Road traffic accidents can leave you with physical and psychological injuries. Whilst some people involved in traffic accidents are able to walk away either uninjured or with minor injuries, for some, their accident may be life-changing. If you have been injured, whether a minor injury or a severe one, you may wonder whether you could claim compensation and if so, how much you may be entitled to claim. In this guide, we look at how much compensation for road traffic accidents people could be entitled to claim.
We start by explaining how compensation may be calculated for successful claims, looking at compensation for injuries and financial losses. Then, we look at when you could claim compensation and examples of accidents you could be involved in. Following this, you can learn more about the claims process. Learn more about how long you have to begin a road traffic accident claim, the evidence which could help you do so and how a No Win No Fee solicitor from our panel could help you.
To start your personal injury claim, please:
- Phone an advisor on 0800 408 7826.
- Fill out our form to contact us and claim compensation.
- Speak to us over our live chat.
Jump To A Section
- How Much Compensation For Road Traffic Accidents Can Be Claimed?
- Calculating Road Traffic Accident Claims Compensation Amounts
- Who Can Make Road Traffic Accident Compensation Claims?
- Examples Of Road Traffic Accident Personal Injury Claims
- How Long Do You Have To Make A Claim?
- What Evidence Will Be Needed For Road Traffic Accident Claims?
- How No Win No Fee Road Traffic Accident Solicitors Can Help You
- Learn More
How Much Compensation For Road Traffic Accidents Can Be Claimed?
A claimant who was left with paraplegia could be awarded between £267,340 to £346,890. However, this is just for the injury and is based on a figure provided in the guidelines published by the Judicial College. Other factors will be considered when valuing your claim.
How much compensation for road traffic accidents could be claimed depends on the type and severity of injuries suffered, as well as what financial losses were incurred. Compensation for your injuries (physical or psychological), known as general damages, may be calculated with reference to the Judicial College Guidelines (JCG). The figures presented above are taken from this document.
The table below includes a headline example of compensation for severe injuries and special damages. Then, it includes compensation ranges for different types of injury taken from the JCG. The final two entries are fixed whiplash injury tariffs as applicable under the Whiplash Injury Regulations 2021 and the Whiplash Reform Program. We will discuss special damages and the role of the WRP in car accident claims in more detail below.
| Injury | Severity | Notes | Guideline Compensation |
|---|---|---|---|
| Multiple severe injuries + special damages. | Severe injuries. | Severe injuries as well as an award for special damages. | Up to £1,000,000+ if special damages, such as for medical treatments, are awarded. |
| Paralysis. | Paraplegia - B. | The award may be calculated by taking account of the claimants age, level of independence and life expectancy into account. | £267,340 to £346,890. |
| Brain and head injuries. | Moderately severe - B. | Injuries causing serious disabilities and substantial dependence on others. | £267,240 to £344,150. |
| Post-traumatic stress disorder. | Severe - A. | Where the person sufferers permanent effects, preventing them from working. | £73,050 to £122,850. |
| Chest injuries. | Traumatic chest injury - B. | Permanently damaging the lungs and/or heart, impairing function. | £80,240 to £122,850. |
| Neck injury. | Severe - A (iii). | Soft tissue injuries, fractures or dislocations, such as ruptured tendons. | £55,500 to £68,330. |
| Back injury. | Moderate - B (i). | May include a wide variety of injuries which may result in residual disability. | £33,880 to £47,320 |
| Shoulder injury. | Serious - B. | Where the lower brachial plexus is damaged, the shoulder dislocated, or other injuries. | £15,580 to £23,430. |
| Whiplash tariff. | With an award for psychological injury. | Lasting between 18 and 24 months. | £4,345.00 |
| Whiplash tariff. | Without an award for psychological injury. | Lasting between 18 and 24 months. | £4,215.00 |
Please note, these figures are presented for illustrative purposes only. Your settlement may differ. For more information about how much compensation for road traffic accidents different injuries may be awarded, contact our team.
Calculating Road Traffic Accident Claims Compensation Amounts
Calculating compensation amounts for road traffic accident claims involves taking both your injuries (whether psychological or physical) into account as well as your financial losses. The two heads of claim you may be awarded are:
- General damages – for pain and suffering caused by the road traffic accident.
