Company Car Accident Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a road accident we can help.

The purpose of this guide is to help anyone who has suffered a road accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming company car accident injury compensation:

Introduction

When you make a personal injury compensation claim following a road accident, your solicitor will seek compensation from the negligent driver's insurance company.

It does not matter whether you own the car you were driving or whether it belongs to a company - the claims process will be very similar in most cases.

You will not usually need to deal with your employer's car insurance company at all, as your 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 your injury happened:

  • in the last three years, and;
  • someone else was at fault, and;
  • that person owed you a duty of care.
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Injury claim eligibility - Common questions

What if the road accident was my fault?

If you think you were partly responsible for the road 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.

Read more about when there is uncertainty as to who is to blame.

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.

Read more

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.

Read more about claiming injury compensation on behalf of a child.

Low value company car accident injury claims - Updated June 2021

The regulations for making a lower-value road accident claim (sometimes called 'small claims') have changed.

From 31 May 2021, some lower-value company car accident injury claims should be made using the Ministry of Justice’s new Official Injury Claim Service online portal.

If you were injured in a vehicle, and the general damages for your injuries are likely to be under £5,000, the Official portal will be used to make your claim. The portal should also be used if the total value (general damages and special damages) for your claim is less than £10,000.

Claims for cyclists, motorcyclists, pedestrians and children are not affected by the new regulations.

The new process can be daunting, and we are here to help. You can still use a solicitor to calculate the value of your compensation and to help you make a low value claim through the portal.

No Win, No Fee compensation for low value company car accident injury claims

Some solicitors are no longer assisting with lower-value claims, but we can still help you make a No Win, No Fee compensation claim for a lower-value road accident claim.

Read more:

Claiming compensation through the small claims process.

How to use the Official Injury Claim portal to claim compensation

How much compensation can I claim for a company car accident injury?

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

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 a company car accident 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

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 more minor ankle injury, in isolation, you would typically receive £7,000.

However, if you have a serious shoulder injury and a more minor ankle injury, you would typically receive £15,000 + a reduced percentage of £7,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for a company car accident 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 a company car accident injury will depend entirely on your specific circumstances.

Your company car accident 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.

Can I claim for prescription costs?

Special damages?are awarded for costs or losses incurred as a result of the company car accident injury injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.?

Calculate my company car accident injury compensation

Calculating how much compensation you can claim for a company car accident 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 company car accident injury claim could be worth now:

Calculate compensation

How long does a company car injury claim take?

The length of time needed to secure compensation for a car accident can vary considerably.

A straightforward liability accepted road accident claim can settle in a few months. If liability is denied, however, it could take longer. Typically, a road accident claim should take 4 to 9 months. See: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your company car accident 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.

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:

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. Read more about making a No win, no fee 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. Your solicitor may take out insurance to ensure there will be nothing to pay.

Why do most solicitors charge 25%?

25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. company car accident injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.

What is Legal Aid available for?

In 2000, the government abolished the right to legal aid in personal injury law cases. Depending on an individual's circumstances, Legal Aid may be available for discrimination cases, criminal cases, family mediation and court or tribunal representation.

How can Quittance help?

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 accident 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, and 9.30am to 5pm on Sunday.

Call us FREE 0800 376 1001 or arrange a callback:

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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.

Read more about claiming on behalf of another person.

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.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a company car accident injury claim?

In general, you have a time limit of up to 3 years from the date of the company car accident injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your company car accident injury claim becomes 'statute barred'.

Can I claim for a company car accident injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim company car accident injury compensation.

In reality, there are a number of factors that can affect whether a car accident claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the 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.

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?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

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.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor