Car Accident Compensation: No Win, No Fee Claims

Can I make a car accident compensation claim?

Legislation has been introduced over the years to ensure that your rights are protected, such as the Road Traffic Act 1988, which details and provides clarity on the procedures you should take after a car accident and the safety measures you should put into place.

If you have been injured on the road as the result of someone else’s negligence, you could be entitled to make a road accident claim against the person or party responsible.

Common causes of car accidents

You could be eligible to make a car accident claim if you are injured on the road as a result of a variety of reasons. Here are some of the most common reasons that lead to compensation claims:

·        Other vehicle drivers – Other road users are the most common reason that accidents occur. Drivers of other motor vehicles such as motorcyclists, buses, cyclists and cars can all make errors on the road, which can lead to critical incidents.

 ·        Health and medication – Particular health conditions and medications can cause road traffic accidents. Certain types of medication can affect a driver’s concentration as they can cause dizziness or fatigue. This can lead to poor decision making or even falling asleep at the wheel, which can cause serious and sometimes fatal accidents. 

·        Pedestrians – Pedestrians can also cause car accidents as they can step out into the road, resulting in a driver needing to swerve to avoid hitting them, which can force a driver into another vehicle.

 ·        Weather conditions – Poor weather conditions, such as heavy rainfall or snow, can affect a drivers visibility or handling of the car, which heightens the chances of being involved in an incident dramatically. 

·        Road conditions – Another reason that causes car accidents to occur are neglected roads. Over time, road conditions can become damaged and they can deteriorate, which makes driving on them much less safe. It is the local authorities obligation to ensure that roads are maintained, and potholes do not occur.

Injuries caused as the result of car accidents

Road traffic accidents can result in serious and sometimes even life-threatening injuries. The severity of the injury typically depends on the nature of the car accident. The most common types of injuries you could suffer following a car accident include:

·        Head injuries – Trauma to the head has the potential to be incredibly serious as it can result in concussions and sometimes long-term brain damage depending on the force of the accident.

·        Spinal injury – Spinal injuries can be serious as they can cause life-changing injuries and can lead to loss of mobility or even paralysis.

·        Broken bones – Broken arms, shoulders, legs and even hips can happen as a result of a car accident. This is due to the fact that a car accident can put a large amount of force on your body which your bones cannot withstand, resulting in agonising bone breaks.

·        Whiplash – Whiplash injury is one of the most common injuries that are associated with car accidents. Whiplash occurs during the impact of a vehicle collision which causes your head to suddenly move due to the force. It can be painful and can last for a long period after the accident.

·        Internal bleeding – Internal bleeding can be sustained following a car accident and can have serious implications. It has the potential to be fatal if it is not treated immediately after a car accident.

·        Cuts and scrapes – Scrapes and cuts can occur as a result of car accidents. They can happen due to debris or broken glass caused by the accident. The severity of these cuts can vary depending on where they are located on your body.

·        Soft tissue injury – Soft tissue injuries are suffered when the body’s muscles, tendons or ligaments experience a degree of trauma. These injuries can happen as a result of a car accident after blunt force.

In addition to these physical injuries, you may also endure psychological injuries, which have the potential to be just as debilitating. Car accidents can be linked with guilt as you may feel as though the accident was your fault, even if that is not the truth. Post-traumatic stress disorder is another psychological injury that can be linked with accidents and can make it impossible to drive or even get back into a vehicle.

Depending on how the road traffic accident happens, the severity of the injuries sustained can vary tremendously. The speed the cars are travelling when the car accident happens will have some bearing on the severity of the injuries sustained, as well as how well equipped the vehicles are with safety features such as seatbelts, airbags and side-impact bars.

If you are suffering from one of these injuries due to any of the reasons listed above as a result of the accident, you should consider making a claim for compensation.

What should you do after being involved in a car accident?

If you have been involved in a car accident, you should:-

• Stop and remain at the scene for a reasonable period of time.
• Give your vehicle registration number, name and address, and that of the vehicle owner (if different) to anyone with reasonable grounds for asking for those details.
• Produce your certificate of car insurance to any person at the scene who has reasonable grounds to view it.
• If you do not exchange those details at the scene, you must report the incident at a police station or to a police constable within 24 hours of the accident happening.
• Report the accident to your insurance company within a reasonable time. This tends to be an explicit term in your insurance policy, and any failure to report an incident may result in your insurers refusing to cover you.
• Make sure you have the full names and addresses of the other parties involved, their vehicle registration numbers (together with make, model and colour) and the names, addresses and policy numbers of their insurance companies.
• Make sure you have the full names and addresses of any eye-witnesses involved (including all passengers), and their vehicle registration numbers (together with make, model and colour).
• Make a sketch of the accident location, to include street names, vehicle positions, the direction of travel, skid marks, collision points, and vehicle damage. Use a camera to take photos of the road layout, positions of vehicles, and vehicle damage.
• If you have been injured in the accident, you should seek medical attention to have those injuries assessed and treated as soon as possible.
• Keep receipts for any financial losses, such as vehicle damage repairs, medical treatment costs, and parking costs, and travel costs.
• If you wish to make a claim for your injuries, contact Beacon Law to speak to a specialist accident solicitor from our road traffic accident claims department.

