claim?

Compensation will depend on the severity of your injuries and the duration of your symptoms. If your claim involves multiple injuries, different experts might be instructed to comment on whether these injuries are accident-related and how long you can expect the symptoms to continue. Financial losses such as loss of earnings, care and assistance, medical expenses, travel expenses, etc., can also be claimed and will form part of your special damages schedule.

Do I need a lawyer to handle my car accident claim?

Generally, where a lawyer is not involved, the amount of compensation may be less. A lawyer will ensure all avenues are considered and the claim is settled at the right time, i.e. when all of the evidence is available and can be assessed to determine any long-term issues you may face.

What if the other driver is uninsured or not known?

If the other driver is uninsured or untraced, i.e., they have driven away from the scene (also known commonly as a hit-and-run), you may still be able to pursue compensation through the Motor Insurers Bureau. They have two schemes where compensation can be claimed: the uninsured scheme and the untraced scheme.

What evidence do I need to support my car accident claim?

Evidence to support your car accident claim will consist of many documents and reports. They will include medical reports and may include photos of the accident scene, photos of your injuries, witness statements, police reports, medical records documenting injuries, and documentation of expenses related to the accident.

The more information you can provide for our consideration, the better.

How long does it take to settle a car accident claim?

The time to settle a car accident claim can vary based on factors like the complexity of the case, whether multiple vehicles were involved or how your recovery is. You may require surgery and a long recovery time, so all of these elements are factored in.

Can I claim compensation for long-term injuries from a car accident?

Yes, you can claim compensation for long-term injuries resulting from a car accident. This may even include a loss of earnings claim until retirement and ongoing treatment. Each case is different and will be treated as such when determining the amount to be claimed from the insurance company/third party.

What if the insurance company denies liability for my car accident?

If liability is denied and the insurer refuses to consider paying any compensation, investigations will be undertaken to determine the strength of your case and whether this is then taken before a Judge to determine.

Can I still claim compensation if I was partially at fault for the accident?

Yes, you may still be able to claim compensation even if you were partially at fault for the accident. You will only receive compensation for the amount the other side are liable such as if you were not wearing a seat belt and this impacted your injuries compensation will be reduced for your decision not to wear a seat belt. There are many circumstances where contributory negligence may apply, so, it is important we know all of the facts of your case to properly advise you.