How to prove fault in a car accident claim?

This guide will help explain how to prove fault in a car accident claim, including the evidence you can use to show that another driver is liable for the accident and any injuries you sustained.

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How to Prove Fault in a Car Accident Claim?

Being involved in a car accident is a traumatic experience, especially if you or a loved one suffer severe injuries. While starting a claim may not be your first thought after a road traffic collision, doing so can help you cover any lost wages and other financial costs caused by the accident.

However, to make a successful compensation claim, you must be able to prove that another party was at least partially at fault for the accident.

This article will explain how you can prove fault in a car accident claim and what other evidence you may need to secure compensation.

For more information or to start your claim, call 0800 470 0472 for a free consultation with a legal adviser. Otherwise, please enter your details into our contact form to request a call back.

Table of Contents

Who can make a claim following a car accident?

Anyone involved in a car accident may be able to make a personal injury claim if they meet the following criteria:

Another party, such as a driver or the local council, owed them a duty of care;
They breached this duty and caused a car accident;
They suffered injuries and other losses as a direct result of the accident.
The accident happened within the last three years.

A duty of care is something that an experienced car accident solicitor will be able to prove based on legislation such as the Road Traffic Act 1988 or the Highways Act 1980.

Once liability is established, they will help you gather all the evidence you need to prove that the accident was not your fault and secure the maximum amount of compensation for your injuries. Your injury lawyer will handle all the aspects of the claim on your behalf so you can focus on your recovery and getting your life back to normal.

You could also make a claim for someone who cannot handle the legal process themselves. This could be a child or an adult who lacks mental capacity due to a severe injury or a pre-existing condition such as Alzheimer’s disease or Down syndrome.

Who could be at fault for a road traffic accident?

Depending on the circumstances, various parties could be at fault for a car accident, including:

A negligent driver who was speeding, driving under the influence or ignoring traffic laws;
A pedestrian who stepped suddenly into traffic without looking for oncoming cars;
Another road user, such as a cyclist or motorbike rider, who made a sudden lane change or failed to signal;
An employer, if you were injured while driving for work;
The local council or authorities responsible for road maintenance if the accident was due to a pothole or debris on the road;
A vehicle manufacturer, if the accident was due to a defect such as a brake or steering failure.

Please remember that if another party was at least partially responsible for your injuries, you may be eligible to make a road traffic accident claim for compensation.

How do I prove that someone else was at fault in a car accident?

Whether or not the other driver admits fault at the accident scene, you should always be prepared to gather as much evidence as possible. Evidence gathered at the accident scene can also help prove negligence if another party was responsible for it.

Examples of the types of proof you could collect include:

The other driver’s information, such as their name, contact details and vehicle registration number. If they refuse to exchange details with you, they are committing an offence, and they might be uninsured, so you should immediately call the police;
A photo or sketch of the accident scene, which you should draw immediately after and should include the position of the vehicles and any road signs and markings;
Photographs or a video of the accident scene and the road, taken from different angles before anything is moved;
The names and contact details of anyone who saw how the accident happened. Your solicitor might contact them later for a witness statement that can help prove who was at fault.
If available, CCTV or dashcam footage can help prove how the events occurred and that the accident wasn’t your fault;
A copy of the police report, if you notified the authorities about the incident, as well as the details of the officers who attended the scene.

You should never admit fault at the scene of the accident, even if you might feel in the wrong. If the other party wants to accuse you of negligence, it will be up to them to prove it with evidence.

Can damage to the car help to prove fault for the accident?

Yes. The location of the damage can also help determine the fault for a car accident. This can provide clues about how the collision occurred and who might be at fault. For example:

Damage to the front of your vehicle and the side of another car may suggest that the other driver is to blame for pulling out of a junction without checking for oncoming traffic or ignoring a stop sign;
If there is damage to the back of your vehicle and the front of the other car, the other driver is often found to be at fault, as they may have been following you too closely or failed to react to you slowing down or stopping;
If there is damage to the passenger side of your car and the front or back of a vehicle pulling out of a driveway, this suggests the other driver was not paying attention when entering the roadway;
Any visible damage to a car, parked or driving on the road where the other vehicle did not stop to exchange details is classified as a hit and run and may entitle you to claim through the Motor Insurers’ Bureau (MIB);
Front damage to both vehicles suggests that the other driver has crossed into oncoming traffic, possibly due to distraction, driving under the influence or avoiding an obstacle on the road.

If liability for the accident is disputed, your solicitor may work closely with an accident reconstruction expert to prove who is at fault for the incident and the injuries you suffered.

What if I cannot gather evidence due to my injuries?

If you suffered a serious injury, gathering evidence might not be possible. But you don’t need to worry about this. Your priority should be getting immediate medical assistance.

Under these circumstances, such as when an ambulance is required and there are reportable injuries or offences, the police will usually need to be notified. This means there should be a police record of the accident. The other driver involved in the accident is also responsible for notifying their insurance provider.

So even if you are physically unable to gather evidence, your motor insurance provider, and subsequently any personal injury solicitor you choose to hire, will be able to access the evidence they need to make a claim.

Here are some additional steps your solicitor could take if they need to gather additional evidence to prove fault in a car accident claim:

Contact witnesses at the scene for a statement of what they saw;
Try to secure CCTV or dashcam footage of the accident;
Try to collate photographs or videos of the accident from witnesses;
Contact a specialist accident reconstruction expert who can help establish what caused the accident and if another vehicle was at fault;
Gather statements from friends or family who were with you when the car crash happened;
Liaise with the other party’s insurer to exchange information about the events.

