Car and Road Accident Injury Compensation Claims
If your life or the life of a loved one has been affected by a car crash or other accident on the road, we can help.
If your injuries were caused by another driver, cyclist, pedestrian or any other road user, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a road injury compensation claim with the help and support of a personal injury solicitor.
Your solicitor will ask you about how the road accident happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.
By law, all drivers must have insurance to cover the cost of injury compensation claims. Even if you were injured by an uninsured or untraceable road user, a claim may still be possible.
We can help you make a road accident claim on a No Win No Fee basis.
In this article:
Do I have a road accident claim?
If you have been injured in a car or other accident that was not your fault, the law entitles you to claim financial compensation.
You can make a road accident claim as a driver, passenger, pedestrian, motorcyclist or cyclist.
Whether you were injured by another vehicle, pedestrian, animal, road debris or other stationary obstruction, such as a tree or utility pole, you can make a claim if your injury happened:
- within the last 3 years, and;
- someone else was to blame (even partly), and;
- that person owed you a duty of care.
Common questions about eligibility to claim:
What if I was partly to blame?
Even at the scene of an accident, it is not always obvious who was responsible for the crash.
In cases where there is fault on both sides, it should still be possible to claim compensation. These compensation claims are usually resolved with a split liability agreement.
If you were partly to blame, you can still be awarded some compensation, but the final amount may be reduced.
If it is agreed that you were 25% responsible for your injuries, for example, you would receive 25% less compensation.
Read more:
Can I claim for an injury if I'm partly to blame for an accident?
What if it's not clear who is to blame?
There may be uncertainty over who is to blame where:
- Someone else caused the accident or injury, but their identity is unknown, e.g. a hit-and-run accident, or
- The claimant may be partly responsible for the accident or for their injuries, e.g. an injured driver who was not wearing a seatbelt.
Read more:
What if there is uncertainty as to who is to blame?
Claiming compensation through the MIB if the other driver is untraceable
What if I feel the road accident was my fault?
Even at the scene of a car accident, it is not always clear who was responsible for the crash.
If both the claimant and the defendant share the responsibility for an accident, it should still be possible for a specialist solicitor to help you make a successful compensation claim.
In these cases, claims are usually settled with a split liability agreement.
The claimant will usually still be awarded some compensation, but the compensation award will be reduced. For example, if the court decides that you were 50% responsible for your injuries, you would receive 50% less compensation.
Read more:
Making a claim when there is uncertainty as to who is to blame
What if the accident wasn't caused by another road user?
Car accident injury claims are commonly caused by a negligent road user's behaviour. While reckless or drunk driving causes many accidents, you can also claim compensation in cases where the accident was not caused by another road user.
You may be able to claim car accident compensation if you have been injured because the local council or transport authority failed to maintain the road condition properly. Examples include:
- A road accident caused by a pothole
- An accident caused by dangerous road conditions, like a failure to grit icy roads
- Confusing road signs or missing road signs
Whether you are an injured cyclist, motorcyclist, driver or pedestrian, if you are unsure if you are eligible to make a car accident personal injury claim, call us on 0800 376 1001 or arrange a callback.
What if a child was injured?
The standard 3 year 'limitation period' does not apply to minors (under 18s).
With injured children, a compensation claim can be made:
- by a parent, guardian or litigation friend on behalf of the child at any time up to their 18th birthday
- by the injured child up to their 21st birthday
Read more:
Claiming injury compensation on behalf of a child.
What if the other car driver is uninsured or untraceable?
Car and road accident claims are still possible when the other road user is uninsured or untraceable.
The Motor Insurers' Bureau (MIB) is an independent body that pays road accident compensation to the victims of uninsured or unidentified drivers. The MIB is funded by contributions from car insurance premiums.
Read more:
Claiming compensation through the Motor Insurers Bureau (MIB)
How common are road accidents in the UK?
The latest 2022 Department for Transport (DfT) data shows that 25,945 car drivers and other road users in the UK were seriously injured or killed in road accidents in 2019.
Including more minor injuries, over 150,000 people suffered some level of injury on Britain's roads in the same year.
