Who Pays Personal Injury Compensation in Car Accident Claims?

Car insurance is a legal requirement for car owners and users in the UK. It ensures that other road users have protection and supports the owner should they be involved in a car accident or their vehicle suffers damage.

The type of insurance policy you – or the at-fault party has – will determine the level of protection there is:

• Third-Party Online: Third-party insurance policies cover damage and injuries you have caused but don’t offer further protection.
• Third-Party Fire & Theft: If you want a little more protection, third-party fire and theft will also cover a driver for losses or damage caused by theft or fires.
• Comprehensive: While comprehensive car insurance offers maximum protection, it can be more expensive.

At a minimum, the driver should have third-party insurance, which will cover personal injury claims and vehicle damage if they’re the responsible party in an accident.

Car accidents can occur for a range of reasons, including careless driving, speeding or a variety of circumstances leading to an accident. In most cases, establishing liability is simple, but some cases are more complex and require extensive investigation.

If the investigation proves that a single driver or authority was responsible for the accident, their insurance provider will cover the costs.

For example, if someone speeds up and strikes a pedestrian or another road user, they’re solely responsible for the accident. Another example would be when a driver fails to give way, resulting in an accident.

Shared-fault accidents are harder for insurance companies, as they mean that two or more road users share responsibility for causing the accident. An example would be when one person doesn’t give way, but the other speeds up, resulting in a collision.

The amount an insurance company pays depends on the level of liability. If one person is responsible for 60% of the accident, their insurance provider will be liable for 60% of the damage.

Nobody is the responsible party in some cases – but this is incredibly rare. For example, if a person suffers a seizure from undiagnosed epilepsy when they’re driving and another road user gets injured, the person who caused the accident won’t be at fault.

It’s important to remember that no-fault accidents don’t mean that the injured party can’t make a claim, but the process is different.

There are some misconceptions about who can claim compensation when a car accident occurs, but – in most cases – you can file a claim if your vehicle suffered damage or you experienced an injury. If any of the following apply, you should be able to file a claim:

• Drivers: If you were a driver and another road user’s negligence caused an accident, you can claim compensation. You’re also entitled to make a claim due to poorly maintained roads and mechanical failures.
• Passengers: Many passengers don’t think they can claim compensation, but this isn’t the case. You can file a claim if another road user caused an accident, but it’s also possible to receive compensation if the driver was negligent.
• Pedestrians: Pedestrians can suffer severe and even fatal injuries when struck by a car. If a driver was at fault (e.g. they didn’t stop at a crossing), you could claim for your injuries and expenses.
• Motorcyclists and Cyclists: Both cyclists and motorcyclists are vulnerable road users and at risk of severe road injuries. If a driver caused your injuries and they were at fault, you can file for compensation.

Road traffic accidents can have a lasting impact on a person’s life. Research from GOV.UK revealed that in 2023, there were 27,998 serious injuries and 1,645 fatalities. However, even minor injuries can result in ongoing damage, including costly repairs to vehicles and the emotional impact of the accident.

When you file for compensation, you can include the following damages in your claim:

• Property Damage: Aside from claiming for vehicle damage, you’re also entitled to cover repair and replacement costs for personal belongings, such as mobile phones and sat navs.
• Medical Expenses: Any medical expenses can also factor in your claim. For example, if you opt for private treatment or require ongoing care, your solicitor will ensure you receive compensation for them.
• Lost Earnings: Fractures and other minor injuries might mean you cannot work for a few weeks, while severe injuries could impact your long-term career options. You can claim for any lost earnings.
• Other Expenses: Travel costs, purchasing special equipment and making adaptations to your home after suffering a severe injury are also eligible expenses.
• Psychological Harm: Car accidents can cause long-term anxiety and PTSD – both of which are eligible for compensation.

If you decide to claim compensation after a road traffic accident, your no win no fee solicitor will support you throughout the process. However, the steps you take can simplify your claim and ensure you get the compensation you’re entitled to.

Even if you only experience minor injuries, you should always seek medical attention after an accident. A doctor or hospital will assess any injuries sustained in the accident and provide treatment.

Medical evidence is key to a successful compensation claim, and your solicitor will use these records to prove the accident’s impact.

Reporting car accidents is a legal requirement in the UK when someone is injured, the at-fault party won’t exchange insurance information, and a potential driving offence takes place.

However, if nobody gets injured and any parties involved exchange contact information, you can report it to the insurance company instead.

Your solicitor will gather evidence on your behalf, but collecting information from witnesses can speed the claim up. The most important forms of evidence when securing car accident compensation are witness statements, medical treatment records, and proof of damage to your vehicle.

Keeping detailed records of your expenses, including transportation costs, private medical bills, and any other expenses resulting from your accident, is also essential.

Once your personal injury solicitor has the necessary evidence, they’ll put your no win no fee claim forward to the negligent party’s insurance company and negotiate a settlement. This is much easier when the other party is solely at fault, but shared liability car accidents can be trickier to settle.

Car accident claims rarely go to court, but your personal injury lawyer might recommend proceedings if they fail to reach an appropriate settlement.

Not all road traffic accident claims are simple, and there will always be drivers who don’t comply with the law. In most cases, the negligent party’s insurance company covers your settlement – but what if they don’t have car insurance or left the accident scene?

Uninsured and hit-and-run car accidents are more complex, but that doesn’t mean you won’t be able to claim compensation and receive financial support. The process, however, is different.

The Motor Insurers Bureau helps victims of car accidents make a compensation claim when the negligent party doesn’t have insurance or leaves the scene. You can also claim if the vehicle is untraceable or was registered abroad (the accident must happen in the UK).

If you suffer a physical injury, vehicle damage, psychological trauma or need to replace personal belongings, the MIB will cover your compensation.

It’s always a good idea to use a solicitor because you’ll still need to prove that another party was responsible for your accident. Here’s how the process works:

• Report: It’s essential to report an uninsured or untraceable driver to the police immediately, as MIB claims rely on police reports. You won’t receive compensation if you don’t notify the authorities of your accident.
• Evidence: As with traditional car accident claims involving insurance companies, your solicitor will collect evidence of the accident, including your injuries, witness statements and expenses.
• Submission: Most people work with a no win no fee solicitor, but you can also apply through the MIB website. While this can be quicker initially, a skilled lawyer will assess your case and ensure you receive the settlement you’re entitled to.
• Investigation: Once the MIB receives your claim, it will go through an investigation process, where specialists will assess the circumstances and decide whether to award compensation.

If you’d like to claim compensation for a car accident, seeking free legal advice is best. Phoning 0800 234 6438 or filling out the online form gives you access to a specialist who will ask questions about your incident and determine whether you’re eligible for compensation.

They’ll then connect you with a no win no fee solicitor who will attempt to secure the maximum settlement possible.

If you suffered injuries from a car accident, you’ll have three years to file a claim – which is the same as traditional personal injury claims. Claims that involve property damage must be made within nine months, and you might have to pay the excess fee.

Yes, you usually can if the party responsible had an insurance policy. You’ll still need to prove negligence, and the process can be more complex. In these cases, your solicitor might make a claim against the deceased person’s estate, or the MIB will cover your settlement if they weren’t insured.

Making a no win no fee compensation claim after a car accident can protect you financially and ensure you don’t need to worry about legal fees. Traditional solicitors charge an hourly rate, and there’s no guarantee that you’ll receive compensation.

You’ll only pay a no win no fee solicitor’s legal costs if they successfully secure compensation, which will come from your settlement. These claims give you peace of mind, as there’s no financial risk.