Road Rage 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
road rage injury compensation:
Of the 3,494 reported incidents involving aggressive driving in a 12-month period, 833 resulted in serious or fatal injury. Reported road rage incidents have increased by 70% in the past three years, and 53% of people have admitted that the poor driving of others makes them angry.
What is road rage?
Road rage is a sudden violent anger provoked in a motorist by the actions of another driver or road user. Road rage might include rude hand gestures, verbal abuse, threats of violence, dangerous driving such as tailgating, vehicle damage and violent behaviour such as assault.
The Royal Society for the Prevention of Accidents advice
To avoid road rage, it is important for drivers to remain calm on the road. The Royal Society for the Prevention of Accidents (RoSPA) recommend that drivers leave plenty of time to reach their destination to avoid stress.
RoSPA also advise that drivers try to avoid assuming that other drivers' bad driving is a deliberate provocation. In the majority of cases, drivers may not realise they are acting in a provocative manner.
If you encounter road rage while driving, RoSPA strongly recommend that you do not retaliate. Avoid making eye contact with an angry driver, and if they begin to follow, do not return to your home but drive instead to a busy public place or police station.
What can I claim compensation for?
When making a compensation claim for road rage, a number of factors will be considered.
- If physically assaulted, the extent and severity of the injury
- If damage to vehicle or other property, the extent and cost of replacement or repairs
- Psychological impact of threats, intimidation etc.
If the road rage incident results a road accident involving one or more vehicles, it may be possible to make a compensation claim as you would with a more conventional accident. A personal injury solicitor will be able to pursue this matter on your behalf.
If you sustain injuries as the result of a physical assault, however, you may be able to make a claim for compensation through the Criminal Injuries Compensation Authority (CICA). A solicitor can assist you with this, but you can make a claim through the CICA yourself without professional legal assistance.
It is possible to make a CICA claim even if the identity of the attacker is unknown, in part because the compensation is paid out from public money, rather than the defendant's own pocket or that of the defendant's insurer.
Claiming for road rage as a cyclist
Cyclists are often the victims of road rage. Some motorists react aggressively to cyclists on the road. Road rage can be more dangerous for cyclists than motorists, as they cannot keep out of harm's way by staying inside their vehicle.
If the aggressive driver drives dangerously with cyclists in the vicinity, they could be seriously harmed. There have been road rage incidents where drivers have purposefully driven directly into cyclists.
Cyclists can claim for the same damages as motorists when it comes to road rage compensation claims, but cyclists may experience more severe psychological effects as a result. Cyclists may develop phobias of cycling or being on the road, and may need rehabilitation and psychological therapy to help overcome these fears.
Reporting road rage
Aggressive, threatening and dangerous driving should be reported to the police. If you decide to make a compensation claim for road rage, a police report will be an important piece of evidence in your case.
Do I have a road rage injury claim?
As a basic rule, you can make a road rage injury claim if your injury happened:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Do I have a claim? - 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.
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 road rage injury claim on their own behalf.
What if I don't know who was to blame?
You should contact a solicitor as soon as possible to discuss your options. Specialist lawyers have years of experience identifying the responsible party in cases where liability is uncertain.
The amount of money you could claim for your road rage 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 road rage 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.
What can I claim for after a road rage injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for a road rage 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 road rage injury will depend entirely on your specific circumstances.
Your road rage injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
Can I see the complete judicial college tables?
The table above (excerpted from the Judicial College Tables) shows the most common road rage injury claims. To see the complete list see: Judicial College Injury Tables.
Will a road accident claim affect my benefits?
It may. The receipt of a compensation award could affect the calculation of any means-tested benefits. One approach to protecting your benefits, would be to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Road rage injury compensation
Calculating how much compensation you can claim for a road rage 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 road rage injury claim could be worth now:
How long does a road rage claim take?
The length of time needed to process a road rage claim can vary significantly.
For example, a straightforward uncontested road accident claim could be settled in several weeks. However, if liability is denied a compensation claim can take considerably longer. On average a road accident claim will take 4 to 9 months. For more information on how long your claim could take, read: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your road rage 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.
No win, no fee - the facts
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make a road rage injury claim with:
- no upfront legal fees
- no solicitor's fees payable if your claim is not successful
- a success fee payable only if your claim is successful
No Win, No Fee is the most common way to make a compensation claim.
No win, no fee promise
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a road rage injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my road rage 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%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my road rage injury claim?
If your road rage 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.
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. road rage 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.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, 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 612 7456 or arrange a callback:
if you can claim
to start a claim
Road rage 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 do I have to make a road rage injury claim?
In general, you have a time limit of up to 3 years from the date of the road rage injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your road rage injury claim becomes 'statute barred'.
Can I claim for a road rage 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 612 7456 to find out if you are still able to claim road rage 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.
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.
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 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.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.