- Special damages – for financial losses related to your injuries.
Those valuing general damages may use medical evidence (whether from your medical records or that produced by an independent expert) as well as your projected recovery period and the impact on your life.
Below, we look in more detail at both the role of special damages and the impact of the WRP on your claim.
Can Financial Losses Be Claimed For?
Financial losses caused by your accident and injuries could be claimed for. Common examples of financial losses which may be claimed for include:
- Medical expenses – the cost of medical treatment, such as to treat injuries sustained in a car accident, as well as for medication or surgery.
- Domestic or other care – this may include the cost of care in the home or in other facilities. It may also include the cost of help with childcare or similar expenses.
- Travel costs – reimbursement for the cost of travelling to related medical appointments.
- Loss of income – your injuries may have prevented you from working, or may prevent you from working at the same level as you previously did. Severe injuries may prevent you from working at all. Compensation can include that for both past and future losses. In some instances, this may form a large part of your final settlement.
How The Whiplash Reform Programme May Affect Your Claim
The Whiplash Reform Program was introduced in 2021 and impacts adult drivers and passengers injured in road traffic accidents in England and Wales. Under these reforms, whiplash injuries which are valued at or below £5,000 must follow a different claims process. As already highlighted, whiplash compensation is awarded in line with fixed tariffs set out in the Whiplash Injury Regulations 2021.
Whiplash claims involving injuries valued at more than £5,000 will follow the traditional claims process. Further to this, injuries not included in the tariff, such as soft tissue injuries or a severe neck injury, are valued using the JCG, even if you are claiming through the Whiplash Reforms.
If you are still wondering how much compensation for road traffic accidents may be awarded for your injuries, please contact our team.
Who Can Make Road Traffic Accident Compensation Claims?
You could make a road traffic accident compensation claim for yourself or someone else, if you can show that the case meets the following criteria:
- That a road user had a duty of care towards you.
- The road user breached their duty of care.
- The breach caused someone to be injured. Injuries may be psychological or physical.
Drivers, motorcyclists, cyclists and pedestrians all have a duty of care to one another. They must ensure that they use the roads in a manner which is responsible and safe. They should ensure that when using the roads, they do so in a way that avoids causing injury or damage, either to themselves or other persons. Per their duty of care, they must adhere to regulations and rules as set out in the Highway Code and Road Traffic Act 1988.
If you have been injured because another road user breached their duty of care to you, you may be able to make a road traffic accident claim. Talk to our team to find out whether you are eligible to make a car accident compensation claim.
Examples Of Road Traffic Accident Personal Injury Claims
Road traffic accident personal injury claims could involve a variety of scenarios. Below we will look at just some examples of different circumstances in which road traffic accident injuries could occur.
Pedestrians, cyclists and motorcyclists are some of the most vulnerable road users. They often lack the protection those in a vehicle (such as a car or lorry) are afforded. As such, they can suffer more severe injuries.
Examples Of Accidents And Injuries
- A pedestrian is hit by a car. The vehicle fails either to slow down or stop when a pedestrian is crossing at a pelican crossing. The pedestrian waited for the ‘green man’ signal that it was safe to cross. The motorist rounded a corner, exceeding the speed limit and struck the pedestrian mid crossing. The pedestrian’s car accident injuries include a broken leg and arm on the side struck by the vehicle.
- A bicycle accident is caused by a motorist opening their door into the path of a cyclist. This is commonly called a dooring accident. The motorist failed to use the Dutch reach method when opening their door. This is recommended in changes to the Highway Code made in 2022. The cyclist was knocked off their bike, suffering a head injury and road rash.
- A passenger is injured in a rear-end car accident. The vehicle they were in slowed down and stopped when approaching a junction as the light turned from amber to red. The vehicle behind them failed to pay due care and attention to the junction, the road signal or the vehicle slowing down. The passenger suffered whiplash, anxiety and other minor injuries.
