How Is Settlement Amount Calculated for Road Accidents?
The settlement amount for a road accident is calculated by adding general damages (for pain and suffering) and special damages (for your financial losses). General damages cover your physical injuries and emotional distress, while special damages include medical bills, lost wages, travel expenses, and other costs you’ve had to pay because of the accident. The final amount depends on how serious your injuries are, how long your recovery takes, and how much the accident has affected your daily life and ability to work.
If you want to be sure if filing a settlement claim is worth it, a compensation calculator is what you need. Claims Bible will help you calculate your settlement amount and show you what you will likely receive.
We’ll discuss the possible settlement amount for a road accident and get other necessary road accident-relevant information.
Common Types of Road Accidents
You are likely familiar with an accident scene. There are several factors that many road crash sites may have in common: glass fragments littered on the floor, a vehicle turned upside down or badly damaged, an ambulance, and more. But, as similar as accident scenes are, they happen in diverse ways.
Let’s see the most prevalent ones.
Bicycle Crashes
Most bicycle crashes happen due to the carelessness of another driver or rider. Therefore, the government and other relevant stakeholders have crucial roles to play in enlightening road users to accord equal road rights to bicycle riders.
Many vehicle drivers do not recognise the place of bicycle riders on the road, hence the failure to look out for bicycle riders before making a turn. Alcohol misuse among vehicle drivers is another factor that causes bicycle accidents.
Apart from driver negligence, cyclists may fail to display bicycle lights when appropriate, wear bright coloured or reflective clothing in the dark, or maintain reasonable speeds.
Pedestrian Accident/Hit and Run
Pedestrians could get involved in road accidents too. For example, a driver could lose control of their vehicle and crash into passers-by or bystanders. Cases of persons, especially children, running across the road and getting hit by cars are also popular.
If you were hit by a vehicle and the driver fails to stop and report the accident, that’s a hit and run. You can file a claim against such drivers and win compensation.
Vehicle Crashes
Vehicle accidents are the most prevalent road collisions, and they mainly involve a car or truck. Here are the ways a vehicle accident can occur.
Rollover Accidents
Rollover accidents are not only common in movies; they happen in reality. The force of impact of an accident could be so great as to cause a vehicle to summersault, sometimes severely, before coming to a halt. Vehicles involved in rollover accidents could either turn forward or sideways and are usually severely damaged. Rollover accidents are most likely to result in fatalities, too.
Head-On Collision
Head-on collisions happen when two vehicles run into each other while driving in opposite directions. The consequences could be pretty devastating. Head-on collisions are worse than the impact of a car with a stationary object. Unlike crashing into a stationary object, where only the vehicle produces the damage, the traveling speeds of both cars increase the severity of the crash.
Rear-End Collision
Rear-end collisions happen when a vehicle runs into another from behind. In rear-end accidents, both cars face the same direction. In road accident claims, the car that comes from behind is usually held responsible for the accident and will owe the other driver compensation.
Side Impact Collision
This type of accident happens when a vehicle runs into another at an intersection. For example, one car is about to turn onto a road, and another runs into its side.
How Long Do I Have to File a Claim for a Road Accident Injury?
If you want to file a road accident injury claim, you have three years to do so. This three-year window will begin on the day of the accident. After that, the law will not recognise your claim.
Therefore, you must calculate your settlement amount and begin your claims process as soon as you can. However, there are some exceptions to this rule. For example, if you or your loved one under 18 years old suffered injuries in a road accident, the law provides a more extended period.
For children, the three-year window counts from their eighteenth birthday instead of the day of the accident. That is, irrespective of the date of the accident, children have until their twenty-first birthday to file a claim.
If you lost a loved one in a road accident, you have three years from the day of their death to submit a claim. Also, if you were incapacitated by a road accident, you have three years from the day of recovery to file a claim.
What Documents and Evidence Impact Payout for a Road Accident Injury Claim?
After knowing what settlement amount you should expect from your claim, convincing an insurance company or a court that you deserve it is the challenging part. But that’s if you do not have the necessary documents and evidence to support your claim.
Let’s see the documents and evidence to help you secure the settlement you want.
Accident Report
The police have a duty to document their findings in any road accident. This document is the accident report. Amongst other information, the accident report will detail the nature of the accident, the vehicles and persons involved, and which party is at fault. What the accident report says can convince the courts or the at-fault party’s vehicle insurance to honour your claim.