As you can see, even if you cannot collect evidence yourself, your solicitor will ensure you have everything you need to build a solid claim for compensation.

Can I still make an injury claim if I was partly at fault for my injuries?

If you were partially at fault for the accident or your injuries, you may still be entitled to make a compensation claim. However, the amount you receive could be reduced to reflect the extent of your fault. This concept is known as contributory negligence in personal injury claims.

For example, if you were found to be 25% responsible for the accident, your compensation award would be reduced by 25%. Therefore, if you suffered a severe arm injury valued at £80,000, you would claim compensation of £60,000 due to your shared liability. Examples of contributory negligence include:

Not wearing a seatbelt at the time of the collision;
Driving above the speed limit;
Failure to signal when turning or changing lanes;
Using your phone or not paying attention to the road;
Braking suddenly without an apparent reason;
Driving too fast in poor weather conditions.

Even if another driver was at fault for the accident, the above examples could contribute to the accident and result in your injuries being worse than they could have been.

What other evidence could I use to prove fault in a car accident claim?

Some other types of evidence that may be important if you want to make a claim for an accident that wasn’t your fault include:

Detailed medical records that outline the type and severity of the injuries you sustained, the treatments received and your prognosis;
A medical report from a specialist who can determine the long-term effects of your injuries and your future care needs;
An accident reconstruction report prepared by an expert will help determine why and how the accident occurred;
Your testimony regarding the incident and how your injuries have affected your life, including pain levels and emotional impact;
Any communication with the other party, such as texts or emails;
Maintenance records of the vehicle you were driving;
Financial documents that prove the losses and expenses you incurred due to the car accident, including lost wages during recovery.

Do I have to report the accident?

If you were involved in a road traffic accident, whether you were at fault or not, you should report it to your insurance company as soon as possible, in line with the terms of your policy. You must usually do this no matter how minor your accident was, even if you do not plan on making a claim. Check your policy for the exact time limit, as some insurers require notification within 24 hours of the incident.

If you fail to report the accident in line with your policy terms and the other party decides to start a claim against you, your insurer might treat this as a breach of your policy conditions and refuse to cover the damages you have caused.

In certain circumstances, such as if anyone was injured or you suspect a driving offence was committed, you must also report the accident to the police within 24 hours (see the reporting requirements in the Road Traffic Act 1988, section 170). This is also essential if you were involved in a hit-and-run or you failed to exchange details with the other driver.

Failure to report an accident to the police when you are legally required to do so can result in a fine, penalty points or, in the most severe cases, up to six months in prison.

How long do I have to make a car accident claim?

Under the Limitation Act 1980, you have three years to make a personal injury claim, starting from the date of your accident.

There are some exceptions provided within the Act, such as:

If your injuries are not immediately apparent, such as if you have suffered whiplash, the three years begin on the date of knowledge. This is when you became aware of the harm and that it was due to your accident.
When a child is injured in a car accident, there is no limitation date. The three-year time limit only begins when the child turns 18 and becomes an adult, from which point they have until their 21st birthday to start a claim. While they are a child, a parent or legal guardian can make a claim on their behalf.
If the injured party lacks mental capacity, the time limit is put on hold or suspended, depending on their condition (PTSD, a brain injury or a pre-existing illness such as dementia). In this case, a litigation friend could represent them at any time.
If you have lost someone in a car accident, you can start a compensation claim within three years after their death.

Regardless of which time limit applies to your case, starting your claim as soon as possible is usually beneficial. Doing so helps to ensure that the evidence is preserved and that your solicitor can access it more easily.

How much compensation could I receive?

The amount of compensation that is awarded for car accidents in the UK depends on two types of damages caused by the collision:

General damages are awarded for the resulting injuries and their impact on your life. Examples include:

Physical pain and suffering
Emotional and psychological trauma
Loss of consortium or companionship
Physical and mental disability
Loss of amenities, such as the ability to engage in activities you used to enjoy
Reduced quality of life or life expectancy
Loss of a unique career

Special damages are awarded for financial losses and expenses incurred due to the accident, such as:

Cost of repairing or replacing damaged property
Private treatments and rehabilitation
Travel expenses to medical appointments
Costs for care and assistance during recovery or if you suffered a permanent disability
Loss of earnings and earning capacity

Your special damages will be calculated based on evidence like receipts and invoices, so you should keep all financial documents related to your losses. General damages are based on medical records, as they are awarded for the type and severity of your injuries.

Try our car accident compensation claim calculator to get an estimate of how much compensation your claim could be worth by answering a few simple questions.

How much will my claim cost?

If your solicitor can prove that another driver was at fault for your car accident and your claim is successful, it will not usually cost you anything upfront to make your claim. Your solicitor will work on a no win no fee basis, meaning there will be no upfront fees to pay, and you do not owe them anything if your case fails.

Your injury solicitor only receives a success fee if they win your claim for compensation, which will be deducted from your payment and can’t be higher than 25% of the damages for your injuries and past financial losses. The success fee and all other details regarding the car accident claims process will be discussed with you during a free case assessment.

To find out more about proving fault in a car accident claim, call 0800 470 0472 for free legal advice or use our contact form to request a call back.