Car accident injury compensation claims

If someone is seriously injured in a car accident that was caused by someone else’s negligence, they may be entitled to claim compensation for their injuries and losses.

Depending on the cause and circumstances of the accident, car accident injury compensation claims can be made by:

• drivers (in claims against another driver or the highway authority);
• pedestrians;
• cyclists
• motorcyclists;
• e-scooter riders;
• passengers, in claims against their own driver or the driver of another vehicle;
• the bereaved, dependent family of someone who died in a car accident that wasn’t their fault.

In some circumstances, compensation can also be claimed by ‘secondary victims’ who experience PTSD/psychological injury from witnessing their child, parent, or partner’s death or traumatic injury in an accident.

If the driver who caused the accident was not insured to drive the car or is untraced after leaving the scene of a hit-and-run, the insurance industry will often compensate the injured victim via the Motor Insurer’s Bureau (MIB). This is because the law and the insurance industry recognise that car accidents can cause life-changing injuries, and that those who are injured by negligent drivers are entitled to compensation.

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 stop, slow down, give way or take action to avoid a collision;
• 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 turning or changing lane;
• failing to keep to the highway code;
• tailgating or driving too close to the vehicle in front;
• driving an unroadworthy car (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 maintaining safe roads, if the car accident was caused by:

• road maintenance and repair failures;
• 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 cord injury (paralysis, paraplegia, tetraplegia);
• amputation;
• major trauma and multiple injuries;
• maxillofacial injuries;
• severe scarring and disfigurement;
• burn injuries;
• PSTD and psychological injury;
• CRPS, chronic pain;
• fatal injury.

The amount of compensation that someone with car accident injuries can claim depends on the severity of their injury and disability, the costs of meeting their needs arising from their disability, their financial loss and other individual circumstances. In addition to compensation, we can often secure specialist rehabilitation for our injured client at an early stage in the claim, funded directly by the defendant’s insurers, through the Rehabilitation Code.

Our severely injured clients may be able to claim compensation for:

• pain, suffering, and disability; 
• rehabilitation costs;
• case management, care, and assessment;
• costs of specialist equipment;
• prosthetics (after amputation);
• private medical or surgical treatment;
• therapies, such as:
  • occupational therapy (OT);
  • physiotherapy;
  • speech and language therapy;
• PTSD treatment and psychological counselling;
• additional costs of suitable accommodation or home adaptations;
• specialist equipment, adapted vehicles, or assistive technology;
• financial losses, such as earnings and pension;
• Court of Protection deputyship costs;
• SEN support with special educational needs (for a child);

In claims arising from fatal injury, we help the deceased’s dependent family claim compensation for their loss of the deceased’s income or ‘services’ (childcare, housework, driving, DIY etc), as well as funeral costs and a fixed, statutory bereavement award.

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 the negligent actions of 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 in proportion to their own contribution to their injury.

Our personal injury solicitors are experts at achieving outstanding settlements for severely injured clients 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.

Examples of car accident claims involving contributory negligence in which we succeeded in recovering compensation for our injured client include:

• not wearing a seatbelt;
• car-surfing;
• pedestrians failing to wait for the red light on a pedestrian crossing;
• stepping out without properly checking that the road is clear.

Read more about how we help injured clients in claims involving contributory negligence.

We understand the challenges faced by families after a car accident causes life-changing injury. Cars are often the preferred way for families and groups of friends to travel together, which means that car accidents often affect multiple people. Depending on the circumstances, feelings of guilt, blame, and loss after a traumatic accident can put a strain on the relationships between family and friends who were affected by the accident. Claims often involve children or teenagers injured in cars that were driven by family members or friends, accidents in which multiple people were injured, or where the accident was caused by the negligence of someone who died in the accident.

The thought of making a claim in these circumstances can seem overwhelming, but our clients discover that the extensive needs of the severely injured person can best be met by compensation. Our experienced solicitors have supported injured clients and their families through difficult claims in sensitive circumstances, securing the rehabilitation that is vital to ensure their best chance of recovery, and the necessary compensation to help them manage their disability.

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

• the driver’s insurance company has a legal responsibility to pay compensation to those injured by their insured driver’s negligence, so the insurer usually handles the claim for the negligent driver;
• car accident injury claims are civil claims for compensation, not 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 someone is injured in a car accident that was caused by another driver, that driver’s insurers will be responsible for paying any compensation settlement arising from a claim.

If the driver who caused the accident was uninsured, or is untraced after a hit-and-run accident, we can help the injured person claim compensation for their injuries from the Motor Insurers’ Bureau (MIB).

Compensation in serious injury car accident claims arising from unsafe road conditions can also be claimed from:

• the highways agency (e.g. Highways England) responsible for major roads and motorways;
• the local highway authority (e.g. council) responsible for minor roads and pavements;
• 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 ( skips, spillages, debris, or items dropped from open lorries).

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 and 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.