WHAT CAN YOU CLAIM IN A CAR ACCIDENT?

This blog will guide you on the types of losses you can claim for if you have been involved in a road traffic accident.

If you have been injured in an accident, the first thing that may come to mind is whether I can claim for injury?  However, in addition to receiving compensation for your personal injury you may be entitled to pursue a claim for any financial losses which have arisen as a direct result of you being involved in an accident.

I have listed below an example of the most common types of claim you can make.

Personal injury

The value of your injury claim will be based on the nature and extent of your injury.  We value what your claim is worth upon receipt of a medical report from an independent medical expert.  A claim can be made for both physical and psychological injuries.

 

Claim for financial losses

Compensation for vehicle damage

If the vehicle you were driving at the time of the accident has been damaged or written off then you can claim for the repair costs or the pre-accident vehicle of your vehicle.   This would need to be supported with documentary evidence either by way of an Engineer’s report or estimate from a garage.

Cost of a hire vehicle

You can claim for the cost of hiring an alternative vehicle if your vehicle has been rendered unroadworthy. You can either pay for the cost of the hire vehicle upfront or hire a vehicle on a credit basis which means you do not pay any charges upfront and enter into a credit hire agreement with the hire company.

Loss of use of vehicle

If you choose not to hire a vehicle whilst you await payment for the damage to your vehicle to repair or replace it – you are entitled to claim a daily rate for the “loss of use of vehicle.”

Vehicle recovery

You may have to have your vehicle towed from the scene of the accident to a storage unit if you are unable to leave your damaged vehicle outside of your home.  The recovery company will charge you a recovery fee for this service and you are entitled to claim for the same.

Vehicle storage expenses

You may have to store your vehicle in a safe place and you are entitled to claim the storage charges expense and the storage company will usually charge you a daily rate.

 

Loss of fuel in the tank

If your vehicle is beyond economic repair and you choose to dispose of it then you are entitled to claim the expense of the fuel that was in the tank at the time of your accident.

Travel expenses

You are entitled to claim any travel expenses relating to your road accident, including those to and from hospital and your GP. You will need to keep hold of the receipts or if you relied on friends or family members to give you lifts,  you are entitled to claim a mileage rate which is usually claimed at £0.45 per mile.

Damage to personal clothing/items

This can include items such as mobile phones, child car seats, sunglasses and other items you own which were in the vehicle and were damaged as a result of the collision. The insurers will request to see proof of the damage and receipts.

Cost of medical treatment for your injuries

You can claim for past and future medical expenses which can include the cost of purchasing over the counter painkillers, rehab costs such as physiotherapy and even the cost of surgery.

Loss of earnings

If you were unable to work as a result of your road accident you are entitled to claim lost income as a net amount – income after tax and national insurance is deducted. You would have to provide wage slips from your employer covering 13 weeks’ payslips prior to your accident and covering the time you have had off work.   If you are self-employed – you will need to provide accounts and tax returns.

You can claim for past and future loss of earnings.

Care and assistance

You can claim for paid and unpaid help you receive after an accident.  It could be that your injuries prevent you from carrying out certain activities around at home that you would do yourself and you have to rely on friends and family to help you with tasks such as cooking/cleaning and personal care.  They would need to provide a statement to prove they assisted you together with details of the nature and extent of the assistance they provided.  You can claim for paid help you received, such as the costs of employing a gardener or cleaner.

You can claim for past and future care and assistance.

Loss of holiday

If you had a holiday booked which you were unable to go on as a result of your road accident – you are entitled to claim the cost of the holiday. If you were able to go on the holiday, but due to your injuries you were unable to enjoy the holiday – you are entitled to claim for loss of enjoyment.

This is not an exhaustive list and some items of loss will be specific to you and if you are unsure if you can claim for a head of loss we can advise you if it is possible or not.

Always bear in mind that just because you have suffered an injury or loss does not necessarily mean you will still have a claim.   You have to show that your injury has been suffered as a result of the accident and any financial losses have been reasonably incurred as there is a duty on you as a Claimant to mitigate your losses.  You must ensure that with any financial losses you want to claim for that you keep hold of receipts.

If you have been involved in accident and require advice about any aspect of the claim then please do not hesitate to speak to one of our personal injury solicitors who will be happy to discuss any queries you have.

 

 

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