If you've lost a loved one in a road accident that wasn't their fault, you could be eligible to make a fatal car accident compensation claim.
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Fatal Car Accident Claims
Losing a loved one in a car accident is devastating, especially if it happens due to someone else’s negligence. While no amount of compensation can take away your grief, making a fatal car accident claim can help you deal with any financial hardship caused by your loss.
Compensation may cover loss of financial support, funeral expenses, loss of services and bereavement damages. If someone else was at fault, you may be able to make a claim regardless of the cause of the accident. This could be speeding, driving under the influence, poor road conditions or vehicle defects.
We understand how overwhelming it is to deal with a wrongful death claim, and we are here to help. Our team of specialist solicitors will offer you compassionate support throughout the claims process and a no win no fee service.
To find out if you can proceed with a fatal accident claim following the loss of a loved one, call 0800 470 0472 today or use our contact form to request a call back.
Table of Contents
What is the Fatal Accidents Act 1976?
The Fatal Accidents Act 1976 is a key piece of legislation that allows the dependants of someone who has died due to negligence to claim compensation from the responsible party.
It aims to ensure that a person’s death does not leave their loved ones under financial strain and to hold the negligent party accountable for their actions.
The Act specifies who qualifies as a dependant and what losses and expenses can be claimed. You can make a fatal accident claim under the Act for any wrongful death caused by negligence, including:
Am I eligible to make a fatal car accident claim?
The easiest way to determine if you are able to make a fatal injury claim following the death of a loved one is through a free consultation with a personal injury solicitor.
Generally, they will take on your case and help you to secure compensation if the following can be established:
- The defendant owed your loved one a legal duty of care.
- This duty was breached through some form of negligence.
- Your loved one passed away as a result of a car accident caused by the negligence.
- You qualify as a dependent of the deceased.
- You are within the legal time limit to start a car accident claim.
Who can claim compensation for a fatal car accident?
Under the Fatal Accidents Act 1976, qualifying dependants who can make a fatal road traffic accident claim include:
- Spouses and civil partners, present and former.
- A partner who was cohabiting with the deceased for at least two years before the death.
- Children and anyone treated as a child.
- Parents and anyone treated as a parent.
- Other descendants and ascendants of the deceased, such as grandchildren and grandparents.
- Siblings, aunts and uncles.
Only one dependency claim can be made following a fatal accident and it must include all eligible dependants.
Who can make a claim under the Law Reform (Miscellaneous Provisions) Act 1934?
A claim under the Law Reform (Miscellaneous Provisions) Act 1934 is different from a claim under the Fatal Accidents Act 1976, which is made by the dependants of the deceased.
Under the Law Reform Act, a claim can be made on behalf of the deceased’s estate, and it can cover:
- The pain and suffering of the deceased between the accident and their death.
- The loss of income from the time of the injury until death.
- Funeral expenses.
- Financial expenses incurred due to the accident, such as private treatments, care costs, medical aids, and home adaptations.
The claim will typically be made by the executor of the estate (if there is a will) or the administrator (if there is no will). Any damages recovered will be distributed to the beneficiaries.
How do I make a claim for a fatal road accident?
The steps of making a car accident claim for the death of a family member following an accident that wasn’t their fault are:
- Contact a specialist solicitor experienced in fatal accident claims.
- Discuss your case with them during a free initial consultation.
- If you are eligible to claim fatal accident compensation, your solicitor will help you gather supporting evidence.
- If there is no will, your solicitor could also help you apply to become the administrator of your loved one’s estate.
- A formal letter of claim will be sent to the defendant or their insurer outlining the details of your case and the compensation sought.
- If liability is admitted, your solicitor will negotiate a fair settlement on your behalf.
- If a settlement cannot be reached, they will issue court proceedings (but the vast majority of claims are settled out of court).
Who could be liable for a fatal car accident?
Depending on the circumstances, various parties could be liable for a fatal car accident compensation claim, including:
- Another driver or road user – If they caused the accident by speeding, disobeying traffic laws or taking another negligent action.
- An employer – If the driver who caused the accident was working at the time, their employer may be held responsible under vicarious liability.
- The local council or highway authority – If your loved one had an accident due to poor road conditions, such as inadequate signage or potholes.
- A car manufacturer – If the accident was caused by a vehicle defect, such as faulty brakes or steering.
- A tour operator – If the accident occurred as part of a package holiday and was due to poor vehicle maintenance or driver negligence.
- The Motor Insurer’s Bureau (MIB) – If the death was caused by an uninsured driver or a hit and run accident.
- The Criminal Injuries Compensation Authority (CICA) – If the accident is classified as a criminal act, such as using a car as a weapon to cause somebody harm.
What can be included in a fatal accident claim?
