Car crash claims – claim compensation for a car accident

The most important things to remember when claiming compensation for a car accident

Wondering, ‘Can I use small claims for a car accident?’ These considerations will help you determine whether your case is simple and straightforward enough to be dealt with in small claims court, or if you will require the assistance of a specialist lawyer in raising a no win no fee car accident claim via the fast-track or multi-track routes at county court:

• Severity of accident: Severe injuries and damage claims larger than £10,000 are not dealt with at small claims court. Whiplash and other minor injuries can sometimes be dealt with at small claims court, if the total amount you claim does not exceed the £10,000 limit.
• Available evidence: You will need a copy of the police report to file as evidence when making a claim. You should also seek witness statements to support your claim, and ensure that the other party provides you with their personal details, insurance records and vehicle records.

• Assigned responsibility:  You can only claim if the accident was not your fault or if you were only partly to blame. In cases where both parties admit fault, “split liability” is agreed upon, and the compensation you receive will relate to your percentage of liability.
• Attempting mediation: In most UK small claims court car accident cases, you will be required to attend mediation. During mediation, an impartial mediator helps both sides reach an acceptable agreement on the payment amount and terms. The small claims court does not charge for mediation services. 
• Understanding timelines: The most straightforward, lowest-value small claims court cases often resolve in a few weeks without requiring a hearing. Fast-track cases are usually completed within 30 weeks, while multi-track claims can take longer.

When can I make a car accident compensation claim?

You can make a car accident claim within three years of the incident occurring, as long as you have proof that you are either not at fault or are only partially at fault. It is important to start your claim as soon as possible once the police report has been completed, as the evidence will be easier to gather and details will be more front of mind for any potential witnesses. There are two exceptions to this rule – children under 18 can claim at any point up to their 18th birthday, and anyone lacking the mental capacity to claim for themselves can have a claim brought on their behalf at any point.

More information about road traffic accident claims

Here are some important facts to know about filing a car accident small claims case:

1. You can still claim for injuries if the driver at fault doesn’t have insurance, even if the accident is considered a hit-and-run
2. You can claim for a car accident caused by poorly maintained road conditions such as potholes, cracks in the road, poorly maintained road signs or unsafe road surfaces. In this instance, you would raise your claim against the local council or Highways England, depending on whose responsibility it is to maintain the road surface where you had your accident.
3. If your car accident occurred while you were on holiday abroad, you may still be able to claim – check compensation claim time limits set in the country where the accident occurred and seek advice from specialist holiday accident claims solicitors before claiming.

You can claim over £10,000 with a fast-track no win no fee car accident claim

If your road accident left you with lasting injuries or significant financial outlays, and you wish to claim more than £10,000, you can do so by hiring a specialist personal injury solicitor who can file a no win no fee damages claim on your behalf. Your solicitor will handle all paperwork, liaise with the court on your behalf, and do their best to help your claim succeed by doing things like interviewing witnesses, carrying out site inspections, and preparing reconstruction reports to demonstrate fault.

How much compensation can I claim for a car accident?

The value of car accident small claims depends on the severity and impact of injuries sustained and any extra expenses or loss of earnings caused by the injury or accident. A judge will consider your physical pain and suffering, any costs incurred by time off work, medical treatment, or accommodation, and the impact on your future as a basis for your claim. They will also consider any social activities, hobbies or sports you’ve missed out on, and any care your loved ones gave you during your recovery. Some specialist solicitors offer an online compensation calculator that you can use to get a preliminary idea of the amount you can claim.

How is compensation calculated when claiming for a car accident?

General damages are calculated on the basis of injury severity and ongoing impact. Your solicitor may need to obtain a final prognosis from medical experts to clarify the extent or permanence of your injuries. For lesser injuries, such as whiplash injuries to your neck, shoulder, and back, or minor psychological injuries like shock or anxiety, there are set amounts that can be claimed, which are based on the length of injury, from 0-3 months to 18-24 months. In some exceptional cases, you may be able to claim up to 20% more than the set amount for whiplash injuries, if your injury was unusually severe, or your circumstances increased the pain or difficulty caused.

More information on road traffic accident claims

You can claim compensation as a driver, passenger, pedestrian or cyclist after a car accident that was not your fault, or which was only partially your fault. You should seek to obtain a police report outlining the accident’s severity before making a claim, and expect your case to take longer to resolve if it is complex. 

If your claim is simple and straightforward enough to file through small claims court, you don’t need a lawyer. That’s where CaseCraft.AI comes in. Our secure, easy-to-use platform helps you prepare documents, stay on top of deadlines, and manage your case from start to finish. No legal background? No problem. CaseCraft.AI guides you through the process with clear steps and helpful tips so you can move forward with confidence.