A fatal car accident claim seeks compensation when a family member or loved one dies in a road traffic accident that was not their fault. If a loved one is killed in an accident caused at least in part by someone else’s negligence, you may well be entitled to make a claim for compensation.

Fatal accident claims are for the effects on the life of dependents when a loved one is fatally injured in a road traffic accident. The road traffic accident claim can be for a driver, passenger or pedestrian killed in an accident that was not their fault.

Your personal injury solicitor seeks to recover damages through a claims process. If a loved one has been killed and your life impacted by the fatal accident that was someone else’s fault, a claim for compensation seeks financial redress for the injuries and financial losses.

If a loved one is killed, in an accident that was not their fault, The Personal Injury Team No Win No Fee solicitors can file a compensation claim for the money you deserve.

fatal car accident claim seeks compensation when a family member or loved one dies in a road traffic accident

What is a fatal car accident claim?

A fatal car accident claim is a legal process to seek compensation when a loved one is killed in an accident that was not their fault. Fatal road traffic accidents can happen on the local high street, the motorway or on a quiet country road and the fatality could be the driver, passenger, or pedestrian.

You might be able to claim fatal accident compensation to cover the costs of losing the loved one and the financial effects of their death on your life. Dependents left behind could have to deal with mortgage payments, funeral costs and even have large medical bills to pay, but might be able to claim compensation to cover those and other costs, as well as future dependency.

The car driver has a duty of care to other road users. If they breach that duty of care and your loved one is killed, you may have a fatal road accident claim for compensation.

A No Win No Fee personal injury solicitor can review your case and advise if you have a valid fatal car accident compensation claim.

road traffic accident compensation

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Common fatal road accident claims

Common fatal road accident claims range from a motorcyclist killed on the road to a passenger in a car accident or a pedestrian run over by a bus. If a loved one is killed in a fatal road accident, you may be able to claim for compensation. 

Common fatal road accident claims:

  • Driver killed in a head-on collision
  • A passenger killed in a car turning at a road junction
  • Motorcyclist knocked off the bike by the driver not looking in the mirror
  • A cyclist knocked into the path of an oncoming bus
  • Pedestrian killed by car not stopping at traffic lights
Common fatal road accident claims

Driver killed in a head-on collision

A driver killed in a head-on collision may be a fatal road accident claim if the other driver was on the wrong side of the road, overtaking another car on a dangerous bend or not looking when coming out from a side road. 

The dependents of the driver may be able to make a fatal accident claim for compensation and recover costs from the fatal road accident.

A passenger killed in a car turning at a road junction

A passenger killed in a car turning at a road junction could be a fatal road accident claim if the other driver was careless in their driving and did not stop in time. 

Many fatal road accidents come from careless driving when the driver being distracted by their mobile phone or going too fast when approaching a road junction. 

You may have a fatal road accident claim if you lose a loved one due to the driver being distracted on the road.

Motorcyclist knocked off the bike by the driver not looking in the mirror

A motorcyclist knocked off by the driver not looking in the mirror can hit the road at a high speed or bang their head off the kerb. 

Many motorcyclists are knocked off their bikes and killed by drivers not looking in their mirror before opening the door or turning at a junction.

A car driver may fail to look and see an approaching bike when pulling out from a junction, which can lead to the bike rider hitting the side of the car and being thrown over it at speed. 

The dependents may have a fatal road accident claim, and a No Win No Fee personal injury solicitor can handle the claim for compensation.

A cyclist knocked into the path of an oncoming bus

A cyclist knocked into the path of an oncoming bus may be killed instantly, and the dependents could have a fatal road accident claim. 

The slightest tip from a passing car could cause a cyclist to lose control and be knocked off their bike. The cyclist is very vulnerable on the road, and drivers should always keep a distance and look out for them. 

You may have a fatal road traffic accident claim if a loved one is killed in an accident that was not their fault.

A pedestrian killed by a car not stopping at traffic lights

A pedestrian killed by a car not stopping at traffic lights is another common fatal road traffic accident in the UK. The pedestrian crosses the road expecting the driver to stop, but a distracted or drunk driver may not see them and run over the pedestrian. 

Relatives of the pedestrian killed in a fatal road traffic accident may have a claim for compensation for the costs and damages of losing a loved one.

Who is liable for fatal road accident claims?

The driver of the car that kills the other road user or pedestrian may be liable for the fatal road accident claim. It may also be the car’s driver when a passenger is killed if the driver did not maintain it properly or was driving dangerously or recklessly. 

The responsible party’s insurance company pays for the compensation in a car accident claim. When the driver of the car is responsible for a fatal road traffic accident, their insurance company takes on the claim and pays the compensation to those left behind.  

In the case that the driver of the car is responsible for the death of one of their passengers, then their insurance company will pay the car accident compensation.   

All drivers must have car insurance under UK law, and the driver takes it out to cover them in case of a fatal car accident and to pay any compensation costs. 

Your No Win No Fee road traffic accident solicitor will identify the negligent party and advise you on claiming fatal accident compensation.

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What happens when the accident involves an uninsured driver?

You claim compensation from the Motor Insurers’ Bureau for a fatal road accident caused by an uninsured driver. 

Every car insurance company in the UK contributes to the MIB to fund fatal accident compensation claims against uninsured drivers.  

