Car accident injury claims

If a driver, pedestrian or other road user has been seriously injured as a result of a car accident that was caused by someone else’s negligence, they may be entitled to compensation.

We have helped clients make car accident injury claims when they were:

• A car driver – if someone else caused the accident, such as another driver or the highway authority. 
• A car passenger in a private vehicle: 
  • where the driver of the same car caused the accident;
  • where another vehicle driver caused the accident;
  • where the accident was caused by someone else, such as the highway authority. 
• A passenger in a taxi;
  • where the taxi driver caused the accident;
  • where another vehicle caused accident;
  • where the accident was caused by something else – eg highway authority.
• A pedestrian;
• A cyclist; 
• A motorcyclist; 
• A pillion passenger.

Where someone has died as a result of negligence in a car accident, a claim may be made on behalf of their partner, dependants or those entitled under their estate.

We have also recovered compensation for clients who have suffered severe psychological injury from witnessing their child, parent or partner’s death or injury in an accident that was caused by somebody else.

Car accidents are often caused by one or more of the following driver errors:

• speeding or driving too fast for the road conditions;
• losing control of the car;
• failing to see a person, vehicle or obstruction on the road;
• failing to take action to avoid a collision;
• failing to stop or slow down;
• failing to give way;
• overtaking too close or in dangerous circumstances;
• failing to keep to their own carriageway, lane or side of the road;
• failing to look or signal when changing lane;
• failing to keep to the highway code;
• tailgating or driving too close to the vehicle in front;
• driving a car which was unroadworthy, (such as defective lights, indicators, tyres or brakes);
• driving whilst on a mobile phone (or otherwise distracted);
• driving under the influence of alcohol or drugs.

Claims can also be made against the council, highway authority or other agencies responsible for safety on the road, if the car accident was caused by their negligence, including:

• maintenance and repair failures, such as an unsafe or defective road surface;
• unmarked ramps or other hazards;
• unlit skips or road works.

We have helped recover compensation for clients after car accidents left them with injuries including:

• head injury, brain injury, skull fracture; 
• spinal injury (spinal fracture, SCI, paralysis, paraplegia, tetraplegia);
• amputation; 
• major trauma and multiple injuries; 
• serious orthopaedic injuries (broken bones);
• PSTD and psychological injury; 
• CRPS, chronic pain; 
• fatal injury (death). 

We investigate each client’s claim carefully and obtain expert medical evidence to ensure that we understand the full extent of our client’s injuries and the impact of any disability on their life. The amount of compensation that an injured client or a bereaved family receives depends on the injured person’s injury and their individual circumstances.

Serious injury claims may include compensation for:

• pain, suffering and disability; 
• rehabilitation costs, including:  
  • brain injury rehabilitation;
  • physical rehabilitation;
  • vocational rehabilitation;
  • educational rehabilitation;
• costs of care;
• costs of case management;
• costs of specialist equipment;
• costs of assistive technology;
• adapted vehicles and transport costs;
• loss of earnings and pension;
• medical costs;
• prosthetics (after amputation);
• special educational (SEN) support;
• cost of therapies such as:
  • occupational therapy (OT);
  • physiotherapy;
  • speech and language therapy;
  • psychological treatment and counselling;
• costs of adapted accommodation;
• costs of domestic assistance;
• Court of Protection and deputyship costs;
• (fatal cases) loss of dependency, replacing the loss of the deceased’s income and/or services, such as:
  • childcare;
  • housework or homekeeping;
  • DIY;
  • gardening;
  • driving.  
• statutory bereavement award (fatal cases);
• funeral costs (fatal cases).

Car accidents and resulting injuries can have more than one cause. When the injured person’s own behaviour was partly to blame for their injuries in an accident that was caused by someone else, this is known as contributory negligence.

Where the injured person’s contributory negligence increased their risk of harm from an accident or made their injuries worse, their compensation may be reduced by a percentage which represents their own part in causing their injury.

We are experts in achieving outstanding settlements in complex cases involving contributory negligence.

We fight insurers’ attempts to deny claims or unfairly reduce them where we believe our client deserves full or partial compensation. In cases involving severe injury, we often secure significant compensation, even if the settlement involves a reduction for contributory negligence. This financial help can be a lifeline for individuals and families affected by catastrophic injury or permanent disability, providing essential rehabilitation, specialist equipment and home adaptations, therapies, care and support.

For this reason, if you have hesitated to claim for serious injury to a partner, child or teenager who might have been partly to blame for their own injury in an accident, we encourage you to talk to us, free and confidentially, and let us advise whether we help you make a claim which will succeed in obtaining financial help. 

Common types of contributory negligence in car accident claims where we have succeeded in recovering compensation for the injured person include:

• Not wearing a seatbelt; 
• Foolish child/teenage behaviour; 
• Children lacking road sense; 
• Pedestrians failing to wait for the red light on a pedestrian crossing; 
• Stepping out without properly checking that the road is clear; 

We specialise in claims of maximum severity arising from life-changing injury and severe disability, and for clients with extensive needs for rehabilitation and ongoing care.  

