If you are suffering from a road accident or have got an accident either on the way to your work or in a public place then it will be only natural to seek compensation to at least partially things right.
If you want to claim compensation for a personal injury, you can get advice from a solicitor who is specialized especially in these types of cases. You also need to do this procedure as soon as possible as there is a strict time limit for taking legal action.
Personal injury claim will take you through step by step procedure. In this article, we are going to wrap up all the details of making a personal injury claim from a car accident yourself in the UK.
Table of Contents
How to claim personal injury from a car accident?
Unless looking specifically at OIC portal claims, the process of making a personal injury claim would look the same whether you are instructed by a solicitor or you made it yourself.
For both cases you would need:
- Establish liability
- Collect evidence relating to both liability of the car accident and the evidence of your medical condition.
- Negotiate a compensation settlement
You need to understand that when you will instruct a solicitor they will do things on your behalf of you. So you need not need to take charge to write to the party you want to claim or negotiate with them.
There may be some reasons why you will think to go it alone: including:
- Any external party or an insurer might tell you that you don’t need to use a solicitor.
- You might have a perception that you can do it easily.
- You might have the desire to save money on legal issues.
You need to go through the following procedures:
Start your claim:
In this step, you need to submit all the following queries:
- When and where the car accident took place.
- Injuries you have get
- The vehicles involved in that accident and what is your opinion on who is responsible for the accident?
After your submission of your claims, the personal injury claim will pass this information to the insurance company that covered the driver you are thinking was responsible. This service is called here the compensator.
The compensator will then investigate to consider your claims
You will need to appoint a medical officer who will examine your medical condition and injuries and write a medical report.
While you can establish who was responsible for the accident with the compensator and could able to provide shreds of evidence of your injuries or loss then you will be offered compensation for your loss.
This compensation you can choose or challenge.
After accepting any offer, the compensator will contact you to make the payment. You can check the progress of your claim online and get your compensation.
What is the average payout for a personal injury claim in the UK?
When you file a personal injury claim in the UK, you might be struggling to find out how much compensation should you claim. Various types of personal injury actions might take place in road accidents ranging from road traffic accidents to medical negligence.
But you should remember that all of these actions peruse the same approach. There are various factors that you should consider while calculating personal injury claims.
Below is a compensation calculator that shows you some examples of personal injury claims in the UK.
|Achilles injury||Most serious||£38,340|
|Neck injury||Severe||£39,870 – £130,060|
|Shoulder injury||Severe||£16,830 – £42,110|
|Loss of both arms||Severe||£211,150 – £263,060|
|Ankle injury||Severe||£43,900 – £61,110|
|Amputation of both legs||Severe||£211,150 – £247,280|
|Knee injuries||Severe||£22,960 – £84,360|
|Injuries causing disability||Severe||£1,930 – £20,280|
|Injuries to the elbow||Moderate||£13,720 – £28,060|
|Wrist injury||Moderate||£11,040 – £21,480|
|Back injury||Moderate||£10,970 – £34,000|
|Ear injury||Extremely severe||£90,750-£109,650|
|Eye injury||Moderate to severe||£9,110-£54,830|
|Head injury||Severe||£219,070 -£282,070|
The average payout for personal injury claims in the UK are: most serious: £27,740 – £33,700; Serious: £14,690 – £27,740; Moderate: £7,580 – £14,690; Minor: £2,620-£7,580.
What happens when someone claims?
You can claim if you have undergone a car accident due to another road user breaching their responsibility of care. So, evidence has an important role here in providing liability in personal injury claims.
Some of the evidence that you could collect to support your car accident claims are including:
- CCTV footage or dashcam footage of the car accident.
- The contact details of some of the eyewitnesses. A solicitor might collect a statement from them later.
- If the police were called at the time of the accident then the police report is a piece of vital evidence.
- A copy of your medical reports that states the condition of your health.
Now, you can make claims from the other driver who was involved in the accident. However, it is possible to collect the details of the registered keeper of a vehicle from the registration plate.
Then you could get in touch with the third-party’s insurance company without having a policy number. You can also ask the police to track down the information of the driver and make contact for you.
You should claim the other driver and allow the insurer to decide who was responsible for the accident. To claim from the other driver you can tell them by writing that you want to claim from them. You also need to tell your insurer that you have done this.
After placing your proper claims a claim processor will check them for completeness, accuracy, and whether the evidence is true or not.
If you also get another letter or claim from the other driver then you should inform your insurer.
Then the compensator will check all the evidence that you have shown and if they find that your claim is justified then they will offer you compensation.
If the amount they are offering suits to you can accept it otherwise you can challenge it.
Who pays personal injury claims car accident injury in a car accident?
In most cases, the person who is at fault for a car accident is the person who will be the financial hook for any vehicle or personal damage in the car accident. It’s generally that person’s car insurance company that foots the bill for most car-related claims.
Successful injury claims made against an uninsured driver will be paid by the Motor Insurer’s Bureau. Your injury claims are brought against the person or the company that is to blame for causing your injury.
In most cases, that person or the organization will have insurance. You then need to negotiate with their insurer who then pay the compensation that you are due.
Payment of the personal injury claims is awarded to the injured person by the organization or the person who is found legally at fault during the car accident.
You can get compensation by taking some legal action, but it might cost you money and sometimes you could not be able to win the case against the organization or the person you are blaming.
If this is not a serious issue then you might solve this by writing a letter or launching a complaint. You can explain the incident and how much compensation you are claiming and how they can make the compensation.