No Win, No FeeIt is unfortunate that sometimes drivers become angry when they see something on the road that upsets them. This can lead to road rage where the driver’s anger can make them drive dangerously or recklessly and, in some cases, this can result in accidents and serious injuries. We’re often asked can you sue someone for road rage? Generally, the answer is yes if their actions have caused an accident or incident in which you have suffered personal injuries or property damage.
To find out if you might be able to sue someone for road rage, we offer a free consultation. After you’ve described the road rage incident to us, we’ll explain your legal options. If you wish to make a claim a personal injury solicitor from our panel believes your claim is viable, your case will be managed on a No Win, No Fee basis.
Please read on for more information on suing someone for road rage or call 0800 652 1345 if you’d like to discuss your options right away.
Is road rage illegal?
Legally, the Road Traffic Act 1988 does not provide a definition of road rage. Neither do the sentencing guidelines for dangerous driving. That essentially means it’s not a specific offence. However, you could sue someone for road rage-related incidents or accidents as all road users have a duty of care to try to prevent accidents by using the roads as safely as possible.
Some examples of the types of actions that could constitute road rage include:
- Sounding a car’s horn aggressively.
- Trying to intimidate another driver by driving too close to them.
- Brake testing – where a driver deliberately slams the car’s brakes on to try and scare another driver.
- Assaults where a driver affected by road rage attacks another driver physically or verbally.
- Intimidating cyclists or horse riders by driving too close or sounding the car’s horn.
- Aggressively stopping another driver from filtering into a queue of traffic.
- Driving recklessly in and out of traffic.
All of the above could be described as road rage. More importantly, they could mean that another driver has broken the rules of the Road Traffic Act which means you may be entitled to compensation for any injuries suffered as a result.
Can I sue someone for road rage?
For a personal injury solicitor to help you to claim compensation for road rage, they’ll first be looking to confirm whether:
- The defendant in your case committed road rage (negligence); and
- A road traffic accident happened because of their road rage; and
- You suffered personal injuries because of the accident.
If the solicitor believes all of the above to be true, you may be able to sue for compensation. If your claim is taken on by a personal injury solicitor on our panel, they’ll want proof to show you were the victim of road rage and what injuries you suffered so we’ll review what types of proof could be helpful shortly.
Who can sue for road rage compensation?
It’s important to point out that anyone injured as a result of road rage could sue for compensation. That means car drivers, car passengers, cyclists, pedestrians, public transport drivers, horse riders, lorry drivers and motorcyclists could all sue someone for road rage if they were injured in an accident that ensued.
Types of injuries you could sue for due to road rage
A driver affected by road rage can cause accidents that lead to many different types of personal injuries. You could potentially sue for compensation for any injury caused by road rage so, in this section, we’ve included some of the most common:
- Shoulder and neck injuries including whiplash.
- Spinal injuries.
- Head injuries.
- Cuts, lacerations and severe bruising.
- Soft tissue injuries affecting ligaments, muscles and tendons injuries.
- Fractured bones.
- Broken jaw, broken ribs and other injuries caused by an assault.
- Psychiatric injuries such as Post-Traumatic Stress Disorder (PTSD).
A personal injury solicitor on our panel could help you to claim compensation for an injury caused by road rage. So, even if we haven’t described your injury here, please get in touch to find out how we could help you claim the compensation you deserve.
Criminal injuries
Unfortunately, relatively minor incidents can cause drivers to lose their rag and become angry very quickly. Sometimes, this anger can result in an otherwise well-behaved person attacking someone they perceive to have done them wrong.
If you’ve been assaulted by another driver, they will no doubt have committed a criminal act and could face prosecution by the police. If you sustained any injuries during the assault, you could claim compensation through the Criminal Injuries Compensation Authority (CICA).
This government-backed scheme allows innocent victims of crime to receive compensation for their injuries. Its criteria are similar to personal injury claims but you must have reported the crime to the police (and received a reference number).
Importantly, you could receive compensation for criminal injury from the CICA in cases where the other driver was not identified, charged or tried in court so please feel free to call to discuss your options.
Hit-and-run road rage and uninsured drivers
In some cases, road rage drivers do not stop at the scene of the accident or they may not have a motor insurance policy to cover them. In these circumstances, you could claim against your own insurance policy but that might affect the cost of future premiums.
Another option is to claim through the Motor Insurers Bureau (MIB). This is a scheme paid for by a levy on insurance premiums that was set up by the government. If you wish to claim through the MIB, we can help but you will need to supply as much information about the other vehicle as possible. Please get in touch to find out more.
How much compensation do victims of road rage get?
