Personal Injury Claims: Car Accidents


author image - cai

By Cai Bradley

on Thursday 10 January 2019


Man injured after car accident

Car accidents are unfortunately quite a common occurrence across the UK and passing some sort of road traffic collision on your daily commute is not out of the ordinary.

Should you ever be unfortunate enough to be involved in an accident that was not your fault, and consequently be injured from it, you could be entitled to significant financial compensation.

This is when a personal injury compensation claim can help you. If you are injured in an accident through no fault of your own, you are entitled to financial compensation which covers any expenses or loss of earnings as a direct result of the injury.

In addition to covering any costs and a loss of earnings, a personal injury claim can also recompense you for the physical and psychological pain endured due to the incident.

A vast range of injuries are covered by personal injury claims - each with different payouts and levels of severity, depending on the case.

Here at Non Fault Claims, our team of personal injury experts and lawyers are available to guide you through the process and ensure that you have the best outcome for your particular situation.

Included in this article:

What to do After a Car Accident

How do Personal Injury Claims Work?

How Long does a Personal Injury Claim Take?

Do Personal Injury Claims Go to Court?

How Much Do Personal Injury Claims Payout?

Whiplash and Personal Injury Claims

How Much Compensation Do I Get for Whiplash?

Wave of Exaggerated Whiplash Claims

Personal Injury Claims – No Win No Fee

What Happens if My Claim is Successful?

What if Someone Makes an Injury Claim Against Me?

What to do After a Car Accident

  1. Seek medical advice straight away for your own and others’ injury or injuries (call the emergency services if necessary).
  2. If circumstances allow, gather as much information about the incident as possible (including the details of the other driver).
  3. Take photographs of the incident as physical evidence.
  4. Contact your insurers and notify them of the incident.
  5. Keep any travel receipts and receipts of expenses, as these can be recovered.

Whether you are examined by paramedics, visit the hospital or make an appointment with your GP, getting professional medical help not only ensures your safety, but it also generates all-important documentation which can support you personal injury claim.

The information you should be seeking to give you the best chance of making a justifiable claim includes: registration numbers, names and contact details of the involved parties, as well as that of any eyewitnesses.

You should also try to obtain the involved parties’ insurers, in order to allow proceedings to run as smoothly and quickly as possible.

If you cannot do so yourself, you should ideally try to ensure that someone gathers the information for you.

How do Personal Injury Claims Work?

When the dust settles and you have gathered all relevant information from the accident and have been seen by a medical professional, you can begin your claim.

Firstly, you contact your insurance company as soon as possible in order to report the incident and to initiate the personal injury claim process. The downside to claiming through your own insurer is that you may lose your no-claims bonus and you'll have to pay your excess. At Non Fault Claims, our No Win No Fee personal injury lawyers can help you avoid all this, as the accident wasn't your fault. We can help make sure the process runs smoothly, in comparison to those who have tried claiming through their insurance company but have faced many difficulties.

If the collision was the fault of another driver, your claim will be against their insurer.

Personal injury claims typically involve two types of payout. The first of those is the compensation payment for the pain caused by the injury, which varies with the severity of the injury.

Secondly, there is the all-important expenses cover. Personal injury compensation can reimburse you for lost salary earnings due to the injury, as well as any medical expenses (which are rare but can sometimes be applicable in the UK).

Personal injury claims in the UK must begin within three years of the incident, or from the date you discovered an injury that resulted from the accident, so be sure to think of the long-term impact of your injury before it’s too late.

How Long does a Personal Injury Claim Take?

As you would expect, the amount of time a personal injury claim takes to resolve varies with each situation. Keep in mind that the seriousness of the injury can also impact the timescale.

Generally, and broadly speaking, most accident and injury claims are settled within one to two years.

However, be aware that various factors can shorten or lengthen the timescale of your personal injury claim, including the complexity of the incident, whether a settlement is easily agreed and whether the case goes to court. 

For an efficient and personable service that can help manage your claim, contact us today!

Do Personal Injury Claims Go to Court?

If a settlement cannot be agreed between you and the third-party responsible for your injury, or if the third-party fails to respond to your claim, personal injury claims can go to court. 

This can be a long and tedious process, especially if there isn’t much at stake (a low amount of money for a minor injury), so your solicitor will always try to negotiate with the defendant’s legal team in order to settle the case outside of court.

