A Guide to Claiming Company Car Accident Compensation
Updated: Sep 2, 2019
The following guide sets out what you need to know about making a company car accident compensation claim.
When an injured person makes a personal injury compensation claim following a road accident, they will seek to be compensated by the negligent driver's insurance company.
It does not matter whether the claimant owns the car they are driving or whether it belongs to a company - the claims process will be very similar in most cases.
A claimant will not usually need to deal with their employer's car insurance company at all, as the employer is likely to deal with the claim.
Seeking medical attention
An injured person should always seek immediate medical attention as a matter of priority. This will also formally document the injuries.
When starting a claim, the claimant will undergo a medical examination from an independent professional appointed by their solicitor. The medical professional will provide a medical report of the claimant's injuries and recommend further treatment if necessary.
Proving the other driver is liable
In order to make a successful claim, a claimant must be able to prove that the other driver was responsible for the accident.
Collating as much evidence as possible to support the claim is part of the solicitor's role. CCTV footage from surrounding buildings could help support the case, witness statements and photographs of the scene can help.
The employer's insurance policy may include legal protection and the insurer may even try and recommend a personal injury solicitor. However it is often recommended that a claimant chooses their own legal representative to avoid a conflict of interest.
Do I have a company car accident injury claim?
You should be eligible to make a company car accident injury claim if the injury happened:
- in the last three years and,
- someone else was at fault.
Even if these two points don't apply to you, you may still be able to make a claim.
To find out for sure, speak to a company car accident injury claim expert on 0800 612 7456.
A short call will confirm whether you have a claim. You will never be pressured into making a claim.
Alternatively you can try our Online Claim Checker.
What if I was partly to blame?
If you think you were partly responsible for the accident or for your injury, it should still be possible to make a claim.
In these cases, claims are usually settled with a split liability agreement.
For example, if you were 50% responsible for your injuries, you would receive 50% less compensation.
What if the driver was uninsured or untraceable?
If the driver responsible for the injury is either uninsured or untraceable, a claim can be pursued through the Motor Insurers' Bureau (MIB).
The MIB is an independent body that pays road accident compensation to the victims of uninsured or untraced (unidentified) drivers.
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a company car accident injury claim on their own behalf.
The amount of money you could claim for your company car accident injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your company car accident injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in general damages and special 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 are for financial losses and expenses you have incurred as a result of the accident.
See a list of what you can claim for:
Examples of special damages include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Find out what your claim could be worth now
Assessing a claim's value at the outset can be complicated.
If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.
Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.
Caring and sensitive support
Your solicitor will handle your company car accident injury case 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.
What if the other driver can't be traced or is uninsured?
If the driver of the other vehicle cannot be traced or is uninsured, a claim can be pursued through the Motor Insurer's Bureau (MIB).
Applications to the MIB can be made directly and without the help of a personal injury solicitor. However, it can help to get legal advice in the first instance to get a better understanding of your circumstances.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
In a road accident
If you are thinking of making a road accident claim, there are some key points to be aware of:
If you are thinking of making a work accident or injury claim, there are some key points to be aware of:
Other claim types
Find details on another type of claim:
No win, no fee - the facts
Under a no win, no fee agreement (known as a 'Conditional Fee Agreement' or 'CFA') you can make a company car accident injury claim without having to worry about upfront legal fees. If your company car accident injury claim is unsuccessful you won't have to pay any money to your solicitor.
No win, no fee promise
If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of making a company car accident injury compensation claim.
What do I pay if I win my company car accident injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my company car accident injury claim?
If your company car accident injury claim is not successful then you won't have to pay your solicitor any fees.
How can Quittance help?
Our highly experienced panel of solicitors have an excellent track record of winning road accident claims. Your solicitor will fight for the best possible compensation settlement for you.
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, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:Call me back
No Win, No Fee
to start a claim
Company Car Accident Injury 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 claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long will my claim take?
The length of time needed to secure compensation can vary considerably.
For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.
Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.
Taken from average case times, this table sets out approximately how long personal injury claims take to settle:
Personal injury claim type
Estimated claim duration*
4 to 9 months
6 to 9 months
12 to 36 months
12 to 18 months
6 to 9 months
3 to 4 months**
12 to 18 months**
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by Quittance’s solicitor panel are settled out of 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.
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.
Can I get an interim compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim interim compensation payments.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
Read more about this Quittance Legal Expert