We are experts in securing early funding for rehabilitation to optimise our clients’ recovery by timely, appropriate and coordinated treatment, whilst ensuring that maximum compensation is obtained to replace lost income and provide for necessary adapted housing, vehicles and equipment, therapies and care.

We are also known for the outstanding settlements we achieve in highly complex, difficult or sensitive cases, particularly involving teenagers or allegations of contributory negligence . We have supported many families through the challenges and suffering caused by devastating accidents.

We are committed to making a difference. Every client’s claim is handled with care.

We understand the challenges faced by families as they struggle to cope and adapt after a car accident causes life-changing injury. Cars are often the preferred way for families and groups of friends to travel together, so car accidents often affect multiple people. Depending on the circumstances, feelings of guilt, blame and loss after a traumatic accident can also harm the relationships between family and friends. The thought of making a claim in these circumstances can seem overwhelming, but our clients discover that the extensive needs of the injured person can best be met by compensation.

Our supportive and experienced solicitors regularly bring claims for clients in sensitive circumstances, such as:

• claims involving children and teenagers; 
• claims arising from negligent driving by family members;
• claims against friends;
• claims involving multiple people;
• claims against someone who has died.

When deciding to make a claim, many clients find it helpful to remember that:

• the driver’s insurance company has a legal/contractual responsibility to pay compensation to those injured by their insured driver’s negligence, so it is usually the insurer which handles the claim for the negligent driver;
• car accident injury claims are civil claims for compensation rather than criminal proceedings;
• in most of our clients’ cases liability is agreed and settlement negotiated without the need for court proceedings or attendance at court;
• insurer-funded rehabilitation improves the injured child, teenager or adult’s prospects of recovery, and compensation ensures that their ongoing needs will be met.

If you have been involved in a car accident that was not your fault, aside from your physical injuries you might also suffer from anxiety and/or post traumatic stress disorder (PTSD). All these injuries will be taken into consideration when calculating the amount of compensation you should receive. 

We have also recovered compensation for clients who have suffered severe psychological injury from witnessing their child, parent or partner’s death or injury in an accident that was caused by somebody else.
 

If your car accident was caused by another driver the compensation claim for your injuries is usually paid by the company they have insurance with.

In case the driver at fault doesn’t have insurance or if it’s a hit an run accident, claims for compensation can be made directly to the Motor Insurers’ Bureau (MIB). The MIB is an organisation that has been set up to provide compensation for victims of road traffic accidents (RTAs) caused by uninsured and untraced (hit and run) drivers. 

Depending on the individual circumstances of each accident, serious injury claims arising from unsafe highway conditions may be made against:

• the highways agency (such as Highways England) responsible for major roads and (smart) motorways;
• the local highway authority (such as the council) responsible for minor roads, pavements and walkways;
• a contractor carrying out building or maintenance work on the roads;
• the Ministry of Transport/government;
• utility companies (responsible for low hanging cables, burst water mains etc);
• other drivers or commercial organisations responsible for hazards or obstructions on the road ( such as skips, spillages, debris, or items dropped from open lorries)
   

It is difficult to establish exactly how long car accident claims take to settle  as it does depend on several factors like the severity of injuries and/or if the other person admits they were at fault. Calculating an average time based on cases we have worked on, it can take between a couple of months to three years or more.

On rare occasions, car accident claims might also need to be defended in court which can also have an impact on completion time. 

Regardless of the time it takes to settle, we normally obtain immediate Rehabilitation Code funding to pay for our client’s seamless move from post-accident hospital care into rehabilitation.

In most car accident cases you must start your claim within three years of the accident but we strongly recommend starting the claim as soon as possible. Whilst the accident is fresh in your mind it will give us the best chance of collecting the information needed to build a strong case. Also if you have urgent rehabilitation needs, starting a claim right away might get you the funding necessary to cover these expenses through interim payments.

There are expectations to the 3 years rule especially if the accident involves children or means a loved one can no longer decide for themselves. 

If you have any questions or you’re unsure if you have a claim or not, you can call us for free initial advice on: +44 (0)118 952 7201.

From our experience working with these types of cases for over 30 years, most car accident cases settle before reaching court. In the UK it is believed only 1% of personal injury cases go to Court, so car accident claims are only a fraction of that.

Disagreement on compensation award or the other part refusing to admit fault might sometimes push cases through the Court. Going to Court can sometimes have a positive impact however, as we might get a higher compensation amount than initially offered. 

What we sometimes encounter is that even when a Trial date is set, the claim can be still concluded before.

The first step to take is to get in touch with us to find out if we can help you with your car accident claim. Our initial consultation is free of charge and we will ask you some questions about the circumstances of the accident and the injuries you have sustained.

If we establish that you have a claim and you decide to instruct our car accident solicitors, we will then start gathering evidence for your case from witnesses, the police and medical reports from the hospital. 

Next we will notify the person or organisation at fault of your car accident and they will be allowed a period of time to investigate and advise whether they accept fault for your accident.

Once we have all the necessary information and reports about the accident and the injuries you have suffered, we will then be in a better position to advise you on the level of compensation you should expect to receive. We will contact the other party and we will start negociations.

To start the claim process all it takes is a phone call, our car accident claims experts are here to guide you through these challenging times. Call us free on 0118 952 7201 or email piclaims@boyesturner.com.