Who is responsible for car safety? 

All drivers are responsible for the safety of their passengers and other road users, and must adhere to the rules of the road as stated by the Highway Code. If you’re behind the wheel of a car, you owe a duty of care to take such care for the safety of others likely to be affected by your driving. You must drive like a reasonably prudent driver. 

Local authorities are also responsible for the state of the roads – you can even make a personal injury claim against a local authority if the accident or injury was caused by poor road conditions. 

Who can claim after a car accident? 

You can claim compensation after a car accident if you were injured in the accident and it wasn’t your fault, or you were partially at fault alongside another person. You can bring a claim against the driver of another car, a motorcyclist, a cyclist or even a pedestrian. 

And you don’t even need to be the driver of a car to be able to bring a claim. You can also claim if you were a passenger in the car or travelling in a vehicle like a taxi. You can bring a claim if you were a cyclist or a pedestrian too. 

How to make a personal injury claim after a car accident 

If you’ve been in a car accident, make sure you: 

✔ Check everyone is safe 

Immediately after the accident, check everyone in the car is safe. Seek medical attention if anyone is hurt or injured. Make sure you get medically examined if you want to make a personal injury claim. 

✔ Report the accident 

Depending on the severity of the accident, the police may arrive on the scene. If they don’t, you should inform them within 24 hours. This will be important evidence to support your claim. 

✔ Get evidence 

Speak to the other party or parties involved in the accident and collect their names, addresses and contact details. If there were any witnesses present, get their information too as their statements could be extremely important to establish who was at fault for the accident. 

Don’t admit any fault or responsibility at this stage as this could affect your claim. 

✔ Collect records of expenses 

If you’ve incurred any expenses following the accident, keep records of all of them as you may be able to claim for this as damages. This could include travel expenses, prescription charges and loss of earnings. 

✔ Contact personal injury solicitors 

Before trying to make any claim, get in touch with specialist personal injury solicitors, like our team at Express Solicitors. We will review your case and let you know if you’re able to bring a claim. If so, we’ll help gather all the evidence and will work hard to ensure you can claim the maximum amount of damages possible. 

Depending on the severity of your injuries, you may be able to claim for both general and special damages. 

How long do I have to claim after a car accident? 

You usually have three years to make a car accident claim. This is either three years from the date of the accident or three years from the date a medical professional diagnosed your injuries. 

This is governed by the Limitations Act 1980 and applies to all road traffic accident claims. 

However, it doesn’t apply if you claim on behalf of someone with limited mental capacity or if the injuries prevented them from claiming within three years. If your child was injured in an accident, you can claim on their behalf as a “litigation friend”. There is no time limit for bringing a personal injury claim on behalf of a minor, although the three-year period will start as soon as they turn 18. 

Whilst you have three years in which to bring your claim, we recommend starting the process as soon as possible. The accident will be fresh in your mind and it will help our solicitors prepare your case with access to all the vital evidence. 

How much compensation will I get from a car accident claim? 

The amount of compensation you may receive for a car accident claim will depend on the extent of your injuries and the impact they may have on your life. 

Damages for personal injury claims are split into general and special damages. 

General damages are designed to compensate you for the pain and suffering caused by your injuries. Examples include: 

  • Pain and suffering 
  • Physical impairment 
  • Lower quality of life 
  • Mental health conditions including post-traumatic stress disorder and depression 

Special damages cover past and future financial losses as a result of your injuries. Examples include: 

  • Travel expense 
  • Care costs 
  • Lost earnings 
  • Rehabilitation costs 
  • Costs to adapt your home or car 

At Express Solicitors, our experienced road traffic accident claims solicitors recognise that no amount of money can make up for what you may have suffered. We work hard on your behalf with the utmost consideration to ensure you are compensated directly for the severity of your injuries, the impact it may have had on your life, as well as loss of earnings and changes to your lifestyle. 

We will work alongside you to calculate the damages to claim for and propose a settlement figure to the defendant’s lawyers. If we can’t reach a figure following negotiations, we will represent you fully in court to help you secure the damages you deserve. 

Get in touch with our experts to discuss your potential claim or start your online claim now.