- A car accident occurs on a motorway where a motorist in the slip road fails to appropriately check their mirrors or signal when merging into traffic on the main carriageway. They crash into the side of another vehicle at high speed. The driver of the vehicle struck suffers various serious injuries, including a traumatic brain injury.
Whether you need to make a pedestrian, bicycle or car accident compensation claim, our team of advisors could help you. Contact us to find out more about how to claim car accident compensation.
How Long Do You Have To Make A Claim?
You have 3 years to file a car accident claim for yourself. This is set out in the Limitation Act 1980.
However, if making a personal injury claim on behalf of another person the time limit may vary. Examples include:
- Reduced mental capacity – where the person harmed does not have the mental capacity necessary to claim on their own behalf, there is no time limit in which to claim compensation. The standard time limit will become applicable if the person harmed regains their mental capacity.
- Minors – where the person harmed is a minor (below the age of 18) a litigation friend may begin a claim at any point prior to their 18th birthday. The 3 year time limit will be applied from the person’s 18th birthday.
In order to make a successful personal injury claim on behalf of a loved one you will need to be appointed to act as their litigation friend. This is a suitable adult who acts in the best interests of the person harmed. You will need to keep them informed of the claims progress. Where compensation payouts need to be held in a Court Funds Office account, your duties may include remaining as a point of contact.
Check how long you have to make a car accident injury claim by contacting our team.
What Evidence Will Be Needed For Road Traffic Accident Claims?
Evidence needed for a road traffic accident claim may include that which shows how the accident occurred, who was responsible and what harm it caused.
Examples of evidence which could help you make a successful personal injury claim include:
- Photo, video or CCTV evidence – photos of the scene of a car crash, or video footage from a dashcam or CCTV system may show what caused the accident, highlighting who was at fault. You may also submit photos of visible injuries.
- Medical evidence – this could include a copy of your medical records, outlining what injury you suffered, how severe it was and what your prognosis for recovery is.
- Independent medical assessment – if you claim with a personal injury lawyer, they may request that you have an independent medical assessment. This assessment will be carried out by an independent medical professional. They will assess your injuries, their severity and impact on you. They will then produce a medical report which may be submitted as part of your claim.
- Financial records – such as those highlighted earlier in the guide which demonstrate financial losses incurred due to your accident.
- Witness statements – you should collect the contact details of anyone who witnessed the accident take place, they may be asked to provide a witness statement supporting your account of the accident.
- Police reports – any road accident, such as a motorcycle accident or car crash must be reported to the police within 24 hours. You may request a copy of the report.
- The other driver’s details – if the accident involved a motor vehicle, you must exchange insurance and contact information.
If you choose to claim compensation for a car or other road accident with one of our panel of personal injury lawyers, they could help you collect evidence in support of your case.
How No Win No Fee Road Traffic Accident Solicitors Can Help You
From gathering evidence, to organising a medical assessment or physiotherapy appointments, one of our panel of No Win No Fee road traffic accident solicitors could help you at every stage of the claims process.
Our panel of solicitors includes experts in road traffic accident claims, and who have years of experience in helping people to successfully seek compensation. By offering a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA) they could work with you without the need to pay solicitors fees in advance.
Instead, under a CFA you only pay if and when awarded compensation with the solicitor charging a pre-agreed percentage of your compensation. This is automatically deducted by the solicitor and there is a legal limit on what may be charged.
Find out how a solicitor could help you make a car accident injury claim today by speaking to an advisor.
Contact Our Panel
Speak to an advisor to find out about how much compensation for road traffic accidents different injuries could be awarded..
- Call us now on 0800 408 7826.
- Speak to an advisor using our live chat.
- Complete our form to contact us.
Learn More
Learn more about related compensation claims and injuries you could suffer in these resources.
- You can learn more about making a motorcycle accident claim in this guide.
- Learn more about making a personal injury claim for a knee injury in this resource.
- Check how much compensation could be awarded for a back injury in this guide.
References
- Find out more about dealing with a traumatic brain injury in this NHS resource.
- Find advice for road users in this resource from Think! Produced by the government.
- You can learn more about road safety in this resource from National Highways.
Call our team to discuss how much compensation for road traffic accidents could be awarded.