A car accident can change your life and can often lead to physical injuries, emotional trauma and financial woes. If you’ve found yourself in a car accident that wasn’t your fault, you might be owed compensation from those responsible. When it comes to personal injury claims, car accidents are pretty common, but still a hassle to get started. By knowing your stuff and understanding the process of claiming, you’ll have a much easier time as it progresses. In this guide, we’ll walk you through the complexities of a car accident personal injury claim, break down who is responsible, and even give you an idea of how much you could be owed.
Who can claim after a car accident?
Anyone who has been injured in a car accident that wasn’t their fault has the right to make a claim. Here are a few of the most common parties that claim:
- Drivers — If another person on the road caused the accident, drivers can make a claim.
- Passengers — If the driver or another person outside the vehicle caused the accident, passengers can make a claim.
- Pedestrians and cyclists — If you were hit by a vehicle involved in the accident and you were on the street or on a bike, you can make a claim.
- Motorcyclists — If you are on your motorbike and are injured because of another driver, you can make a claim.
Unless you have been severely injured and require immediate medical aid, it’s important that you gather as much evidence as you possibly can from the scene in order to support your claim. After the incident, be sure to keep strict documentation of records and other photographic evidence you may have gained. The best evidence you can gather is as follows:
- Medical records
- Witness statements
- Photographs of the injury
- Photographs of the scene of the accident
- Any other relevant documentation
It’s also important to know that there are some limitations to claiming compensation for a car accident that might affect your claim:
- If you were partly at fault — You might still be able to claim but your total compensation will likely be reduced according to your level of responsibility for the accident.
- If you or the other party is uninsured — Sadly, if either party is uninsured, you may need to make a claim through the Motor Insurers’ Bureau (MIB) instead of normal channels.
- In hit-and-run accidents — If the driver that caused the accident escapes the scene unidentified, it may be harder to claim. Again, you can still attempt a claim through the MIB instead.
Who is responsible for car safety?
Car safety depends on the responsibility of a few parties. Of course, drivers have the main responsibility for safety of themselves, their passengers, and others on the road. Drivers must:
- Follow traffic laws — You must keep below the speed limit, obey traffic lights and drive with care and consideration.
- Maintain the vehicle — You must keep your vehicle in good condition, ensuring brakes, tires and lights are working properly and safely.
- Avoid distractions — Ensure you don’t get distracted by using your phone, eating, drinking or taking your eyes off the road for more than a few seconds.
Though drivers are the primarily responsible party in car accidents, there are also other parties that might be held liable:
- Car manufacturers — Perhaps if a car failure caused the accident and the driver lost control.
- Road authorities — Poor road conditions like potholes or unclear signage could contribute or directly cause a road accident.
How to make a personal injury claim after a car accident?
This is our step-by-step guide to making a personal injury claim after a car accident. Don’t be put-off by the amount of steps, most of the process will be guided by a professional injury lawyer. Let’s get into it:
1. Seek medical attention
After a car accident, if you have been injured, your first action should be to seek medical attention. Whether it seems like a minor injury or not, head injuries or internal injuries may be hidden. So to ensure you haven’t any hidden injuries, be sure to see a medical professional as soon as you can.
2. Report the accident
Make sure you report the incident to the police and that they have documented it. Documentation can be essential as evidence in proving the responsible parties are at fault. You should also report the accident to your insurance company as soon as you can.
3. Gather evidence
Evidence is the lifeblood of a compensation case. By gathering the right information, your case will hold more water. In addition to photographs and witness statements, keep records of any expenses related to the accident, such as medical bills, travel costs, and lost wages.
4. Get in touch with Injury Lawyers 4U
Now is the time to contact us. We’ll guide you through the legal process and assist in gathering any extra evidence needed to support the case. We’ll also negotiate with the responsible party’s insurers on your behalf, always striving for the best settlement possible. What’s more, our no-win-no-fee policy means you won’t pay any legal fees unless we bring home the victory for you.
5. Kick-off your claim
We’ll help you initiate your claim by sending a formal notice to the responsible party’s insurance company. This notice will outline the details of the accident, any injuries it caused and the amount of compensation that you seek.
6. Begin negotiations
Once we’ve filed the claim for you, negotiations with the responsible party’s insurance company will begin. Our goal is to reach a fair settlement as quickly as possible to prevent any further suffering. If the insurance company disputes liability or offers an inadequate settlement, we might advise taking the case to court.
From here, we’ll fight to get you the best settlement possible. The time the claim will take will depend on the severity of your injuries, the liability of those responsible and more.
How long do I have to claim after a car accident?
It’s essential to act quickly after a car accident. Delaying your claim can make it more difficult to gather evidence or risk overshooting the statute of limitations. In the UK, this is generally three years from the date of the accident. This means you have three years to initiate legal proceedings; otherwise, you may lose the right to claim compensation.
There are a few exceptions to this three-year statute of limitations. If the injured party is under 18, they have three years from their 18th birthday to make a claim. If they are unable to make a claim due to mental incapacity, the time limit may be extended. And if the injuries caused by the accident aren’t discovered until later, the time limit begins upon this discovery.
How much compensation will I receive from a car accident claim?
You can get a rough estimate of how much compensation you will receive from a successful car accident injury claim by using our helpful compensation calculator.
This handy tool will let you know the general damages — the standard amount of compensation depending on the specific injury. However, the calculator won’t give you the amount of special damages — the parts of the claim that are exclusive to your injury. This can include financial hardship due to time off work, rehabilitation costs or travel costs.
Time to start a claim?
If you’ve been in a car accident that caused an injury, your life can be affected in a major way. By making a claim with Injury Lawyers 4U, you can ensure your fight for justice against those responsible won’t cost you a penny unless you win.
To discuss your car accident personal injury claim in complete confidence, contact Injury Lawyers 4U on 0333 400 4445, or fill in our contact form and we’ll give you a call back.
Frequently asked questions
Can I still make a car accident claim if the accident was partially my fault?
You can still make a claim if the car accident that caused your injury was partially your fault. However, the less involved you were in the incident, the more compensation you should expect to receive.
Do I need a lawyer to file a car accident injury claim?
You don’t have to involve an injury lawyer when making a car accident injury claim. However, it is highly recommended due to the potential complexity of the case.
Will my car accident injury claim go to court?
It really depends on if the responsible party for the car accident wants to settle your claim before it goes to court or not. If they refuse to claim responsibility, it can be harder to reach a settlement. This is when the court gets involved and a jury or judge will decide the fate.
