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Road Rage Accident Claims: Eligibility, Evidence & Compensation
Read our useful guide to learn about the road rage accident claims process and how one of our expert No Win No Fee solicitors could help you.
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Road Rage Accident Claims: Eligibility, Evidence & Compensation
Read our useful guide to learn about the road rage accident claims process and how one of our expert No Win No Fee solicitors could help you.
How To Make Road Rage Accident Claims
Being subject to road rage can lead to dangerous consequences, such as accidents, physical injuries and psychological harm. Whether it be through aggressive or angry behaviour, tailgating or physical threats, road rage is undoubtedly something that all drivers wish to avoid. However, if you’ve been assaulted by a motorist, you may be wondering if something can be done to achieve a sense of justice. Fortunately, our friendly group of advisors are here to help guide you through the road rage accident claims process.
At JF Law, we’re here to help you through this challenging time. Moreover, we appreciate that starting a claim can seem daunting, especially if the nature of your case involves violence committed by a third party. Thankfully, our advisors work around the clock to provide personalised assistance to people just like you. Following a free eligibility assessment of your case, you could also be connected with one of our specialist solicitors to start your claim. On a No Win No Fee basis, our expert solicitors could help to guide you through your case, ensuring you have a full understanding of the legal process. To start your claim today, please feel free to get in touch with our team:
- Contact us by filling out our online form
- Call us on 0151 375 9916
What Is Road Rage?
Road rage can present itself in many different ways, but is often characterised by verbal insults, rude gestures, excessive honking and dangerous driving. In most instances, road rage will not turn into physical violence, however in extreme cases, motorists may use a weapon or their vehicle to inflict violence.
If you’ve sustained injuries from a road rage attack, one of our solicitors could help guide you through the road rage accident claims process to secure a compensation pay-out.
Is Road Rage A Criminal Offence?
Yes, road rage can be a criminal offence; depending on the severity of the road rage incident, it can encompass road traffic offences and crimes of violence. As such, please see the following examples of criminal offences that could arise in road rage accidents:
- Assault. If a road rage accident leads to physical violence such as actual bodily harm (ABH) or grievous bodily harm (GBH), a perpetrator could be charged under the Offences Against the Person Act 1861.
- Careless or dangerous driving. As per Section 3 of the Road Traffic Act 1988, it’s an offence to drive without due care and attention. Furthermore, Section 2A of the same Act prohibits driving in a manner that a careful and competent driver would deem as dangerous.
- Public order offences. Threatening violence against others is an offence under the Public Order Act 1986.
- Criminal damage. If someone damages your vehicle or other property, this could be classed as an offence under the Criminal Damage Act 1971.
This guide will mainly focus on helping you claim for criminal injury compensation after a road rage accident. However, we do touch upon bringing a civil claim against a liable party. To discuss starting your claim, please get in touch with our friendly team today.
Can I Claim For A Road Rage Attack?
Yes, you could claim for a road rage attack through the Criminal Injuries Compensation Authority (CICA), which is an organisation that helps to compensate victims of violent crimes. In order to do this, you must satisfy the following criteria:
- You must have reported the road rage incident to the police
- The attack must have occurred in Great Britain or another eligible place
- You were the direct victim of a crime of violence, and you suffered an injury as a result.
Will I Always Need To Claim For A Road Rage Attack Through The CICA?
No, you will not necessarily need to claim for a road rage attack through the CICA. The CICA is there as a last resort to award compensation to victims of violent crime in Great Britain when no other avenue is open.
In claiming through the CICA, you could seek compensation for the crime even if the perpetrator is untraceable or has not been convicted.
Nevertheless, a claim for road rage does not always need to be made through the CICA, for example, if a bus driver attacked a passenger or another road user violently, it may be possible to make a claim against the bus company.
To learn more about the different types of claims, please get in touch with a member of our team today.
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What Are Some Examples Of Road Rage Attack Cases?
Some examples of road rage attack cases may include road users physically attacking each other, running people over and causing deliberate collisions. Please see the following examples of common scenarios and how road rage accident claims could arise as a result:
- A motorcyclist could throw a bottle at you through your window while stopped at a light junction. You could suffer long-term bodily scarring due to the assault.