Most are successfully settled without the hassle of court, but some cases are so complex that they must.

If the personal injury claim does go to court, you do not necessarily have to attend yourself unless the claim is over £25,000.

When such money becomes involved, the cases become complex and the court will probably wish to hear your version of events.

If you do have to take the claim to court, the timescale will inevitable extend. Cases are typically heard by a court within 9-12 months if it’s worth £25,000 or less, and cases worth more money will usually be prioritised and heard sooner.

There is no need to worry if you are involved in a smaller case though, as the most likely situation is that a settlement is agreed between both parties far before court becomes an issue.

How Much Do Personal Injury Claims Payout?

Personal injury claims can be worth anything from £100 to over £100,000 for more severe injuries.

The amount you receive as a settlement largely depends on the circumstances of the accident, the severity of the injury and its impact.

For example, trivial thumb injuries (with severe pain for a very short time but resolved within three months) pay out up to £1,760, whereas the loss of a thumb can result in up to £27,910.

For a more detailed and in-depth account of your personal injury, visit our Injury Payouts Guide which outlines a range of injuries and their typical compensation figure in accordance with their severity. Please note that these are guidelines from the Judicial College, and payout amounts differ from case to case, so keep in mind that your compensation payout could fall within or outside of these guidelines.

Whiplash and Personal Injury Claims

Whiplash is defined as a neck injury caused by a sudden movement of the head either forwards, backwards or sideways.

It is a common car accident injury, with the effects usually lasting a few weeks or months after the accident, but it can last longer for some people, impacting their movement greatly.

How Much Compensation Do I Get for Whiplash?

Most whiplash claims – where patients recover within three months – are worth between £300 and £1,950.

The amount of compensation you get for whiplash varies with each case, as its severity can fluctuate significantly.

Should recovery last between three months and one year, compensation can reach around £3,470, and should its effects take one to two years to wear off, the claim can reach up to £6,290. Again, these are general guidelines.

A Wave of Exaggerated Whiplash Claims

The number of whiplash claims sky-rocketed back in the early 2010s, with fraudsters attempting to make money from exaggerated (and sometimes even false) claims.

Despite it being largely publicised that premiums may rise due to these false claims, you should not be deterred from making a personal injury claim if you feel that you have a genuine case.

The UK Government have stated plans to increase the small claims court limit for whiplash injuries to £5,000 along with more rigorous medical checks in order to clamp down on exaggerated claims.

This should not affect people with genuine whiplash injuries, especially those with recorded medical documents to verify their claim.

Personal Injury Claims – No Win No Fee

We always work on a ‘No Win No Fee’ basis, also known as a conditional fee agreement.

A No Win No Fee agreement means that if your claim is unsuccessful, you will not be required to pay a contingency fee for your personal injury lawyer’s service.

Rather than you paying the lawyer, he/she will take out an insurance policy on your behalf in order to cover any costs, including the rather expensive court fees.

You will therefore be free of any hidden costs or fees should your claim be unsuccessful.

What Happens if My Claim is Successful?

If your claim is successful and compensation is awarded, legal fees are covered by the losing party who have been held liable for the incident.

Solicitors always take a percentage of the award as a success fee (capped at 25%), so that you take home the majority of the compensation.

What if Someone Makes an Injury Claim Against Me?

Opening a letter from the solicitors informing you of someone making a claim against you is never going to be pleasant and you could probably do without the hassle.

However, it is actually unlikely to leave you directly out of pocket.

This is because third-party motor insurance is legally required to drive in the UK, so the claim is likely to be covered by the vehicle insurance you should already have in place.

Despite not instantly impacting your finances directly, you will experience a rise in your insurance premiums, and your no-claims bonus will probably be lost.

So, when you receive any documentation from solicitors notifying you of a formal claim made against you, the first step should be to make your insurers aware of the situation – even if you think they already know.

If you would like to claim through us, which will cost you less and ensure you avoid losing your no-claims bonus or excess, then contact us straight away at no obligation.

Personal Injury Claims Advice

Here at Non Fault Claims, we strive to give you the highest quality of advice in order to allow your claim to run as smoothly and efficiently as possible.

Call us today or get in touch through our simple contact form and we will give you a call back at the earliest and most convenient opportunity to discuss your situation.

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Non Fault Claims can help you begin your potential claim, get in touch today!