How To Sue For A Car Accident

If you can prove that another road user was responsible for your car accident injuries, you could be entitled to compensation. To sue for a car accident, you must be able to prove another party’s negligence was to blame. Your personal injury claim will need to establish the following points with evidence:

The other road user owed you a duty of care
This duty of care was breached by the other road user through negligent behaviour
You were injured as a result of this breach

Under the Road Traffic Act 1988, road users (which includes cyclists and pedestrians as well as vehicle drivers) owe others a legal duty of care. In summary, this duty requires road users to take reasonable steps to ensure any action or decisions they make do not cause damage or harm to other road users. Under the Highway Code, all road users must follow certain regulations to ensure that they are considerate of one another.

For some examples of how road users could be liable for car accidents, please see the next section of this article.

Limitation Periods on Personal Injury Claims

It’s important to note that personal injury claim time limits could affect your ability to start your case. For most cases, this is 3 years from the day of your accident.

If your injuries were not immediately noticeable, then the time limit may start from when they were confirmed. This is known as the date of knowledge.

The time limit for starting a claim is legally applied under the Limitation Act 1980. Exceptions apply to claimants under 18 or those without the mental capacity to start legal proceedings on their own. If either of these circumstances applies, then the time limit for starting a claim is frozen. It remains frozen until the potential claimant turns 18 or recovers sufficient mental capacity to make decisions independently. Before an injured party can claim on their own, a representative may be able to start a claim on their behalf as a litigation friend. This representative is usually someone close to the victim, such as a family member or guardian.

Who Would You Sue For A Car Accident?

People who drive on Britain’s roads should have valid insurance. The most basic form of vehicle insurance is called third party insurance. It is the minimum that’s legally required in order to drive on public roads.

If you are at fault, then your insurance policy will cover for injuries and other damages caused to other parties.

If another driver is at fault for a car accident that you’ve experienced, then you can claim against that driver’s insurance provider for your injuries and damages.

For more information on how to establish grounds for negligence, please continue reading. The next few subsections discuss how different types of road traffic accidents are categorised. If you have any questions, please contact our team today and one of our specialist advisors can explain everything that this article discusses and more.

Head-On Collisions

Head-on collisions can be one of the most devastating types of road traffic accidents. Typically, they occur when a road user is travelling in the wrong direction of traffic flow, with some examples including:

Travelling in the wrong direction of a one-way street
Driving in the wrong lane of a road where oncoming traffic travels
Entering a car park through the exit or exiting through the entrance

Rear-End Bumps

Rear-end collisions happen when one vehicle goes into the back of another.

In many cases, the rear driver is often at fault for a rear-end collision, with some common causes including:

Tailgating
Misjudging stopping distance
Reckless driving

Multiple-Car Pile-Ups

Multiple car pile-ups are another type of road traffic accident involving several vehicles. Typically, a domino effect or chain reaction is created.

For example, a multi-car pile-up could be caused by a rear-end collision. If vehicle drivers just behind those involved in the rear-end collision have little time to react, then they themselves may also end up colliding with the car in front or each other.

Vehicle pile-ups may occur on any road but could be more common on dual carriageways and motorways. Here, vehicles usually travel at high speed and collisions up ahead may be difficult to spot.

Since multiple collisions take place within a multi-car pile up, it can be tricky to establish negligence in such incidents. With this in mind, please don’t hesitate to reach out to one of our specialist advisors today for a free consultation and see how else we could help your case.

What Should I Do If I Am In A Car Accident?

If you are involved in a car accident, it’s imperative that you seek medical attention for any injuries that you may have obtained as a priority. Once this is done, the following steps may be taken to give yourself the best possible chances of success when making a claim.

Collect evidence on the circumstances of the accident which can support your claim. This may include dashcam footage and witness contact details.
Also, collect available evidence of any medical treatment you received because of the accident. This could include documents like scan or x-ray results or a hospital discharge letter.
When you’ve collected the available evidence, we’d recommend hiring a solicitor. It’s preferable to hire a solicitor who is experienced in handling car accident claims. How-To-Sue can advise on potential car accident claims and connect you with our panel of experienced solicitors.

What Is The Average Payout For Car Accident Injuries?

If you’re able to start a car accident claim, it will be valued according to one or two types of damages. One type is known as general damages. The other is called special damages. Only if you are eligible to claim for general damages may it be possible to additionally claim for any special damages.

Compensation for general damages is meant to cover you for any physical harm or psychological trauma that you suffered as a result of your car accident. This payout could compensate for things like the pain your injuries are causing and subsequent treatment that you had to go through.

Injuries included for general damages could be a broken cheekbone, concussion, a broken ankle, broken forearm or broken finger.

To value a claim for general damages, the extent of the suffering you were caused will be taken into consideration. In order to determine this, a medical assessment is usually performed by an independent expert. As part of your evaluation, everything from your physical condition to your quality of life will be evaluated. This will all be written in a comprehensive report which can be used as evidence for your claim.

If you choose to work with our panel of personal injury solicitors, they can organise a medical assessment for you.