Every road rage claim is assessed independently meaning there’s no set amount of compensation you’d get. So, firstly, you’ll generally be asked to be examined by an independent medical specialist (usually arranged by your personal injury solicitor) to get an understanding of the severity of your injuries. The specialist will also discuss your injuries with you to find out how they’ve affected you. The medical report that follows will help your solicitor to determine how much compensation for road rage you could be entitled to.
As well as claiming for your physical injuries, your solicitor will work out whether you could be compensated for:
- Psychological harm including flashbacks, distress and anxiety.
- The cost of medical treatment and physiotherapy.
- Loss of amenity if your injuries from the road rage incident have encumbered your hobbies.
- Loss of earnings (current and future).
- Care costs and the time a loved one supported you while you were recovering from your road rage injuries.
- Travel expenses.
- The cost of making your home more accessible if you’ve been left disabled by the incident.
Understanding how you’ve suffered as a victim of road rage is an important process if you’re to be compensated fairly. As such, your solicitor will assess your case in detail before submitting your claim.
Providing proof for a road rage compensation claim
Following any type of road traffic accident, there are some steps that you need to do legally. There are also some actions you can take to collect proof that might be helpful if you decide to make a personal injury claim for road rage. They include:
- Write everything down. As soon as you can, make a note of the other vehicle and driver. This should include the make, model, colour and registration number of the vehicle and a description of the driver.
- Report the accident to the police if anyone is injured. This is a legal requirement if the other driver has committed an offence or anyone was injured. Reports must be filed within 24 hours of the accident.
- Take photographs. Taking pictures before vehicles are moved after a road rage accident can help to prove how the incident occurred. Pictures of any vehicle damage can also help to piece together what happened. Where you have any noticeable injuries, photograph these periodically as well.
- Swap details. It’s an offence not to provide your contact and insurance information to anyone involved in an RTA. You should call the police if the other driver won’t provide theirs.
- Secure dashcam footage. If your vehicle has a dashcam, ensure it has saved the footage of the incident (many do this automatically). Also, try to collect footage from anyone else who stopped at the scene.
- Get medical treatment. To try and ensure that your road rage injuries are treated correctly, go to a hospital or medical facility. If you go on to make a claim, your medical notes and X-rays will be requested as proof of your diagnosis.
If you’ve taken any of the steps above, let us know when you get in touch. If your road rage claim proceeds and any further information is needed, your solicitor will work hard to secure it.
How long do you have to sue someone for road rage compensation?
In the UK, most road traffic accident claims have a 3-year time limit. Generally, for road rage claims, this will start from the date of the incident. Although 3 years is plenty of time to begin a claim for road rage compensation, we suggest that you don’t waste any time getting legal advice.
By starting the claims process early, you’ll allow your solicitor plenty of time to gather medical information and supporting proof for your claim. Of course, the sooner you take action, the sooner you should receive any compensation due if the claim is won.
If your child was injured as a result of road rage, you won’t need to worry about the time limit right away. Their 3-year time limit starts on their 18th birthday but you can start a child personal injury claim for them at any time before that date.
Finally, a 2-year time limit applies to claims made through the Criminal Injuries Compensation Authority.
No Win, No Fee claims
We believe that most people will benefit from having legal representation when lodging road rage compensation claims. If you work with a personal injury solicitor from our panel, their legal training and experience should make the process a lot smoother and could improve your chances of winning the claim.
The solicitors from our panel all provide a No Win, No Fee service for road traffic accident claims. That means you:
- Won’t be asked to pay any fees or costs upfront.
- Don’t need to pay your solicitor if the road rage claim is unsuccessful.
- Will pay a set percentage from your settlement if your claim is won.
The percentage you’ll pay will be clear from the start as it will be listed in your Conditional Fee Agreement (CFA). Once you’ve signed your contract, your solicitor’s main goals will be to:
- Collect proof of the nature of your accident and road rage injuries.
- Contact the defendant’s insurance company.
- Argue your case as strongly as possible.
- Try to ensure you are fully compensated for your suffering.
Throughout the course of the claim, your solicitor will send you updates so that you know how the claim is progressing.
To see if you could make a road rage injury claim with a No Win, No Fee solicitor, please call today.
Start a road rage compensation claim today
If you’ve decided it’s time to act after being injured because of someone else’s road rage, please feel free to call 0800 652 1345 today. One of our friendly advisors will listen to what’s happened and explain your legal options for free.
Should your claim be suitable, a personal injury lawyer from our panel may offer to help you claim. They’ll conduct the claim on a No Win, No Fee basis which means that there won’t be any legal fees payable unless compensation is paid.
Hopefully, we’ve answered the question, “Can you sue someone for road rage?”, but if you need to know anything further, please connect to our live chat service or claim your free consultation here.