Your No Win No Fee car accident solicitors will have the experience necessary to deal with the MIB and seek the compensation you deserve in the case. 

hit by an uninsured driver

Fatal Hit and Run accident claims

Fatal road accident hit-and-run claims can be successful, even if the driver is not found and prosecuted. The Motor Insurance Bureau funds hit-and-run fatal injury claims when another road user is killed in a fatal road accident.

The MIB has a levy on all motor insurance policies in the UK. The levy goes into a fund; from that fund, the MIB pays compensation for accidents involving uninsured drivers and pedestrian hit-and-run claims.

Our No Win No Fee personal injury solicitor deals with the MIB when you have a fatal road accident hit-and-run claim.

Compensation for fatal road accident claims

Compensation for fatal road accident claims is not as straightforward as other personal injury claims. Your No Win No Fee personal injury solicitor can help you through the claims process and what you may be able to claim for in compensation.

Loved ones can claim compensation for the death of a dependent or family member in a fatal road accident for the pain, suffering and loss of amenity in the time between the accident and the death.

Compensation amounts are:

  • Periods of consciousness and death within three months, up to £23,810
  • Unconsciousness and death within two weeks, up to £10,670
  • Unconsciousness and death within six weeks, up to £4,390
  • Immediate unconsciousness and death within one week, up to £2,790
  • Mental anguish over fear of death, up to £4,670

(The figures given here are for General Damages amounts only. You might also receive compensation for any financial losses you suffer due to the fatal road accident. Figures are taken from Judicial College Guidelines 16th Edition and are accurate as of April 2023.)

A No Win No Fee personal injury solicitor can give you an idea of what to expect from their experience in the fatal accident claims process and what compensation awards are open to you.

Compensation calculator

Statutory Award for Bereavement under the Fatal Accidents Act 1976.

Those left behind after a fatal road accident claim may be able to claim compensation in the Statutory Award for Bereavement under the Fatal Accidents Act 1976. 

You can claim this award as part of your claim for compensation. 

You may qualify to claim under the Statutory Award for Bereavement if:

  • You are a spouse or civil partner of the deceased
  • You lived with the deceased for two years before death as a husband, wife, or civil partner.
  • You are the parents of a child under 18

The bereavement award was increased to £15,120 in May 2020, but the new amount is only awarded in fatal road accidents after that date.  

Are you eligible for compensation?

If you want to pursue damages for the accident you have suffered, we have a simple 3 step process to make sure you get the compensation you deserve.

  • Take our online assessment & speak with our team
  • Our team of claim specialists will undertake a full case review
  • We will send a legal letter and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

Funeral expenses and other costs

You may be able to claim funeral expenses and other costs if you lose a loved one in a fatal road traffic accident. 

The costs you might be able to claim are:

  • Funeral expenses
  • Medical costs before your loved one passed away
  • Care costs if they needed care before dying
  • Modifications to your home when caring for the loved one

Your No Win No Fee personal injury solicitor can help you decide on how much compensation to claim and if you have a valid fatal road traffic accident claim. 

How to make a claim for a fatal road accident

To make a claim for fatal road accident compensation, there are usually a few standard steps to follow. We will guide you through the entire process from first contact through to the conclusion of your claim.

steps in making a personal injury claim

Who can make a fatal road accident claim?

Under the law, the dependents of the victim in a fatal road accident may be able to claim compensation. They may be able to claim compensation if the loved one was killed in a road traffic accident that was not their fault or only partially their fault. 

A dependent is defined as: 

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

If you are one of the listed above, you may be defined as a dependent if you were partially or fully financially dependent on the person killed in the fatal road traffic accident. 

You may have a claim for compensation if you are a dependent of someone killed in a fatal road traffic accident. 

the dependents of the victim in a fatal road accident may be able to claim compensation

Our Process

We make the claim process as simple and streamlined as possible, and that’s one of the reasons we’re maintain a 4.9 / 5 ★ rating from our customers!

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 027 0370 or request a callback here.

Claim Evaluation

Once you have spoken with our team we’ll let you know how we can help. This will involve a thorough case review and understanding of the incident, financial damages and physical injuries.

Legal Letter

Once we are satisfied we have all the information we require and have a full understanding of your circumstances. We send a letter of claim to the negligent party outlining your claim and compensation requirements.

Find out how much you can claim for today

Find out how much you can claim for today by using our online assessment tool. It will give you an idea of what you might be able to claim for and what compensation you might be able to expect in a fatal road accident claim.

Compensation amounts are guidelines only on what to expect from your fatal road accident claim. Our personal injury solicitors can advise you using their expertise and experience and can quickly tell you if you have a valid claim and what to do next.

Our team of No Win No Fee personal injury solicitors can take your case to seek the compensation you deserve. We have the experience to handle your claim for fatal road accident compensation and see it through to a successful conclusion, whether the claim is worth £1,500 or more than £10,000,000.

When you suffer the loss of a loved one in a fatal road traffic accident, the effects on your life can be devastating.

Take our online assessment today to get an idea of claim amounts and what you could be due for the pain, suffering and impact on your life of losing a loved one.

Contact your Personal Injury Team today for immediate expert advice tailored to you.

how much can you claim for personal injury