Can I claim for a low-speed road collision?

A low speed, or low-velocity, road accident is any collision involving vehicles travelling under 10mph.

Low velocity accidents often happen when a stationary vehicle is rear-ended by another vehicle that has failed to stop in time, for example in queuing traffic.

If you have been involved in a low-velocity impact (LVI) collision, and suffered whiplash, a sprain, strain or other injury, you may be able to make a road accident claim. You may also be able to claim for any lasting psychological trauma caused by the crash.

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Road accident injury claims

What is a "low-velocity" collision claim?

Low-velocity road accident claims have long been a difficult issue for the courts.

Compared to most road accidents, it can be harder to prove which driver was responsible for a low velocity collision.

It can also be hard to prove that the accident was forceful enough to cause your injury.

What if the insurer won't agree I've been injured?

In crashes at moderate or high speeds, the damage to vehicles and the physical injuries of the people involved will often be obvious If you have suffered a cut, sprain, fracture or more serious injury, you will know it almost immediately.

By comparison, vehicle damage in collisions at low speeds tends to be minimal, and soft-tissue injuries, such as whiplash, are unlikely to be felt until after both parties have left the scene of the accident.

When you make a low-velocity claim, the defendant's insurance company is often reluctant to agree that you have suffered an injury.

The insurer's defence is often based on the Delta Velocity (or Delta V) principle. Delta V measures the severity of a road traffic collision.

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Whiplash injury compensation claims

How does the Delta V principle work in a low speed crash?

Using engineer reports based on the Delta V principle, the insurer can argue that the speed of the collision was not significant to exert enough force to cause the injury in question.

For example, they may argue that whiplash can only be sustained at speeds over 10mph.

However, this scientific data is not conclusive.

Other research shows that the body, in particular the head and neck, sustains more g-force than the car in low-speed impacts. Therefore, as it is not impossible for injuries to occur at lower speeds, the Courts do not rely on such evidence.

As set out in the case of Armstrong and O'Connor v First York (2005), the decision often rests on the credibility of the claimant in validating their injuries.

Armstrong and O'Connor v First York

In this case, two claimants argued that they were injured when their car was hit by a bus.

A forensic motor vehicle engineer gave evidence that the car's damage was too minor to have caused the injury. The expert argued that the damage was so slight, the car was unlikely to have moved at all.

If the expert evidence was accepted, and the judge had ruled in favour of the defendant bus company, the claimants would effectively have been called liars. The judge found the claimants to be honest, and ruled in favour of the claimants, even though no error in the expert testimony was found.

The Court of Appeal agreed with the judge in the first trial, stating that "We do not have trial by expert in this country".

This decision followed earlier precedents, where eye witness statements, including the claimants' own, are often preferred to expert opinion.

How do I prove I have been injured in a low-speed collision?

It has been shown that impacts of as little as 5mph can cause significant injury.

However, if you have suffered an injury in a low-velocity road accident your symptoms may not be immediately apparent. In the case of whiplash, for example, pain in the neck, back and arms may only manifest a few days later.

Because of this, a defendant and their insurers will often use this delay in symptoms to argue that the claim is false.

To challenge this argument, you must have evidence to prove your injuries exist and that they were the result of the accident in question.

A medical assessment will help prove that your symptoms are likely to have been caused by the collision. The medical will also help determine how long your recovery will probably take, and therefore how much compensation you should receive.

Is there anything else I can do to make a stronger case?

You should tell your solicitor about previous road accidents or other injuries you have experienced. It’s also important that your version of events is consistent and not embellished. Try to be as accurate as you can about the speed you were travelling and the circumstances that led to the accident.

Making a successful low speed car accident claim

The odds of winning a low-velocity claim are less certain than most higher-speed road accident claims. Which driver was at fault can be harder to prove, and it can also be more challenging to prove the seriousness of your injuries and whether they were caused by the accident.

Working with an experienced, specialist road accident solicitor can make a critical difference to your low speed collision injury claim. We can help you start your claim on a No Win, No Fee basis today.

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. 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.