The Whiplash Reform For Vehicle Accidents

There has recently been a change in the law to how drivers and passengers over the age of 18 can claim for injuries caused in road traffic accidents. The Whiplash Reform or the Whiplash Injury Regulation 2021 means that injuries that are valued at under £5000 must be claimed for in a different manner. Please call our advisors for more information.

Calculating General Damages With A Personal Injury Claim Calculator

For personal injury claims, the Judicial College guidelines (JCG) may be used by solicitors to help calculate the value of injuries. Some examples of the compensation brackets found in these guidelines are included in the table below. Please note that this table is to be used only for guidance and the top row isn’t from the JCG.:

Injury	Notes	Award
Multiple Injuries and Special Damages	There could be more than one injury and some form of financial loss.	Up to £200,000+
Psychiatric damage (severe)	Inability to cope as trauma is grossly disabling	£66,920 to £141,240
Psychiatric damage (moderate)	Symptoms are initially serious but prognosis will be good	£7,150 to £23,270
Post-Traumatic Stress Disorder (severe)	Inability to cope as trauma is disabling	£73,050 to £122,850
Post-Traumatic Stress Disorder (moderate)	Full recovery anticipated any remaining symptoms will be minor.	£9,980 to £28,250
Elbow injuries (severely disabling)	Permanent damage has been caused	£47,810 to £66,920
Elbow injuries (less severe)	Some impairment of function but major surgery is not required	£19,100 to £39,070
Shoulder injury (severe)	Resulting in significant disability	£23,430 to £58,610
Shoulder injury (serious)	Intrusive symptoms even after surgical treatment	£15,580 to £23,430
Shoulder injury (moderate)	Limitation of movement and discomfort will last around two years	£7,410 to £11,980
Leg injury (moderate)	Complicated/multiple fractures or severe crushing injuries to one limb	£33,880 to £47,840

The compensation brackets included in the table above are based on general damages only.

Special Expenses

Whereas general damages cover physical and psychological injuries, special damages account for financial losses directly linked to your injuries and subsequent treatment.

Common expenses incurred as a result of an injury that may be recoverable can include:

Travel expenses
Medical fees
Care costs
Loss of earnings

For more advice on the potential value of your personal injury claim, you can contact our advisors. They should be able to provide an estimate for your case based on the details surrounding it.

How Long Will My Car Accident Claim Take?

After learning how to sue for a car accident, you may be wondering how long it would take to receive a settlement. The time period depends on a variety of factors, such as:

Claim complexity
Evidence strength
Severity of your injuries and their impact on your life.
Whether the other person accepts or refuses liability.
Negotiations for the compensation amount.
Whether your claim goes to court.

An experienced road traffic accident solicitor will be able to give you a rough timeline of your case. While it isn’t compulsory to make your car crash injury claim with a solicitor, it always helps to have an expert by your side. A car accident solicitor from our panel can help you in the following ways:

Explaining legal terms.
Making sure that you start your claim within the time limit.
Collecting and compiling evidence.
Handling official communications.
Providing timely updates on your case.
Arranging a medical examination for the purpose of evidence.

Working with a solicitor from our panel will help to make the claims process less intimidating so that you can focus on your recovery.

Speak to our advisors now to discuss your case and to get connected with a solicitor on our panel.

No Win No Fee Car Accident Claims

With a No Win No Fee agreement, there are no upfront or hidden fees and you don’t have to pay your solicitor’s legal fees if they’re unsuccessful in winning your case.

You’ll pay a small percentage of your payout to your lawyer if they win your claim for you. The percentage your solicitor can take is legally-capped to further ensure fairness and financial security in making your claim.

Our panel of personal injury solicitors always work on a No Win No Fee basis. To learn more, please continue reading or speak to one of our specialist advisors today.

Our Advisors Can Help Today

To see how we could help you, please don’t hesitate to get in touch with our team of friendly advisors today. They can review your situation, helping you understand your rights while giving them a better understanding of your circumstances.

If our advisors believe that you could have grounds to make a valid claim, they can appoint you with a No Win No Fee personal injury solicitor from our panel to handle your case.

So, to receive your free review or see how we could help you, please don’t hesitate to get in touch with us today. In the meantime, we hope you enjoy our guide on how to sue for a car accident.

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Additional Links

Thank you for reading our guide on how to sue for a car accident. Check out the following resources for additional support:

Find NHS services near to you to treat your injuries

You can use this section of the NHS website to find different health services near you.

Government advice on what to do if you’re in a car crash

This Government page explains what details should be exchanged if you are involved in a vehicle accident.

The Motor Insurers’ Bureau (MIB)

You may wish to contact The Motor Insurers’ Bureau for assistance in seeking compensation if you were in a car accident caused by an uninsured or untraced driver.

You can also check out other personal injury claims guides available from us. For instance, we have guides on suing a hospital, your employer or your local council if any of these parties have harmed you via negligent behaviour.

Thank you for reading our guide about how to sue for a car accident.

Car Accident Compensation Claims

How To Sue For A Car Accident

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