- A pedestrian was deliberately run over by an angry driver for crossing in the wrong place.
- A driver cuts off a bus as it is pulling into a lane. They angrily exchange words, which leads the bus driver to exit the bus and punch the other driver.
Please note that the above list is not exhaustive, and road rage attacks can take many shapes and forms. To discuss your personal experience with one of our friendly advisors, please get in touch today.
What Injuries Might A Road Rage Attack Result In?
A road rage attack may result in the following wide-ranging injuries:
- Head injuries from physical altercations, such as skull fractures and concussions
- Cuts and lacerations from sharp objects
- Dental injuries such as broken or lost teeth
- Traumatic brain injuries
- Psychological injuries such as PTSD and anxiety
To learn more about the different types of injuries in road rage accident claims, please feel free to contact our team today.
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How Much CICA Compensation Can I Get After A Road Rage Attack?
The amount of CICA compensation you could get after a road rage attack will be calculated in line with tariffs set out in the Criminal Injuries Compensation Scheme 2012. In essence, the Scheme contains fixed values for a plethora of physical and psychological injuries.
Please see some examples of CICA pay-outs below which have been taken from the Scheme. Please note that the first figure is the absolute maximum that will be paid out in a successful CICA claim.
| Injury | Notes | Tariff Amount |
|---|---|---|
| Multiple serious injuries with loss of earningss and special expenses | More than one form of serious criminal injury with lost earnings and special expenses such as home modification costs | Up to £500,000 |
| Quadraplegia | Substantially complete to both lower and upper limb levels | £250,000 |
| Paraplegia | Substantially complete – an impairment of motor or sensory function of the lower half of the body | £175,000 |
| Very Serious Brain Injury | Creating severe physical limitations with little to no language function and some nursing care | £175,000 |
| Moderately Severe Brain Damage | Requiring substantial depdendence on others with a serious disablement of physical faculties | £110,000 |
| Multiple Fractures to Face | Le Fort fractures type 2 & 3 | £11,000 |
| Fractured Jaw Bone | With a continuing significant disability and the requirement of an operation | £6,200 |
| Neck Scarring | Serious disfigurement of the neck | £4,600 |
| Head Scarring | Serious disfigurement of the head | £3,500 |
Can Road Rage Accident Claims Cover Special Losses?
Yes, road rage accident claims can cover special losses, which are also known as special expenses. In all, the award of special expenses will compensate you for certain monetary losses you suffered due to your injuries. Please see the following examples of special losses you could include in your claim:
- The cost of damaged property from the incident that you relied upon such as broken glasses
- The costs of home adaptations to accommodate your injuries. This may include stairlifts, hoists, ramps and new doors for wheelchairs.
- The cost of equipment needed due to your injuries, such as car adaptations
- Care costs that relate to your bodily functions or the preparation of food
You could also claim for any lost earnings due to the road rage accident; to do this, you will need to fulfil the specific requirements. Please note that these costs must be reasonable, necessary, directly related to the incident and not free elsewhere.
To learn more about how special expenses are calculated, please get in touch with a member of our team today.
What Compensation Is Awarded For Road Rage Accident Claims?
Compensation for road rage accident claims will be calculated on a case-by-case basis in civil claims. Therefore, if you make a personal injury claim following a road rage accident, you could be awarded with general damages as part of your settlement. In all, this award will compensate you for any physical and mental pain and suffering you endured.
General damages will be calculated by a solicitor using a copy of the Judicial College Guidelines (JCG). The JCG publication is widely used by legal professionals as it contains compensation guidelines for many injuries and severities.
