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Car Accident Claims

"I was a passenger in a terrible car accident...
I had broken my neck and was trapped..."

Mark Cook's Story

If you or a member of your family is suffering from an injury caused by a car accident,
our specialist personal injury lawyers may be able to help you claim compensation.
Contact The Legal Line today on 0800 032 8511 for free expert claim advice, or
complete an online compensation claim form.

 

You keep 100% of your compensation

We will not charge you a penny in legal fees

Contact us today on

0800 032 8511

for free claim advice, or by completing a claim enquiry form.

 

Who can Make a Car Accident Compensation Claim?
What Should I Do If I Have a Car Accident?
Who Is To Blame?
How do I Make a Car Accident Claim?
What If I Wasn’t Wearing My Seat Belt?
What If My Car Accident Involved a Learner Driver?
What If The Car Accident Was With the Driver of a Company Vehicle?
What If The Other Driver is Not Insured?
The Legal Line Specialist Personal Injury Lawyers
Details of Successful Car Accident Claims
Car Accident Compensation

How Much Compensation am I Likely To Receive?

Who Can Make a Car Accident Compensation Claim?

All road users have a responsibility to exercise care and consideration for other road users whilst driving, and to obey the law and highway code. Failure to do so can amount to a breach of the duty of care, known in law as negligence. If someone's negligence causes a car accident and another person is injured, the injured person is usually entitled to make a personal injury claim for compensation.

There are some accidents that are not caused by another driver, cyclist, motorcyclist or pedestrian. Sometimes the road conditions are to blame. Whilst there may be no negligence, there is a duty on local highway agencies (under S.41 of the Highways Act 1980 as amended by the Railways and Transport Safety Act 2003) to maintain the roads and, in very icy or snowy conditions, to grit certain roads to make them safer. If this is not carried out, it is sometimes possible to claim compensation.

For most adults, there is a time limit of 3 years within which a personal injury claim can be made. There are some exceptions to this rule. See our questions answered section for more information on the compensation claim limitation period, or contact The Legal Line today on 0800 032 8511 for expert claim advice on whether the circumstances of your car accident could allow you or your family to claim compensation.

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What Should I Do if I Have a Car Accident?

• Report the Accident

If a car accident occurs, especially if someone is hurt, the law requires that the police are informed as soon as possible. They will file a report on the incident and this is often very important in any legal proceedings that follow.

• Keep a Record of the Details

It is also important to record as much detail as possible, including the other party's details, contact details for any witnesses and even photographs of the vehicles if possible. Establish whether the other party has valid insurance for their vehicle, as any compensation claim you make will be made against their insurance policy. If they are uninsured, it may be possible to make a claim via the Motor Insurers Bureau (M.I.B.).

• Seek Medical Attention

If you or anyone else involved in the car accident has been injured as a result, it is important that you seek medical advice as quickly as possible. If you eventually decide to make a personal injury claim for compensation, it will be helpful to your solicitor that your injuries are documented.

• Obtain Legal Advice

The next step is to seek expert legal advice at the earliest opportunity. In every case, medical evidence will be required. It is also necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

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Who Is To Blame?

Generally, in any car accident claim, the claimant (the person making the claim) has to prove that the other party was at fault. There are some circumstances however, where the ‘burden of proof’ is reversed, meaning that the other party has to instead prove that they were not at fault. Some of these include:

• Cases where the claimant was a passenger
• A collision with a stationary vehicle
• Accidents where the other party was emerging from a minor road
• Road accident where the other party drove into the rear of the vehicle
• If the claimant was a pedestrian on a zebra crossing or at a school crossing
• A collision with a driver turning right across the claimant’s path
• A claimant who was going through a green light and was hit by another vehicle.
• Pedestrians injured whilst using a crossing with the signal in favour of the pedestrian

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How Do I Make a Car Accident Claim?

If you believe that you may be entitled to make a compensation claim in respect of injuries you sustained in a car accident, you should first seek specialist advice from an experienced personal injury solicitor. They can advise you on the best way to pursue your claim, collect all the relevant evidence and calculate the losses you have suffered.