The National Travel Survey (NTS) also revealed that 10% of adult road users had been involved in an accident - 1/3 of whom suffered an injury.
How much compensation can I claim for a road injury?
The amount of money you could claim for your injury will depend on:
- the severity of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will calculate the amount of compensation you will need by considering how your injury has affected your life.
This calculation will include 'general damages' and 'special damages'.
General damages
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Physiotherapy
- Travel costs
- Costs of care
- Costs of adapting your home or car
Road accident compensation amounts
The following road accident payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.| Injury | Severity | Example | Amount |
|---|---|---|---|
| Ankle injury | |||
| Ankle injury | Minor | Minor injury with full recovery | Up to £10,960 |
| Ankle injury | Moderate | Full recovery or with mild ongoing symptoms | £10,960 to £21,200 |
| Ankle injury | Severe | Severe injury with permanent symptoms | £24,950 to £39,910 |
| Ankle injury | Very severe | Severe and permanent disability | £39,910 to £55,560 |
| Arm injury | |||
| Arm injury | Less serious | Fractured forearm | £5,280 to £15,300 |
| Arm injury | Moderate | Serious injury with long-lasting effects | £15,300 to £31,220 |
| Arm injury | Serious | Serious injury with permanent and substantial effects | £31,220 to £47,720 |
| Arm injury | Severe | Severe with serious, permanent consequences | £76,650 to £104,370 |
| Back injury | |||
| Back injury | Minor | Full recovery within 3 months | Up to £1,950 |
| Back injury | Moderate | Full recovery within 2 years | £1,950 to £6,290 |
| Back injury | Moderate | Full or nearly full recovery within 5 years | £6,290 to £9,970 |
| Back injury | Serious | Less severe disability | £22,130 to £30,910 |
| Back injury | Serious | Ligament or disc damage with permanent symptoms | £9,970 to £22,130 |
| Back injury | Severe | Chronic permanent symptoms | £30,910 to £55,590 |
| Back injury | Severe | Serious injury with permanent symptoms | £59,120 to £70,490 |
| Brain injury | |||
| Brain injury | Minor | Minimal injury with full or near-complete recovery | £1,760 to £10,180 |
| Brain injury | Less severe | Good recovery with a return to work and normal social life | £12,210 to £34,330 |
| Brain injury | Moderate | Resulting in a lower degree of dependence | £34,330 to £174,620 |
| Brain injury | Serious | Resulting in serious disability and substantial dependence on others | £174,620 to £224,800 |
| Brain injury | Severe | Very severe with the need for full-time nursing care | £224,800 to £322,060 |
| Chest injury | |||
| Chest injury | Minor | Fractured ribs or muscle injury to the rib cage and chest | Up to £3,150 |
| Chest injury | Moderate | Some permanent tissue damage but no significant long-term lung problem | £10,040 to £14,320 |
| Chest injury | Serious | Damage to the chest and lungs causing some continuing disability | £24,950 to £43,710 |
| Chronic pain | |||
| Chronic pain | Moderate | Moderate pain disorder | £16,800 to £30,690 |
| Chronic pain | Moderate | Moderate Complex Regional Pain Syndrome (CRPS) | £22,340 to £41,860 |
| Chronic pain | Serious | Serious, persisting pain disorder | £33,590 to £50,210 |
| Chronic pain | Severe | Severe Complex Regional Pain Syndrome (CRPS) | £41,860 to £66,970 |
| Facial injuries | |||
| Facial injuries | Moderate | Multiple fractures of facial bones | £11,890 to £19,090 |
| Facial injuries | Serious | Le Fort fractures of frontal facial bones | £18,980 to £29,290 |
| Facial scars | |||
| Facial scars | Minor | £3,150 to £10,960 | |
| Facial scars | Moderate | £7,270 to £23,980 | |
| Facial scars | Severe | £14,320 to £77,580 | |
| Foot injury | |||
| Foot injury | Minor | Common foot injury with full recovery | Up to £10,960 |
| Foot injury | Moderate | Metatarsal fracture with permanent symptoms | £10,960 to £19,920 |
| Foot injury | Serious | Serious, permanent injury | £19,920 to £31,250 |
| Hand injury | |||
| Hand injury | Serious | Serious hand injury | £11,520 to £23,110 |
| Hand injury | Very Serious | Very serious hand injuries | £15,620 to £27,910 |
| Hand injury | Moderate | Moderate hand injury | £4,640 to £10,580 |
| Neck injury | |||
| Neck injury | Minor | Full recovery within 3 months | Up to £1,950 |
| Neck injury | Minor | Full recovery within 1 year | £1,950 to £3,470 |
