Car Accident Injury

What to Do After a Car Accident

Your safety comes first. If anyone is injured, call 999 immediately. Even if injuries seem minor, it is important to get checked by a doctor as soon as possible, ideally within 24 hours. Some injuries, such as whiplash and soft tissue damage, may not show symptoms straight away. A medical record created shortly after the accident is valuable evidence for any future claim.

At the scene, exchange details with the other driver, including names, addresses, insurance details, and vehicle registration numbers. Take photographs of the damage to all vehicles, the road conditions, any road markings or signs, and your injuries. If there are witnesses, get their contact details. Report the accident to the police if someone is injured, the road is blocked, or the other driver does not stop or give their details.

Keep a record of everything from the moment of the accident onwards. This includes medical appointments, prescriptions, time off work, travel expenses to hospital or doctor appointments, and any other costs you incur because of the accident. These records will help your solicitor calculate the full value of your claim. Do not post about the accident on social media, as this can be used against you.

Can I Make a Claim?

You can make a personal injury claim if someone else was fully or partly at fault for the accident and you were injured as a result. This includes the other driver, a vehicle manufacturer (for faulty vehicles), or a local authority (for dangerous road conditions). You must make your claim within 3 years of the accident, though it is best to start as soon as possible while evidence is fresh.

If the accident was entirely your fault, you cannot claim compensation from the other party. However, if both drivers were partly at fault, you can still claim. The compensation will be reduced by the percentage you were at fault. For example, if you were 20 percent at fault, your compensation would be reduced by 20 percent.

If the other driver was uninsured or untraced (for example, a hit and run), you can still claim through the Motor Insurers' Bureau (MIB). The MIB is funded by insurance companies and compensates victims of uninsured and untraced drivers. The process takes longer, but you can still receive full compensation for your injuries.

You can also claim as a passenger in a car accident, regardless of who was driving. Passengers are almost never at fault for an accident, so passenger claims are usually straightforward.

No Win, No Fee Explained

Most personal injury solicitors offer "no win, no fee" agreements, formally known as Conditional Fee Agreements (CFAs). Under a CFA, you do not pay anything upfront, and if your claim is unsuccessful, you do not pay your solicitor's fees. This means there is no financial risk to you.

If your claim is successful, your solicitor takes a "success fee" from your compensation. This is capped at 25 percent of your compensation by law. So if you receive £10,000 in compensation, the maximum your solicitor can take is £2,500. Your solicitor must explain this clearly before you sign the agreement.

Your solicitor will usually also take out After the Event (ATE) insurance on your behalf. This covers the other side's legal costs if your claim is unsuccessful. The cost of this insurance is typically deducted from your compensation if you win. Some solicitors include the ATE premium in their success fee, so make sure you understand exactly what deductions will be made.

Be cautious of claims management companies that contact you after an accident. These are not solicitors. They take a referral fee for passing your case to a solicitor, which can reduce your compensation. It is better to go directly to a solicitor.

How Much Compensation Could I Receive?

Compensation is made up of two parts: general damages for pain, suffering, and loss of amenity, and special damages for financial losses. General damages are based on the severity of your injuries, using guidelines published by the Judicial College. Minor whiplash injuries lasting less than 2 years attract compensation of £1,000 to £5,000. Moderate injuries can be worth £5,000 to £25,000. Serious injuries involving broken bones, brain injury, or spinal damage can be worth £25,000 to well over £100,000.

Special damages cover your actual financial losses, including lost earnings while you were unable to work, medical expenses, travel costs for treatment, care costs if you needed help at home, and the cost of repairing or replacing damaged property. These are calculated based on receipts and evidence, so keeping good records is essential.

For minor whiplash injuries specifically, the government introduced a fixed tariff system in May 2021. Claims for whiplash injuries lasting up to 2 years follow a set tariff, with compensation amounts ranging from £240 for injuries lasting less than 3 months to £4,215 for injuries lasting 18 to 24 months. More serious injuries or those involving additional complications are not subject to these fixed tariffs.

How Long Does a Claim Take?

The time it takes to resolve a car accident injury claim depends on the complexity of the case and whether liability (who was at fault) is disputed. Simple claims where liability is admitted and injuries are minor can be settled in 6 to 9 months. More complex claims involving disputed liability, serious injuries, or ongoing medical treatment can take 12 to 24 months or longer.

Minor whiplash claims are now processed through the Official Injury Claim (OIC) portal for claims valued at £5,000 or less. This system is designed to handle straightforward claims more quickly, and many are resolved within 6 months. However, a solicitor can still help you navigate the portal and ensure you receive the correct amount.

For more serious injuries, it is often better to wait until you have reached maximum medical recovery before settling your claim. This ensures you receive compensation that accurately reflects the full extent of your injuries. Settling too early could mean you receive less than you are entitled to if your condition deteriorates or does not improve as expected. Your solicitor will advise on the best time to settle.

Common Types of Car Accident Claims

Rear-end collisions are the most common type of car accident claim. In most cases, the driver who hits the car in front is at fault, as they should have been maintaining a safe following distance. These claims are usually straightforward because liability is clear.

Roundabout accidents often involve disputes about who had right of way. The general rule is that traffic already on the roundabout has priority, but this depends on the specific circumstances. Junction accidents are similar, with liability depending on road markings, traffic signals, and which driver had right of way.

Motorway accidents can result in more serious injuries due to higher speeds. Multi-vehicle pile-ups can be complex because it may be difficult to establish which driver caused the initial collision. If you are involved in a motorway accident, getting legal advice is particularly important.

Cyclist and pedestrian claims against drivers are also common. Drivers owe a higher duty of care to vulnerable road users, so these claims can be successful even if the cyclist or pedestrian was partly at fault. If you were hit while cycling or walking, you should seek legal advice promptly.