Medical Report
A medical report will show the nature of your accident and the treatment your doctor recommends. What your doctor has to say is crucial in a road accident claim. In addition, a medical report shows that there are past, current, and future medical expenses that you need compensation for.
Medical Bills and Receipts
While the medical report shows that you deserve compensation for medical services, medical bills and receipts reveal what you have spent on treatment. These documents come in handy when calculating economic damages.
Accident Scene Recordings
If you can lay your hands on photos, videos, or voice recordings of the accident scene, you can strengthen your bid for settlement. Accident scene recordings will clear any doubts that may arise over the incident.
Witness Contact Information
If you took the contact information of eyewitnesses to the accident, they would be pretty valuable. The testimony of a witness will make a significant difference in your claim. In addition, the contact information will help you reach them when the need arises.
Common Injuries From Road Accidents
There is a broad range of possible injuries associated with road accidents. Some injuries will lead to permanent disability and disfigurement. Some affect the outer parts of the body, while others can damage the internal organs.
It is crucial to note that the type of injury and its severity determine settlement amounts. Generally, the more severe an accident, the higher the treatment costs. Also, more severe injuries take longer to recover and usually attract higher settlement amounts.
Common accident injuries include:
- Whiplash
- Neck injuries
- Back injuries
- Head injuries (Traumatic brain injuries)
- Leg injuries
- Hand injuries
- Burns
- Facial injuries
- PTSD
Road Accident Settlement Calculator – General vs Special Damages
Compensation for car accident claims in the UK is typically split into two parts: general damages and special damages. Let’s see the difference between these two types of damage below.
What Are General Damages?
General damages are the money you receive for your pain, suffering, and loss of amenity. This means compensation for the actual injury itself and how it has affected your quality of life. Loss of amenity refers to things you can no longer do or enjoy because of your injuries.
For example, if you loved playing football with your children but can no longer do so because of a knee injury, that’s a loss of amenity. If you enjoyed going to the gym but now struggle with chronic back pain, that counts too.
Courts and solicitors use the Judicial College Guidelines to determine fair amounts based on the type and severity of your injury. When working out your general damages, your solicitor will consider:
- How serious your injury is
- Your age and overall health before the accident
- How long it takes you to recover
- Whether you’ll make a full recovery or have lasting problems
- How the injury affects your daily activities and hobbies
- Any psychological impact, like anxiety or depression
- Whether you had any health issues before the accident
What Are Special Damages?
Special damages cover all the money you’ve lost or spent because of the accident. These are easier to calculate because they have clear financial values that you can prove with receipts, bills, and payslips.
Special damages include:
- Lost Earnings: If you had to take time off work to recover, you can claim for the wages you missed. This includes your regular salary, overtime pay, bonuses, and commission. If your injuries are so severe that you can’t return to your old job or need to work fewer hours, you can also claim for future lost earnings.
- Medical Expenses: Any costs for medical treatment count as special damages. This includes doctors’ appointments, hospital stays, physiotherapy, medication, medical equipment like crutches or wheelchairs, and travel costs to get to medical appointments.
- Care and Assistance: If you need help with everyday tasks like cooking, cleaning, bathing, or getting dressed, you can claim this care. Even if a family member or friend helped you for free, their time has value and can be included in your claim.
- Vehicle Repairs or Replacement: If your car was damaged in the accident, the cost of repairs or a replacement vehicle is part of your special damages. You can also claim for rental cars if you need temporary transport.
- Other Expenses: This includes damaged clothing, cancelled holidays you couldn’t attend because of your injuries, and any other costs directly caused by the accident.
Simply put, would you have spent this money if the accident hadn’t happened? If the answer is no, then you can probably claim it.
How Is Settlement Amount Calculated for a Road Accident Claim?
Before filing a claim, it’s wise first to calculate the possible settlement amount. As stated earlier, every case is different, and a one-size-fits-all approach won’t do justice. That’s why compensation calculators like Claims Bible exist.
Below is a breakdown of the average payout for personal injuries suffered from a road accident.