| Neck injury | Moderate | Full recovery within 2 years | £3,470 to £6,290 |
| Neck injury | Serious | Fractures or dislocations or severe soft tissue damage | £36,240 to £44,630 |
| Shoulder injury | |||
| Shoulder injury | Moderate | Fracture of clavicle | £6,290 to £10,180 |
| Shoulder injury | Serious | Dislocation | £10,180 to £15,300 |
| Shoulder injury | Severe | Brachial plexus damage | £15,300 to £38,280 |
| Whiplash | |||
| Whiplash | Minor | Full recovery within 3 months | £300 to £1,950 |
| Whiplash | Moderate | Full recovery within 1 year | £1,950 to £3,470 |
| Whiplash | Serious | Full recovery within 2 years | £3,470 to £6,290 |
| Wrist injury | |||
| Wrist injury | Minor | Wrist fracture recovering within one year | £2,810 to £3,790 |
| Wrist injury | Moderate | Taking around two years to heal completely | Up to £8,160 |
| Wrist injury | Serious | Causing permanent pain and stiffness | £10,040 to £19,530 |
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
For example:
General damages for a serious shoulder injury can be £15,000
For a less severe arm injury, in isolation, you would typically receive £4,000.
However, if you have a serious shoulder injury and a less severe arm injury, you would typically receive £15,000 + a reduced percentage of £4,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries.
Read more:
Claiming compensation for multiple injuries.
What is the average injury compensation for an injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an injury will depend entirely on your specific circumstances.
Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a road accident injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Calculate my injury compensation
Calculating how much compensation you can claim for an injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your injury claim could be worth now:
What is the road injury claim process?
Once you have chosen a personal injury solicitor to help you with your claim, your solicitor will:
- Agree on the terms under which the solicitor will represent you
- Draw up a Conditional Fee Agreement (CFA) (no win, no fee)
- Gather information and evidence about your accident
- Arrange a medical assessment
- Review the medical report outlining your injuries
- Decide whether your claim should follow the Small-Claims Track, the Fast-Track or Multi-Track protocol.
- Submit the claim notification in accordance with the relevant protocol
- Send you a form to list any costs and losses you have incurred
- Negotiate the best possible compensation settlement
What if liability is accepted?
With Fast-Track Claims, if the defendant or their insurer accepts liability, your claim will continue in the Claims Portal according to a tight deadline protocol set by the Ministry of Justice (MoJ). If required, your solicitor will try to get the insurance company to agree to fund treatment to aid your recovery.
The total claim value (general damages + special damages) is calculated. Your solicitor will use this total as the basis for the settlement negotiation.
Once a settlement figure is agreed upon, the insurance company has two weeks to pay your compensation.
Multi-track claims do not follow the same rigid timeframe. A settlement will either be agreed upon in a negotiation or a case could proceed to court.
For small-claims track claims, see the low-value claims section below.
What if liability is denied?
If liability is denied on a fast-track claim, the claim ‘falls out of the portal’. This means that further investigation will need to be carried out by your solicitor.
Further correspondence will occur between your solicitor and the insurance company.
If the defendant continues to deny liability, your solicitor may advise filing a claim with the court. Only a very small percentage of claims reach this stage. Of those claims that do, most will still settle before going anywhere near a courtroom. The insurance company may just be testing your commitment and liability can be admitted right up to the day of the court hearing.
As with fast-track claims, multi-track claims may also progress t court if liability is not agreed upon.
For small-claims track claims, see the low-value claims section below.
What if the other driver is untraceable or uninsured?
If you have been injured in a car crash or other road accident in the following situations, the Motor Insurers Bureau (MIB) may pay your road accident compensation:
- The driver who caused the car accident doesn't have insurance.