More often than not, when a claim is put forward, the insurers for the other party will negotiate a reasonable settlement figure with your solicitor to bring the claim to a conclusion.

Sometimes however the insurers will try to deny that their client was at fault, refuse to negotiate or delay the matter. In these instances your lawyer should pursue the case through court proceedings, so long as they feel that the case has a good chance of success.

Depending upon the circumstances of the car accident, including the response from the other party’s insurers, injuries sustained etc, a personal injury claim can either be concluded in a matter of months or take a year or more.

For personal advice on whether your particular circumstances could allow you or your family to claim compensation, contact The Legal Line today on 0800 032 8511 for expert claim advice.

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What If I Wasn’t Wearing My Seat Belt?

The Legal Line would always advise any driver or passenger to wear a seat belt for safety if one is available. You can find information on the current laws regarding the wearing of seat belts on the RoSPA website. If you were the innocent victim in a car accident but were not wearing a seat belt at the time, where there was one provided, you should still be able to claim injury compensation.

The amount of compensation you are awarded will likely be affected by your decision not to use a seat belt. Generally, a deduction of 25% will be made if the seat belt would have prevented your injury, or a deduction of 15% if your injury would have been lessened by wearing a seat belt.

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What If My Car Accident Involved a Learner Driver?

For the purposes of establishing liability, learner drivers are expected to drive with the same level of skill as an average qualified driver. The duty of care is not lowered because of the learner’s lack of experience or the ability of the driving instructor.

When a car accident involving a learner driver occurs, the instructor has a joint responsibility with the learner. Examiners are an exception, as their role is not to interfere or guide the learner driver, they are only present to observe.

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What If The Car Accident Was With the Driver of a Company Vehicle?

If you were involved in a car accident with another driver and they were using their company vehicle for work at the time, you should still be able to make a personal injury claim in the normal way if they were at fault.

It may be that your compensation claim will be made against both the driver and their employer, as the employer could be held ‘vicariously liable’ (liable on behalf of the other driver), in that they should ensure their employees act responsibly.

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What If The Other Driver Is Not Insured?

It is an unfortunate fact that not every driver on the road is covered by a valid insurance policy; therefore you may be involved in a car accident with an uninsured driver.

If this is the case, it may be possible to make your claim through an organisation called the Motor Insurers’ Bureau. Visit our information page on accidents involving uninsured or stolen vehicles for advice and guidance.

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The Legal Line Specialist Personal Injury Lawyers

The Legal Line's lawyers have extensive experience in claiming compensation for victims of road accidents, including car accidents, accidents on private roads, cycling accidents, motorbike accidents, motorway accidents, accidents involving emergency vehicles and accidents involving pedestrians. They can provide expert claim advice on all areas of making a car accident claim and offer the assistance and guidance that you need.

Our lawyers have successfully pursued many car accident compensation claims on behalf of injured parties, recovering millions of pounds in damages, 100% of which is received by the claimant. They are always focused on pursuing the maximum compensation possible, whether for low impact road accidents or very serious incidents and have fought and won some high profile cases, including a car accident claim that settled £3.4m, one of the highest ever compensation awards. Please visit our client stories and news sections for details of some successful road accident compensation claims including:

