The right personal injury claim evidence can help to prove who was at fault for an accident. It can demonstrate how the accident happened and the impact it had on your life. It can also reduce the risk of disputes from other parties.
The moments after a road traffic accident are often a blur of shock, confusion and anxiety. Once you’ve established that you and everyone else are safe, your mind may start to race. As the adrenaline wears off, you will start to piece together exactly what happened.
It’s in these critical minutes, hours and days that the foundation of a successful personal injury claim is built.
Gathering your accident claim evidence is the key to it all.
Types Of Evidence To Collect After A Road Traffic Accident
We often tell our clients that a strong car accident claim is like a well-built house — a solid foundation is a must. In the world of personal injury law, that foundation is compelling, comprehensive claim evidence. It allows us to prove what happened, who was at fault and the impact the accident has had on your life.
Photos & Videos Of The Accident Scene
In today’s world, the most powerful tool you have at the scene of an accident is your smartphone. Photographs and videos create an indisputable visual record of the situation, where they capture details that can be vital later on when making a claim.
Viable types of accident claim evidence can include:
- Vehicle Positions: Before the vehicles are moved, take wide shots and video recordings that show their final resting positions in relation to the road, junctions and any landmarks.
- Vehicle Damage: Take close-up photos and videos of the damage to all vehicles involved. This can help accident reconstruction experts understand the speed and angle of the impact.
- The Wider Scene: Photograph and/or video the road conditions, any relevant road signs or traffic lights, skid marks and even the weather at the time.
- Your Injuries: While it may be distressing, taking clear photos and video recordings of any visible injuries like cuts, bruises or swelling can be very powerful.
- Dashcam Footage: Dashcam or helmet-cam footage is now one of the most decisive pieces of evidence available. If you or any other party has this footage, it can often settle a dispute over liability almost instantly.
Independent Witness Statements
An independent witness is a person who saw what happened but has no connection to either party involved. Their impartial account of events can be incredibly persuasive evidence in a personal injury case.
If anyone stopped to help or saw the collision, it is crucial to ask for their details. At a minimum, try to get their name and phone number. With this, they can then be contacted later to obtain a formal statement. Securing their contact information is the most important step for witnesses.
Police Reports: Official Claim Evidence
If the police attended the scene of the accident, they will have created an official report. This is a vital piece of accident claim evidence as it is an independent, professional record of the incident. It may contain:
- Details of all parties involved.
- A summary of the incident.
- Statements taken at the scene.
- A sketch of the accident scene.
- The outcome of any breathalyser test.
Your solicitor will formally request a copy of this report to use in support of your claim.
CCTV Evidence
If your accident was caught on CCTV, then this footage can be used to show the moment that the accident happened. This footage can also give a wider view of the area around the accident, and can be an impartial piece of claim evidence.
CCTV camera footage is typically only retained for a short period of time. Sometimes this can be 30 days, but it can also be as few as three days. It will depend on the policy of the organisation that owns the system. Therefore it is crucial to request the footage as soon as possible.
You have the right to request footage of yourself verbally, or in writing through a Subject Access Request. You may need to provide the exact time and location of the accident, any identifying features such as car colour, make, or model, and proof of your identity. In some cases, these requests must be made through a solicitor or insurer.
Medical Records: Evidence to Prove Your Injuries
To claim compensation for your injuries, you must prove their extent and how they were caused by the accident. Seeking immediate medical attention is not just essential for your health, but also for your claim.
Every visit to your GP, the A&E or physiotherapist creates an official record of your injuries, treatment and recovery progress. This is all valuable as personal injury claim evidence. These records allow your solicitor to instruct an independent medical expert to assess you and prepare a detailed report for your case.
This medical report will be the cornerstone of valuing your claim. It provides a professional opinion on your recovery period and any long-term impact on your health.
Financial Documents: Evidence to Demonstrate Losses
A personal injury claim is designed to put you back in the financial position you were in before the accident. You can claim for any financial losses you’ve incurred, so long as you have collected evidence for your claim.
After the accident you should start a record of any:
- Loss of Earnings: Payslips from before and after the accident.
- Medical Expenses: Receipts for prescriptions, physiotherapy or any other private treatment.
- Travel Costs: Receipts for taxis to medical appointments or public transport if you’re unable to drive.
- Care and Assistance: Even if a family member is helping you with daily tasks, their time can be valued and claimed for so it’s crucial to keep a record of this.
- Damaged Property: Invoices for repairs to your vehicle or receipts for replacing damaged items like a mobile phone, clothing or a child’s car seat.
How Claim Evidence Helps In A Personal Injury Case
Evidence of what happened and how you were affected plays a key role in road traffic accident personal injury claims.Without this claims evidence, it can be difficult to make a case about what actually happened. The stronger your evidence is, the stronger your claim will be.
How To Make A Personal Injury Claim After A Car Accident
If you were injured in a car accident that was not (or only partially) your fault, you are legally entitled to make a compensation claim. In the majority of cases, a claim must be made within three years of the date of the accident.
‘Low-Value’ Road Traffic Accident Claims
If the injuries sustained are minor and you are making a ‘low-value’ personal injury claim, you can make this claim online without the need to go through a court or for legal representation. ‘Low-value’ claims are those that are valued at less than £5,000.
The aim of this service is to avoid the need to go to court. It applies to claims for an accident occurring after 31st May 2021. However, if you are unsure of whether you are eligible to claim in this way then it is best to get advice from a solicitor.
‘No Win, No Fee’ Compensation Claims
The most common way of funding a personal injury compensation claim is on a ‘no win, no fee’ basis. This type of agreement allows you to access justice, no matter your financial situation.
A ‘no win, no fee’ agreement is where a claimant only pays their solicitor’s legal fees if their case was successful. These fees are taken from the amount of compensation that you receive, so you won’t have to pay out of your own pocket.
If you lose your case then you will pay no solicitor’s fees. The ‘no win, no fee’ agreement with your solicitors means that their fee is waived, and insurance policies cover any other legal costs that you might be responsible for.
Finding A Solicitor
A personal injury lawyer can be essential to ensure that you receive fair compensation for your injuries, lost wages and to reimburse damaged items. They also guide you through the complexities of the claims process, so finding the right solicitor is important.
Look for a solicitor who has specific experience in road traffic accident personal injury claims, who is regulated by the Solicitors Regulation Authority (SRA), and who has transparent terms and fees.
This process can be overwhelming, especially if you’ve had a traumatic experience in a car accident. You should take your time to find a solicitor who is the right fit for you, and who will help you get the compensation that you deserve.
