Car Accident Claims

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



Mark C'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  expert claim advice, or complete an online compensation claim form.


Contact us today on


0800 032 8511



for  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 personal injury news sections for details of some successful road accident compensation claims including:


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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.

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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.


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 personal injury news and success stories sections.


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