All entries in the table below, apart from the first figure, have been taken from the JCG. Please note that they are merely guidelines and do not guarantee how much compensation you will receive.
| Injury | Notes | Compensation Pay-out |
|---|---|---|
| Multiple severe injuries with financial losses | More than one instance of serious injury with special damages such as home modification costs, lost earnings and medical expenses | Up to £1,000,000+ |
| Paraplegia | The level of the award will consider any depression, the impact on sexual function and the age and life expectancy. | £267,340 to £346,890 |
| Moderate Brain Damage (i) | Where there are personality changes, little prospect of employment and an effect on speech | £183,190 to £267,340 |
| Moderate Brain Damage (ii) | Where the ability to work is greatly reduced and there’s an ongoing risk of epilepsy | £110,720 to £183,190 |
| Severe Back Injuries (ii) | These cases may include nerve root damage, a loss of sensation and sexual difficulties | £90,510 to £107,910 |
| Severe Pelvis And Hip Injuries (iii) | Leg instability with the likihood of a hip replacement surgery, or a hip replacement is only partially successful | £47,810 to £64,070 |
| Wrist Injuries b) | Where some useful movement remains but there is permanent and significant disability | £29,900 to £47,870 |
| Wrist Injuries c) | A degree of stiffness and pain remains with some permanent disability | £15,370 to £29,900 |
| Moderate (ii) Knee Injuries | Less serious knee injuries involving shorter periods of acceleration with continuous aching or discomfort. | Up to £16,770 |
How Can I Make A Claim For A Road Rage Attack Accident?
To make a claim for a road rage attack accident, you must first decide which avenue you are going to follow to seek compensation: the CICA or through a civil claim. A civil claim will run in a similar manner to a personal injury claim in that you will need to gather evidence.
Examples of evidence may include the following:
- CCTV or dashcam footage of the incident
- A copy of your medical records to support the injuries you suffered
- Photographs of visual injuries or of the incident
- Contact details of witnesses who could provide a statement at a later date
- A police or an ambulance report from the incident
However, if you are claiming through the CICA, they will ask you for your police reference number, which they will use to liaise with the police. You will also need to supply proof of your injuries and that you meet the eligibility requirements.
Moreover, when making a CICA claim, you must submit your claim within 2 years of the incident taking place. However, exceptions to the time limit may be made if you can demonstrate that exceptional circumstances prevented you from starting your claim.
Alternatively, in civil road rage accident claims there is a 3-year time limit. As per the Limitation Act 1980, the personal injury limitation period will begin from the accident date. However, the Act allows for exceptions when an injured party cannot handle their own claim.
To learn more about the claim time limits, please contact one of our friendly advisors today.
Road Rage Accident Claims With A No Win No Fee Solicitor
At JF Law, our advisory team is here to help determine your eligibility to make road rage accident claims. Following this, you could be connected with one of our specialist No Win No Fee solicitors to get your claim started. With decades of combined experience, our talented solicitors are ready to help pursue the compensation you deserve. Moreover, our solicitors will work to prioritise your health and wellbeing throughout the process, offering advice that strictly adheres to the rules of confidentiality. Under a Conditional Fee Agreement (CFA), you could also enjoy:
- No solicitor service fees at the start of your claim, as it develops or in the event that your case is unsuccessful.
- If your case is a success, you’ll be required to pay a success fee to your solicitor. This legally capped percentage will be taken from your compensation; you’ll therefore always receive the bulk amount.
You could also enjoy the following benefits on a No Win No Fee basis:
- Regular claim updates so you always know where your road rage accident case stands
- Help with gathering evidence such as police reports, medical evidence and obtaining statements from witnesses if your claim follows the civil process or help with the CICA’s application if claiming in that manner.
- Assistance with signing electronic legal documents
- Explanations of legal terminologies and complex legal jargon to provide you with a better understanding of the process
- Putting your health first by connecting you with physiotherapists and counsellors to aid any ongoing injuries
- Negotiating a settlement with the defendant that accurately reflects your pain and suffering caused by your road rage accident.
To learn more about the benefits of our friendly solicitors, please get in touch today.
Contact JF Law To Start A Claim
To learn more about road rage accident claims, please don’t hesitate to contact our team:
- Contact us by filling out our online form
- Call us on 0151 375 9916
Learn More
To learn more about criminal injury claims, please see some of our other guides:
- Learn about your eligibility to claim compensation for being stabbed
- See the following advice on how to make a rape compensation claim
- Get help with making a domestic abuse claim
Additional external resources:
- Learn how to report a crime from Gov.UK
- See the following advice on when to call 999 from the NHS
- Get help with information and support for victims from the Crown Prosecution Service.
Thank you for reading our useful guide on how to make road rage accident claims.
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