• Health worker wins £390,000 with help from The Legal Line’s Solicitors - Mr Phillips suffered horrific injuries in a car accident on his way home from work, when a detached lorry trailer hit his vehicle.
• Compensation for man paralysed in car accident - Mark Cook was left wheelchair-bound after a serious road accident left him with a spinal cord injury.
• Injuries are still possible in a low speed car accident - A successful claim was made on behalf of a claimant suffering a personal injury following a car accident that occurred at a low speed.
• £4,328 for Donna Goldthorpe after an accident when she was learning to drive - Donna suffered long term whiplash injuries when another vehicle hit the rear of her instructor's vehicle at high speed.
• Kathleen James was awarded £1,705 with help from The Legal Line - A passenger in a road accident required hospital treatment for the injuries she sustained.
• Whiplash Compensation for Driver Let Down by Insurers - Our lawyers recovered compensation for the claimant, who suffered 18 months of whiplash pain, when her insurance company failed to assist her.
• Roy Keen recovered £40,000 with The Legal Line - A car accident where the claimant's vehicle was hit from behind, leaving him trapped in the vehicle and badly injured.
• Road Accident Victim Receives £4,000 Damages After M40 Collision - After suffering whiplash injuries in a motorway accident, Dave Williams appointed our solicitors to represent him and was awarded compensation.
• Successful Road Accident Claim for Incident on Private Road - A person injured on a private road in an industrial estate accessible to the public recovered compensation, despite argument from the defendants that the location was not 'a road'.
• Our Lawyers Recover Compensation for Road Accident Victim - A woman compensated for whiplash injuries she sustained in an accident approaching a motorway.
• It's Hard to Go Green - Article by one of our lawyers on responsible road use and insurance issues.
• Compensation for Whiplash Injury in Road Accident Claim - Our client suffered whiplash injuries to his neck and shoulder when another car collided with the rear of his vehicle.
• Husband and Wife Injured in Road Accident Receive Compensation - We assisted the victims of a car accident in recovering compensation for neck and back injuries.

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Details of Successful Car Accident Claims

Below you will find brief accounts of successful car accident cases handled by our specialist solicitors:

1. A pedestrian struck by a vehicle whilst speaking to the police about an earlier accident received £145,000 for serious injuries in a road accident.
2. Compensation for driver who suffered whiplash and rib injuries when another driver pulled out from a side road.
3. Motor Insurers Bureau claim for motorist injured by uninsured driver.
4. Our lawyers helped a badly injured woman involved in a multi-vehicle accident to recover damages.
5. Our client suffered long term injuries in a car accident after another driver hit her car in the rear.  She was awarded over £20,000 compensation.

• Pedestrian knocked over following road accident: Late one evening in 2003, our client was driving his family home from visiting relatives. Approaching the tail end of a queue for an earlier accident, he was involved in a minor collision with the car in front of him in the queue. The police controlling the scene decided to take details from our client and walked him to the police car at the rear of the queue. Another officer was attempting to control the traffic with some difficulty and was almost hit by a car when the driver lost control.
  
  Whilst our client was waiting with the first police officer, another car approaching the rear of the queue lost control and ploughed into our client, causing extensive injuries which required immediate hospitalisation. He received lengthy surgery to leg and arm, and further surgery later to leg and foot. He was discharged after 4 weeks but had to attend regular hospital appointments for checks and treatment and has had to undergo several further operations to try to improve flexibility. He has been advised that some of his injuries will never return to normal.
  
  The injuries left him with difficulties walking and bearing weight and he is unable to return to his work which required climbing ladders and manual work. He also had to rely on relatives to manage his allotment, and is unable to participate in his hobby of fishing due to the restricted movement.
  
  Our solicitors were able to obtain £145,000 in compensation for his injuries and ongoing difficulties.

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• Speeding driver causes car accident: Another of our clients was driving down a major road near to her home, when a motorist exited a side road at excessive speed. Failing to give way, this second car ran into the side of our client's vehicle, causing personal injury and damage to the car. As a result of the road traffic accident our client suffered whiplash and rib injuries and was absent from work for one month.

  The defendant claimed that her car was in fact stationery and that our client had hit the side of her vehicle, though the evidence clearly showed otherwise and our lawyers were able to obtain over £3,000 for our client.

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• Compensation claim against uninsured driver: In 2004 our client was involved in a road traffic accident when his car was hit by a vehicle being driven dangerously at excessive speed and which later turned out to be uninsured. Our client received both physical and psychological injuries as a result and was still suffering those injuries some 2 years later
  
  As the driver was uninsured, damages were claimed from the Motor Insurers Bureau, a separately funded body which compensates victims of uninsured drivers. We were able to secure £18,000 for our client.

