How To Make A Car Accident Claim
Nobody wants to be involved in a car accident, but it’s something that can happen to anyone, whether you’re a driver, a passenger, a pedestrian or a cyclist. It’s natural to be upset and scared in the aftermath of an accident, and at that stage your first priority should of course be your mental and physical health.
However, once you have started on the road to recovery, you may begin to concern yourself with other things, such as damage to your vehicle or property, and the financial implications of what’s happened to you. Making a claim for compensation can help you to cover these costs, and getting started sooner rather than later can improve your chances of a successful claim.
How long after a car accident can I claim?
In general, you have a maximum of three years from the date of the collision in which to make a car accident compensation claim. This applies to you no matter what role you played in the event, whether you were driving, riding as a passenger or an innocent bystander.
There are some situations where you might be granted an extension on this deadline. For example, if you were injured in a car accident but the injuries were not immediately apparent, you may have three years from the date of diagnosis. An expert personal injury solicitor can help you to determine whether this applies to you.
Additionally, it’s worth knowing that the three-year time limit applies only to adults. If you or the person you are claiming on behalf of were a child at the time of the incident, then the time limit is frozen until the date of your (or their) eighteenth birthday. From that point onwards, you have three years in which to claim.
How much can I claim for a car accident?
It’s only natural to wonder how much compensation you’re likely to receive after a car accident, but the truth of the matter is that it depends heavily on what injuries you’ve sustained. Someone who has a mild case of whiplash can usually expect to receive a lot less compensation than someone who has been paralysed, for example.
To get a better idea of how much compensation you could receive for your injuries, use our simple compensation claims calculator. This tool gives you a rough estimate of the compensation you might get.
Another thing to be aware of is that some of your compensation will typically go towards paying your legal fees. Most personal injury solicitors work on a ‘No Win, No Fee’ agreement which means you only have to pay if your claim is successful. Your solicitor will then be paid a ‘success fee’ which is capped at 25% of your total compensation. Before agreeing to use a solicitor’s services, make sure that you fully understand and are happy with how they take payment.
What information do I need to make a car accident claim?
In all personal injury claims, evidence is very important. This is the information you provide to prove your case – to show that you suffered the injuries you say you did, and that the third party is at fault. Knowing what information you’re likely to need ahead of time can make it easier for you to gather evidence while the event is fresh in the minds of all those involved.
Evidence for a car accident compensation claim could include:
- The contact details of everyone involved, including witnesses, plus insurance and registration details for all vehicles involved
- Photographic evidence of the scene of the crime, as well as any damage or injuries caused
- Police reports relating to the incident
- Medical records, including prescriptions, appointments and receipts
- Proof of other expenditure such as travel to and from appointments, replacement or repair of property and any childcare needed as a result of the incident.
If you’re unsure whether a piece of evidence would be useful for your claim, the best thing to do is to collect it and keep it safe so that it can be used later if needed. Your personal injury lawyer can help you to understand what’s needed for your particular case.
What happens after you make a car accident claim?
Once you’ve given your personal injury solicitor all the details they need to make the claim, they’ll get in touch with the third party you see as responsible for the incident. Your solicitor will show them the evidence you’ve gathered, explain that they are liable and request a settlement.
The majority of claims will be settled at this stage, with you receiving a mutually agreeable amount of compensation. However, if the third party disputes your version of events, they can refuse to settle. After this, your solicitor will likely take the case to court, where it can be decided by a judge. This can take longer and may be more stressful, but your solicitor will do everything they can to keep hassle to a minimum and make the process as easy as possible for you.
Making a claim for compensation after a car accident can help to get your back on your feet and aid your recovery. For expert advice and personalised recommendations, speak to one of our expert car accident solicitors today.