Facial Injury
- Mild: £2,100 – £15,380
- Moderate: £15,380 – £33,470
- Severe: £33,470 – £293, 240
Hand Injury
- Mild: £14,980 – £30,028
- Moderate: £30,028 – £63,493
- Severe: £63,493 – £123, 265
Head Injury
- Mild: £16, 349 – £45,070
- Moderate: £45,070 – £222,400
- Severe: £222,400 – £290,350
Hand Injury
- Mild: £1,983 – £14,569
- Moderate: £14,569 – £29,700
- Severe: £29,700 – £111,260
Leg Injury
- Mild: £2,040 – £15,475
- Moderate: £15,475 – £82,954
- Severe: £82,954 – £223,400
Neck Injury
- Mild: £2,680 – £8,005
- Moderate: £8,005 – £38,980
- Severe: £38,980 – £153,377
PTSD
- Mild: £6,094 – £28,078
- Moderate: £28,078 – £64,800
- Severe: £64,800 – £128,400
Examples of Car Accident Claims in the UK
Looking at real-life examples can help you understand what to expect from your own car accident claim UK. Keep in mind that every case is unique, but these cases show how different injuries and circumstances affect settlement amounts.
Example 1: Cyclist Knocked Off Bike at Roundabout – £30,000
A man was cycling at a roundabout when a car that failed to give way struck him. He suffered injuries to his chin deep enough to leave scars. He expressed concerns that a facial scar would affect his ambitions to work in the performing arts industry. His solicitor obtained medical reports from a plastic surgeon to confirm the extent of his injuries. The case settled for £30,000 to enable the victim to buy products to cover his scar.
Example 2: Car Crash Results in Severe Injuries – £500,000
In this case, the claimant, an elite athlete, suffered a spinal fracture when their vehicle was struck at high speed. Alongside the spinal injury, there was psychological trauma and a minor traumatic brain injury, which impacted their ability to complete university and forced them into work earlier than expected. The final settlement of £500,000 was reached to cover these general and special damages.
Example 3: Pedestrian Hit Crossing the Road – £130,000
Mrs W was hit by a car while crossing the road. The impact left her with a fractured vertebra, extensive soft tissue damage, and head injury symptoms, including problems with memory, concentration, and balance. She also experienced ongoing headaches and dizziness, which affected her ability to return to work and carry out daily tasks. Her solicitor was able to negotiate a final settlement of £130,000.
Calculate Your Claims and Pursue Compensation Today!
You are within your rights to file a settlement claim if you got injured in a road accident through a motorist’s negligence. You should do so, especially if the injuries are severe or attract expensive medical attention and care. The law gives a limited time to file a claim, so it’s best that you do so now.
To file your claim, you need to make sure that you’ve got your calculations right. Claims Bible will help you handle that through our legal partners. They will help you figure out how much your claim is worth, so you won’t make the mistake of asking for too little.
For a personal estimation on how much your claim is worth, please complete our enquiry form and one of our specialist legal partners will contact you.
FAQs
How long does a road accident claim take to settle?
The time it takes depends on the details of your case. A straightforward claim where the other driver admits fault and your injuries are minor might settle in four to nine months. More complex cases involving serious injuries or disputed liability can take one to three years. If you need to go to court, this adds extra time to the process.
Can I claim if I was partly at fault for the accident?
Yes, you can still make a claim even if you were partly to blame. However, your compensation will be reduced by the percentage you were at fault. But as long as you’re less than 51% at fault, you can still claim.
Do I have to pay tax on my compensation?
No, compensation for personal injuries is not taxable in the UK. You receive the full amount without any tax deductions. However, if your settlement includes interest on the compensation, that interest portion may be taxable.
How much will solicitors’ fees cost?
Most personal injury claims work on a No Win No Fee basis. This means you don’t pay anything upfront, and if you lose your case, you don’t pay your solicitor. If you win, your solicitor takes a success fee previously agreed upon from your compensation.
What if my injuries get worse after I’ve settled my claim?
Once you accept a settlement, you can’t usually go back and ask for more money, even if your condition worsens. This is why it’s important not to settle your claim too quickly. Your solicitor will wait until your injuries have fully healed or stabilized before settling, so the full extent of your injuries is known.
Can I claim for psychological injuries like anxiety or PTSD?
Yes, psychological injuries are just as valid as physical injuries. Many people experience anxiety, depression, or PTSD after a road accident. You can claim compensation for these psychological effects, especially if they affect your ability to work or enjoy life. You’ll need evidence from a mental health professional to support your claim.
What if I were a passenger in the accident?
If you were a passenger, you could claim compensation regardless of who was driving. You can claim against the driver of the vehicle you were in, the other driver, or both, depending on who was at fault. Being a passenger doesn’t affect your right to compensation.
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