- The other driver left the scene before you could get their details.
The MIB is also responsible for paying compensation if you have been injured in a car accident involving a foreign vehicle.
You can claim compensation directly from the Motor Insurers Bureau, or with the help of a road accident solicitor.
If you would like to speak to a road accident specialist about your options, or are unsure as to whether you qualify for MIB road accident compensation, call us on 0800 376 1001.
How long does a road traffic injury claim take?
The time needed to secure compensation for a road traffic accident can vary considerably.
If the defendant accepts liability, your injury claim could be settled in a few weeks. If liability is contested, a claim can take substantially longer.
Normally a road injury claim takes 4 to 9 months.
Read more:
Changes in the law for low-value injury claims
Updated March 2022
The regulations for making lower-value claims (sometimes called 'small claims') for certain road injuries changed on 31 May 2021:
- The general damages small claims limit was increased from £1,000 to £5,000
- The general damages + special damages small claims limit was increased to £10,000
- When making a small claim, claimants will no longer be able to recover their legal costs from then from their compensation settlement.
- Claimants have the option to claim directly without the help of a personal injury solicitor.
Claims for vulnerable road users (cyclists, motorcyclists, pedestrians and children) are not affected by the changes in the law.
No Win, No Fee compensation for low value injury claims
You can make a small claim through the Ministry of Justice's Official Injury Claim Service, without the help of a solicitor.
As with making any legal claim, however, making a low-value personal injury claim can get complicated.
You will need to construct your legal case, set out your allegations, arrange for supporting medical and other evidence.
You will need to negotiate with the defendant and you could face the risk of under-settling. If you fail to collate enough supporting evidence, or if you misinterpret the law, you could lose your case.
We recommend that small claims are made with legal representation. We can help you make a No Win, No Fee compensation claim for a lower-value road accident claim.
How does no win, no fee work?
No win, no fee removes the risk from making an injury claim. If you don't win your claim, you won't have to pay your solicitor any legal fees.
Our no win, no fee guarantee
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of claiming compensation for your injury. Read more about making a No win, no fee claim
What do I pay if I win my injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my injury claim?
If your injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.
Will my solicitor charge a success fee if I win?
Working on a No Win, No Fee basis, your solicitor will charge a success fee only if they win your claim.
You agree a success fee with your solicitor before starting your claim, and the fee is deducted from your compensation settlement. You are never out of pocket.
Is there a catch?
The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.
How do personal injury solicitors get paid?
If your road accident claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.
Caring and sensitive support
Your solicitor will handle your injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Will I get advice on treatment options?
As part of the road accident claims process, your solicitor can arrange a thorough and independent needs assessment. The assessment may offer advice on treatment, access to treatments and therapies not always available on the NHS and co-ordination with rehabilitation providers, occupational therapists, physiotherapists etc
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning road injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open:
- 8am to 9pm weekdays
- 9am to 6pm on Saturday
- 9.30am to 5pm on Sunday.
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
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FREERoad accident claim FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the car accident compensation claim.
Read more:
Claiming on behalf of another person.
Can I make a claim as a car passenger?
Yes. From the point of view of making a claim, whether you were driving or were a passenger does not matter.
What matters is that you were injured, and that it was not your fault.
Read more:
Can injured car or vehicle passengers get compensation?
Will my road traffic accident claim go to court?
Highly unlikely. The vast majority of road traffic accident claims are settled by law firms and insurers before going to court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Read more:
Will my injury claim go to court and what if it does?
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Read more:
Will I have to visit a solicitor's office?
Who pays the compensation for a road accident?
Car crash compensation payouts are usually settled by the defendant's insurance company. If the defendant does not have insurance (or is untraceable), compensation is paid by the Motor Insurers Bureau' (MIB).
Can I make a claim if there was no damage to the car?
Yes. Injuries such as lower back pain and whiplash can easily be sustained in a low-speed collision where there is no obvious vehicle damage. It is even possible to sustain injuries where there is no collision at all, e.g. when a driver is forced to brake suddenly.
