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Learn How To Prove An Injury From A Car Accident

Last Updated 19th August 2025. If you have been injured in a car accident which was not your fault you could be eligible to claim compensation. In order to do so, you need to be able to show that another road user was at fault. In this guide, we look at how to prove an injury from a car accident. We look at the role of evidence in a car accident injury claim and how these different forms of evidence could support your case.

All road users owe each other a duty of care to use the roads responsibly to avoid causing an accident. They should adhere to rules and regulations set out within The Highway Code and the Road Traffic Act 1988 to maintain their duty of care. If they fail to do so, and this results in you being injured in a road traffic accident, you may be able to make a personal injury claim.

To find out if you could claim compensation for a car accident and to learn more about how to prove your case, please contact our team:

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How To Prove An Injury From A Car Accident

When you make any type of personal injury claim, you need to be able to show that another person was responsible for your injuries. That is because your claim will be made against them or their insurance provider.

The insurance provider, as well as any solicitors acting on behalf of the defendant, will want proof that shows what caused the accident and how this caused you harm. A body of evidence can demonstrate;

If you have a strong body of evidence, a solicitor may find it easier to win your road traffic accident claim. Without strong evidence, it may be harder for you to win your claim.

Read on for more information on how to prove an injury from a car accident, or call our team today to discuss your case.

Do I Need To Seek Medical Advice After A Car Accident?

“What should you do after a car accident?” is a commonly asked question. The first and most immediate concern you may have is to ensure your safety. You may need to move away from the scene of the accident, such as getting off the road to a safe place. Next, you should seek any medical attention you require.

You need to ensure that your injuries are treated properly and as soon as possible. Depending on the type and severity of your injuries, you may see your GP or attend Accident and Emergency (A&E).

In addition to looking after your health, getting medical treatment will help to document your injuries. Your medical records will show what injury you have sustained. They will also set out what treatment has been (or will be) necessary and how seriously the injuries sustained have impacted you.

If you choose to claim compensation with the help of a personal injury solicitor, they may ask you to attend an independent medical assessment. You may be asked to see a doctor when claiming for a personal injury in order for them to assess your injury and create a further medical report.

You can find out more about the importance of your medical records in a car crash injury claim by contacting our team.

The rear end of a car is crumpled after an accident and the driver may be wondering How To Prove An Injury From A Car Accident

What Evidence Can I Gather At The Scene of A Car Accident?

If you have been injured in a car accident, one of the most important steps you can take is to collect evidence in support of any compensation claim. Being able to provide evidence of your injuries from a car accident and demonstrating the other party’s fault is crucial to the claims process.

Examples of evidence which you could collect at the scene of a car crash on the motorway or other road may include:

For more information on evidence which could help you claim a car accident injury payout, speak to our team.

Should I Get CCTV or Dashcam Footage of the Car Accident?

Footage from a dashcam or CCTV camera which caught the accident on video may be used as evidence in car accident claims. Securing footage which shows the circumstances in which the accident took place is important. Such footage could help to show how the other driver was negligent. It may show that the other driver was using a mobile phone or that they were not paying due care and attention.

CCTV footage could be captured in locations such as;

You can request CCTV footage of yourself from the owner or operator of the camera. You should make the request as soon as possible, as some businesses may delete footage on a regular basis. Requesting footage from cameras which are operated by a local authority or central government could take longer than obtaining it from a business.

Find out more about how to prove a personal injury claim for a car accident by contacting our team.

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Do I Need To Report The Accident To The Police?

If you are involved in any type of road traffic accident there are steps which you must, legally, take. As well as those which you should take. These steps include,

You may also be wondering when and how to report a car accident to the police. Collisions must be reported to the police where:

Once reported to the police, they will create a police report. The police report may be used as evidence in your personal injury claim. For more information on how to prove an injury from a car accident, please contact our advisory team today.

Can I Claim For A Car Accident If I Was Partially At Fault?

Yes, you can claim for car accident injuries even if you were partly responsible. However, your car accident compensation amount would be reduced, depending on the extent of your fault. This is known as the concept of contributory negligence.

For Example: You suffer from whiplash injuries due to a rear-end collision by a speeding driver. The other driver argues that you suffered from these injuries only because you weren’t wearing a seatbelt. If it is found that the act of not wearing a seatbelt rendered you 20% liable for your injuries, your compensation would be reduced accordingly.

You may be worried that admitting liability would render you ineligible to make a claim. However, as long as there was fault of another party involved as well, you may be entitled to claim compensation. If the other party invokes the defence of contributory negligence to avoid liability, the onus is on them to prove your responsibility for your injuries. Even then, you don’t have to accept the first settlement offer from their side. 

In the above sections, we’ve focused on how to prove an injury from a car accident. However, if you want more information on proving car accident injuries in case of contributory negligence, speak to our advisors now.

How Long Do I Have To Start A Car Accident Claim?

If you were injured in a car accident that was not your fault, you generally have 3 years to start a personal injury claim to be compensated for your suffering. This time limit is a requirement of the Limitation Act 1980 and applies to most personal injury claims. 

However, there are some exceptions to this rule, as the circumstances of all claims differ. For example, the time limit may be paused if:

If the time limit on a personal injury claim is paused, a litigation friend may be appointed to start a claim on behalf of the claimant. Some of the key duties of a litigation friend include:

If you want to find out if you are within the claims time limit and are able to start a claim for your car accident injury, please contact our friendly advisors today. They are also able to give you more information on the role of a litigation friend during the claims process. 

Can A No Win No Fee Solicitor Help Me Make A Car Accident Claim?

If you’re claiming for an injury after a car accident, you may find it helps to have an experienced No Win No Fee solicitor on your side. They can help with:

Our solicitors provide their expert legal guidance under a Conditional Fee Agreement. These terms guarantee that you don’t pay for their work before your case starts or as it is ongoing. Furthermore, you pay nothing in solicitor fees if you don’t have a successful car accident injury claim.

Under this deal, the solicitor takes a percentage of the compensation awarded when a claim is successful. This cut, known as their success fee, is capped by law because of legislation called The Conditional Fee Agreements Order 2013.

If you have any questions about this at all, just get in touch today. Our advisors have all the information you need and are more than happy to help. Learn more about car accident injury payout and have your potential claim reviewed to see if a solicitor could work on your case.

Our support service is easy to use, always available, and, most importantly, completely free. Choose any of these options to talk to a friendly advisor:

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More Useful Resources About Making A Car Accident Injury Claim

Learn more about making a car accident personal injury claim in these resources:

Further resources:

Thank you for reading our guide on how to prove an injury from a car accident. For more information, please get in touch with our team.