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• Multi-vehicle road accident causes serious injuries: Our client was required to do a certain amount of driving to various locations as part of her normal working duties. In late 2005, she was driving to her destination when she was struck by a vehicle from the oncoming lane and not only was her car damaged but she received severe injuries as a result of this serious car accident.
  
  A sequence of events had started with debris falling from an insecure load being transported by a van travelling in the opposite direction to our client. The debris struck a second vehicle, travelling in the same direction as the van, causing it to swerve into a third vehicle. This vehicle also swerved and struck our client’s vehicle which had been proceeding in the opposite direction to all three vehicles.

  As a result of this car accident, our client sustained significant injuries which required hospitalisation. Her main injuries were a cracked breast plate and heavy bruising, which resulted in her having difficulty breathing, and an irregular heartbeat. She also sustained whiplash to her shoulder, and her knee was left bruised and swollen. She also had to be treated for shock.

  Although this was a multi-vehicle car accident and therefore involved several parties plus their insurance agencies, our solicitors who specialise in all types car accidents were able to deal with the complexities of the case and obtained over £5,000 in compensation for our client’s injuries and suffering.

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• Rear-end shunt causes personal injury to driver: In 2004, our client was unable to work for several weeks, as a result of injuries she sustained in a car accident. As her vehicle was stationary in traffic queuing on the approach to a roundabout, she was unable to avoid the car which collided with the rear of her vehicle. Neither was she able to prevent the collision of her car with the vehicle in front of her as she was shunted forward by the force of the impact. The defendant had taken no action to slow down or swerve to avoid our clients car, had failed to have due care for the safety of other road users, and later admitted total liability for the car accident.
  
  The car accident injuries our client sustained included soft tissue injuries to her neck and chest wall, as well as injuries to her back and ribs. Whilst driving home, the pain in her neck became worse and during the night, the injury to her chest caused severe discomfort. The following morning, her car accident injuries were causing so much pain that she went to see her GP who referred her for x-rays.

  Though the injuries to her neck have subsided over time, her chest injuries are unlikely to resolve completely. They have left her with a permanent inability to partake in her usual hobbies, particularly working out at the gym. She even has difficulty in carrying out the most routine of household tasks, particularly shopping, as she cannot carry heavy bags. She now has to rely heavily on her daughter and partner, and this is likely to be a permanent situation. Although she was able to return work, she is unable to sit for long periods without stretching to alleviate discomfort. She has however been able to return to swimming which has aided her recovery to some extent.

  Although liability was admitted for this car accident compensation claim, it was necessary to issue court proceedings in order to agree the level of compensation. At the hearing, our personal injury lawyers who specialise in car accident claims ensured that our client was awarded over £20,000 in compensation for injuries sustained in this car accident.

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Car Accident Compensation

If your car accident claim is successful, and our lawyers will be working hard to ensure that this will be the case, you will be entitled to a compensation award.

There are two elements to a compensation award. The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to look after your garden, play sports, walk the dog). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.

Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the accident had never occurred. It is important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed.

In serious cases, you may no longer be able to continue in your employment. This can be taken into account when damages are calculated. Costs for care, equipment, transport and housing modifications can also affect the calculations. If you are still able to work but not in the same role as before, an extra amount may be awarded for loss of ‘congenial employment’, particularly if you held a public service role such as a doctor or police officer. A court can also make a financial award to recognise that your prospects on the open labour market may be limited.

For sympathetic advice and guidance on whether you or your family are entitled to claim compensation for your injuries or loss, contact The Legal Line today on 0800 032 8511 for expert car accident claim advice.

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How Much Compensation am I Likely to Receive?

The details of each case are assessed individually, as a number of factors affect the amount of compensation awarded in a personal injury claim. These include the extent of the injury, recovery period, any loss of earnings, other losses related to the injury (for example medical expenses and care costs) and whether or not the victim was partially to blame.

Awards made in previous claims of a similar nature are used as a guideline however, together with general guidelines from the Judicial Studies Board. Our ‘How Much’ section provides further information and you can find details of previous settled cases in our news and success stories sections.

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