For example, a negligent driver's conduct may cause another road user to perform an emergency stop. A collision may be avoided, but the abrupt braking could well cause a whiplash injury, particularly if your vehicle was travelling at speed.
Can I make a claim if I wasn't wearing a seatbelt?
Yes. It is usually possible to make No Win, No Fee car accident claims even in cases where the driver or passenger was not wearing a seat belt.
However, it would likely be assumed that you contributed to the seriousness of your injuries. This is known as contributory negligence. Your compensation award will be reduced (often by around 25%). This is to reflect the amount of compensation you would have got, if you had worn a seat belt and, therefore, received less serious injuries.
Read more:
Claiming for road accident if you weren't wearing a seatbelt.
What should I do if my car insurer wants me to claim through them?
Some insurance companies have tried to deter genuine road traffic accident claimants from claiming the full car accident compensation payouts to which they are entitled. Insurance companies do not want you to make a claim and will try to minimise the compensation paid out if you do claim.
If you have already been contacted by an insurance company offering to deal directly with your car accident injury claim, remember that most insurance companies are responsible to their shareholders, not to you as the injured person.
Instructing an expert road accident solicitor gives you the peace of mind that you have an independent specialist on your side.
A solicitor has a duty of care to you, their client, and will seek to obtain the maximum amount of compensation for the harm that has been done.
If you pursue your claim through a solicitor you have the added reassurance of being represented by a professional regulated by the Solicitors Regulation Authority (SRA).
Can I claim if I had no insurance?
Maybe. As a car passenger, you can make a claim without car insurance. This is because, in most cases, car accident claim payouts are paid by the negligent car driver's insurance company, not your own insurer.
If you are a driver involved in an accident that was not your fault and you do not have insurance, the situation is more complicated. Driving without valid insurance is an offence. Whether you can still make a claim will depend on the facts of the case.
What if I didn't get the other driver's details?
If the other driver drove off without leaving their insurance details after a car accident, you may still be able to claim compensation.
Although you will be unable to make a claim against the unknown driver’s insurance company, you can claim through the Motor Insurers Bureau (MIB).
Read more:
Claiming compensation through the MIB
What if I had a crash with a foreign-registered vehicle?
If you were injured in a car crash with a vehicle registered in another country, you may still be able to make a road accident claim.
You can submit a claim under the Motor Insurers Bureau’s (MIB) Green Card scheme. This scheme enables you to claim compensation from the MIB directly, or from the UK agent of a foreign insurance company.
Read more:
MIB claims involving foreign vehicles.
What if the other driver did not have insurance or gave me false or incorrect details?
If you were injured in a car accident caused by an uninsured driver, or if the driver gave false details, you should still be able to claim for road accident compensation.
The Motor Insurers Bureau (MIB) exists to provide compensation to drivers injured by an uninsured or unidentified driver.
Read more:
Will a personal injury claim affect my car insurance?
If you have had an accident, even if you were not to blame, you will be obliged to report it to your insurer. Your insurer will take the accident into account when you renew your premium.
If the accident was not your fault it may still affect your premium, albeit to a lesser degree, as the insurer may see you as a higher risk than before.
If the injury claim includes a claim for repairs to your car, motorbike or other vehicle, it may also affect your renewal premium.
Making an insurance claim through your own insurance company is not advised. Claiming through an independent solicitor means that the claim will be made directly from the at-fault driver's insurance company. This approach is less likely to affect your premium.
Read more:
Do I have to use the insurance company’s injury solicitor?
What if the accident occurred in Scotland?
If your road traffic accident occurred in Scotland we could still help. Our expert panel includes car accident solicitors that specialise in Scottish claims.
What if I was abroad when the accident happened?
If you have been injured in a road accident whilst abroad, it will usually still be possible to make a compensation claim. However, there are a number of potential complexities that your solicitor will advise you on. These include looking into your holiday and/or car insurance cover, whether the country is an EU member state, whether you were in a packaged holiday at the time etc.
The best way to find out if you will be able to make a claim is to call us on 0800 376 1001. A solicitor will let you know where you stand. There will be no obligation to start a claim with Quittance.
References
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Legal Services. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.