As a dependent, you could claim the following as part of a fatal car accident claim:
- Loss of financial support. This is compensation for the financial support received from the deceased. It could include loss of income, pensions, healthcare provisions and similar benefits.
- Loss of services. You can include in your claim the value of the services provided by your loved one, such as childcare, gardening, DIY projects and household chores.
- Funeral expenses. You can claim all reasonable funeral costs, including wreaths, the service, the headstone and the burial or cremation of the body.
- Bereavement damages. This is a fixed lump sum of £15,120 in England and Wales that acts as recognition of the wrongful death and the suffering it has caused you.
The bereavement award can only be claimed by:
- Spouses and civil partners.
- A partner living with the deceased for at least two years before their death.
- The parent of a legitimate child under 18.
- The mother of an illegitimate child under 18.
If more dependants are eligible for bereavement damages, the £15,120 award will be shared between them.
Can I claim compensation for a fatal car accident abroad?
Yes, you may be able to claim compensation for a fatal car accident even if it happened abroad. However, the process may be more complex, depending on the circumstances.
- If the accident occurred as part of a package holiday booked through a UK-based operator, you can make your claim against them in the UK under UK law.
- If your loved one was travelling independently, you may need to make your claim against the liable party in the country where the accident occurred.
- If the accident involved an uninsured driver or a hit and run, you may be able to claim compensation from the country’s equivalent of the MIB (if available).
A solicitor with expertise in international claims can advise you on your legal options and help you deal with your claim.
What evidence do I need to support a fatal car accident claim?
The types of evidence needed to claim compensation for the death of a loved one include:
- The official police report of the accident.
- A coroner’s report and your loved one’s death certificate.
- Visual evidence of the accident, such as photos, videos, dashcam or CCTV footage.
- Medical records detailing your loved one’s injuries and their cause.
- Statements from witnesses to the accident.
- Employment and financial records to claim the loss of financial support.
- Expert witness testimony.
- Proof of all financial losses and expenses incurred because of the accident, including funeral receipts.
What is the time limit to start a fatal accident compensation claim?
Under the Limitation Act 1980, there is generally a three-year limitation period to claim compensation for a fatal accident, starting from the date of death. However, there are a few exceptions and the court has limited discretion to allow claims outside this period in certain circumstances:
- If the death occurred abroad, time limits may vary depending on the country.
- If the accident is classified as a criminal act, there is a two-year period to claim through the CICA.
- If the claimant is a child, the three-year time limit does not begin until their 18th birthday.
How much compensation could I receive for a fatal car accident?
As with any personal injury claim, there is no fixed amount of compensation for a fatal car accident. Besides the bereavement award of £15,120, your payment will be carefully calculated based on financial documents, such as:
- Invoices for funeral arrangements.
- Your loved one’s payslips, bonuses and other sources of income.
- Medical bills.
- The cost of services such as childcare in your area.
For example, to calculate the award for financial dependency, your solicitor will:
- Calculate the annual income of your loved one and deduct the amount they would have spent on themselves.
- Multiply this by the number of years you would have depended on them financially.
- The resulting number represents the total financial compensation for the loss of dependency.
The compensation for the pain and suffering caused to your loved one will be assessed based on the 18th Edition of the Judicial College Guidelines. Your solicitor can provide more information about the amount you may be able to claim.
How much will it cost to make a fatal road accident claim?
If you are able to claim compensation for a fatal car accident, we will pair you with a specialist no win no fee solicitor. This means it will not cost you anything to start your claim, and there are no financial risks, because:
- You won’t pay any legal fees upfront.
- If you lose the claim, you won’t pay your solicitor at all.
- You only pay your solicitor if and when you receive compensation. If you win, your solicitor will be entitled to a success fee capped at 25% of the damages for your pain, suffering and past financial losses.
Do I need a solicitor to make a fatal accident claim?
You are not legally required to hire a solicitor to start the fatal accident claims process. However, dealing with any claim on your own can be daunting, and even more so when it involves the death of a loved one.
A personal injury lawyer will:
- Handle the entire process for you.
- Meticulously calculate all financial losses.
- Ensure you don’t miss out on any compensation owed to you.
- Communicate with all parties on your behalf.
- Provide expert advice and support at every step.
- Significantly increase your chances of a successful outcome.
Will I need to go to court to settle my claim?
It is highly unlikely that you will need to go to court. Most fatal car accident compensation claims are settled out of court through negotiation with the defendant and their insurer. This allows both parties to avoid the stress, time, and additional expenses of a court case.
However, your solicitor will be prepared to represent you in court if liability is disputed or the defendant refuses to pay you fair compensation.
To find out if you are able to make a claim for a fatal car accident, call 0800 470 0472 today for a free, no-obligation case assessment or request a call back.