How long do I have to make a claim for car accident compensation?

There is a three-year time limit for all personal injury claims. Your claim will become statute-barred, and you will lose your entitlement to bring a claim for compensation if you do not make a claim within three years of the accident date (or from the date on which you became aware that your injury was caused by the Road Traffic Accident)

We would recommend that you start your claim as soon as possible as the deadline relates to the settlement of the case, not the initiation of the case. If the case takes longer than expected to settle, the Court may allow for an extension past the three-year deadline.

I have been involved in an accident with an uninsured driver – What Should I do?

Following any road traffic accident, you should always request the car insurance details of the driver at fault. You should also take photographs of the accident scene and obtain witness statements if possible.

If you have been involved in an accident involving an uninsured driver or a hit and run driver, you should report the accident to the police immediately. You should also make your insurance company aware of the accident.

If you have been involved in an accident with an uninsured or untraceable driver, you can still make a claim. However, the claims process may be slightly different than normal. The process for claiming against an uninsured or untraceable driver will involve your claim being submitted through the Motor Insurance Bureau (MIB). Beacon Law can assist you in making this type of claim.

I’m unsure who was responsible for my car accident

It is important to establish that someone else was at fault and that they were to blame for your accident to be successful in a claim for car accident compensation.

Understanding who was at fault during a car accident can be difficult, especially if the other party is refusing to accept liability for the accident. If you have had an accident and you are unsure as to who is to blame, Beacon Law can discuss this with you.

Please provide us with as much information as possible regarding the accident, including any photographs or witness statements, obtained, and we will be able to advise you on your prospects of success.

In some cases, both parties may be partially to blame for an accident. In these cases, liability will be split, and you may still be able to claim compensation; however, the level of compensation awarded will be lower depending on the percentage of the blame afforded to each party to the claim.

Car accident: How much should I get?

Compensation amounts awarded in a personal injury claim will vary depending on the severity of your injuries. Lower levels of compensation will be awarded for non-serious injuries which recover quickly. The most serious, long-lasting/permanent injuries will attract a higher level of compensation. As many injuries are complex, especially those which are ongoing, it may be necessary to arrange an independent medical examination for your injuries before we can make an estimation on the value of your injuries.

There are many law firms providing compensation calculators online; however, these may not always be accurate and may give unrealistic expectations as to how much a person’s claim is worth. Each claim is different, and the level of compensation awarded will vary based on many different factors.

When valuing your injuries, we use recent case law, as well as guidelines set out by the Judicial College. We will then negotiate a settlement with the other side to ensure you receive the right amount of compensation for your injuries.

Car accident compensation claims are split into two separate types of damages – general damages and special damages.

General damages refer to the amount of compensation awarded for pain, suffering, and loss of amenity caused by your injuries.

Special damages refer to any additional losses. These losses can include:

• Costs of damage to your vehicle.
• Loss of Earnings.
• Medical Expenses.
• Costs of care and assistance if you needed help around the home due to your injuries.

It would help if you kept all receipts and invoices for your additional losses as these will be required to prove your losses.

Why choose Beacon Law to assist with your car accident compensation claim?

Beacon Law are specialist Personal Injury and Road Traffic Accident Solicitors with a wealth of experience in dealing with Road Traffic Accident Claims. We can provide you with specialist legal advice on making a claim and guide you through the process, whilst negotiating the best settlement for your accident and injuries.

Our specialist personal injury solicitors are highly experienced in handling car accident compensation claims. We have recovered substantial damages for client’s injured on the road.

We offer our services on a no win, no fee basis, which means you only have to pay our fees if we win your case for you. The fees will amount to no more than a 25% success fee plus an additional amount for ATE insurance in some cases. To find out more about making a claim for a no-win, no fee basis, have a look at the funding section on our website.

For a free, no-obligation assessment of your claim call one of our specialist personal injury lawyers today on 0330 1332 857 or complete our online enquiry form and one of our experts will call you back.

Beacon Law is authorised and regulated by the Solicitors Regulation Authority.