If you have sustained injuries in a car accident that was not your fault, it is important to understand that you have a legal right…
Road rage compensation claims
If you have been injured in a road rage attack, contact us to find out if you can make a personal injury compensation claim with the help of a no win no fee solicitor.
We are a claims management company regulated by the Financial Conduct Authority.
Road Rage Injury Claims
Road rage is common, and it can result in serious accidents, injuries and emotional distress. If you or a loved one suffered harm because another road user acted aggressively or dangerously, you may be entitled to make a road rage injury claim.
Examples of road rage leading to a claim include tailgating, sudden braking, weaving through traffic and cutting in front of vehicles. A successful compensation claim can cover your pain and suffering, medical treatment, counselling, lost wages and other financial losses incurred as a result.
To find out if you have a valid claim, call 0800 470 0474 today for a free case assessment or use our online contact form to request a call back.
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Table of Contents
What is a road rage injury claim?
A road rage injury claim is a type of personal injury claim initiated to seek compensation for physical or psychological damage caused by an aggressive, angry or reckless driver.
This can include situations where a driver causes an accident or injury by:
- Intentionally swerving into another vehicle
- Forcing another driver off the road or into a dangerous manoeuvre
- Engaging in aggressive overtaking or undertaking
- Tailgating or braking suddenly in front of a vehicle
- Weaving through traffic or cutting in front of a vehicle
- Getting out of their vehicle to threaten or assault someone
- Excessive honking or flashing of the lights
If you were injured because of this or other types of road rage, you may be entitled to compensation.
Is road rage a criminal offence in the UK?
Road rage is not a specific criminal offence under the Road Traffic Act 1988, the Highway Code or the sentencing guidelines for dangerous driving.
However, many behaviours associated with it are criminal offences under the law, including:
- Dangerous or careless driving – Aggressive actions that put others at risk, such as tailgating or sudden braking, may amount to offences under Section 2A and Section 3 of the Road Traffic Act 1988.
- Threatening behaviour – Threatening, abusive or disorderly behaviour, such as shouting, swearing or threatening gestures, may lead to charges under the Public Order Act 1986.
- Physical violence – Punching, pushing or threatening physical violence can lead to charges for grievous or actual bodily harm under the Offences Against the Person Act 1861.
- Damage to property – If someone else causes damage to your vehicle or other property during road rage, they could be charged under the Criminal Damage Act 1971.
Can I claim compensation for a road rage injury?
Yes. You could claim compensation for injuries sustained in a road rage incident if the following can be proven:
- Another road user owed you a legal duty of care
- They breached that duty through dangerous or aggressive behaviour
- Their actions led to a road traffic accident or incident
- You suffered a physical injury or psychological harm as a result
- You are within the legal time limit for making a claim
A specialist personal injury solicitor can assess your case for free and guide you through all the steps of the claims process.
Who can make a road rage injury claim?
Road rage attacks and incidents can happen on UK roads. Anyone who suffers physical harm or a recognised psychological injury as a result may be able to claim compensation, including:
- Drivers who are physically attacked, threatened or forced into an accident by another driver.
- Passengers injured in a road rage accident or who suffered psychological harm as a result.
- Pedestrians or cyclists on the road who were harmed by an aggressive or erratic driver.
- Parents making a claim on behalf of children injured due to road rage incidents.
Motorcyclists, horse riders, lorry drivers, and public transport drivers could also claim compensation after a road rage incident.
Who pays compensation for a road rage accident?
Who pays compensation for injuries caused by road rage depends on the circumstances of the incident. Possible liable parties include:
- The at-fault driver’s motor insurer, if the road rage caused an accident resulting in an injury and damage to your vehicle
- The Motor Insurers’ Bureau (MIB), if the aggressive driver is uninsured or they left the scene and cannot be traced
- An employer, if the driver was acting during the course of their employment at the time of the incident
If the incident involved a violent criminal act such as a physical assault, you could also make a criminal injury claim through the Criminal Injuries Compensation Authority (CICA). This may also apply in limited cases where a vehicle was deliberately used as a weapon.
What injuries can be caused by road rage incidents?
Both road traffic accidents and assaults resulting from road rage can potentially lead to a wide range of physical and psychological injuries for which you could claim compensation, including:
- Head injuries ranging from mild concussions to severe brain injuries
- Whiplash and other neck injuries
- Broken bones, such as arms, legs, ribs or collarbones
- Soft tissue injuries, including sprains, strains and lacerations
- Back injuries, including slipped discs and spinal injuries
- Damage to internal organs and internal bleeding
- Psychological injuries, such as anxiety and post-traumatic stress disorder (PTSD)
The type and severity of injury will affect the amount of compensation you could receive if you have a valid claim.
What should I do following a road rage incident?
Dealing with a road rage incident can be daunting and unnerving. If this happens to you, try to stay calm and avoid escalating the situation, do not exit your vehicle and do not engage.
If you are injured or an accident occurs, you should take the following steps to protect your health and your legal right to make a compensation claim:
- Move to a safe location and avoid engaging further with the aggressive driver.
- Call the police immediately if you are injured, threatened or harassed.
- Seek medical attention as soon as possible, even if your injuries initially seem minor.
- Record the aggressive behaviour while it’s happening, but only if it is safe and legal to do so.
- Take photos or videos of its aftermath, such as visible injuries and damage to your vehicle.
- Ask for the names and contact details of any witnesses to the scene.
- Write down the exact make, model, colour, and licence plate number of the other vehicle.
- File a report with the police and, if needed, also inform your insurer.
- Keep copies of related losses and a journal detailing your injuries and their impact.
If you decide to make a road rage injury claim, seek legal advice from a specialist solicitor as early as possible.
How much compensation could I claim for road rage?
The amount of compensation you could get depends on the severity of your injuries, the impact on your life and the type of claim you pursue.
Compensation for civil claims
If you make a civil personal injury claim, this will cover two types of damages:
- General damages – for pain, suffering and loss of amenity
- Special damages – for related financial losses and expenses, such as vehicle damage, medical treatment and loss of earnings
Compensation is calculated based on the nature and severity of your injuries, with reference to sources such as the Judicial College Guidelines where appropriate. You can use our free compensation calculator to estimate the potential value of your claim.
Compensation through the CICA
The CICA awards compensation according to its own tariff system based on the severity of injury, with a minimum award of £1,000 and a maximum award of £500,000. In some cases, you may also be able to claim special expenses, such as certain medical aids or equipment damaged in the same incident.
For example, you could receive the following awards under the CICA scheme:
- £1,500 to £6,200 for a fractured jaw
- £1,500 to £11,000 for a fractured humerus
- £1,800 to £11,000 for a fractured femur
- £2,400 to £11,000 for facial disfigurement
- £175,000 to £250,000 for a very severe brain injury
What evidence do I need for a road rage compensation claim?
You must provide evidence of the road rage and the harm it has caused you to support your claim. If possible, you should aim to gather the following:
- Medical records confirming your injuries and prognosis
- CCTV, dashcam or phone footage capturing the accident and the events that led up to it
- Witness statements from other road users or passengers who can corroborate the other driver’s aggressive behaviour
- Photographs of visible injuries and vehicle damage
- A police report and crime reference number to claim for a road rage assault through the CICA
- A personal journal detailing your symptoms, pain levels and the impact on your daily life
- Proof of lost wages and records of related financial losses and expenses
The stronger the evidence, the better your chances of proving your claim and recovering the compensation you are entitled to.
How long do I have to start a claim for road rage?
In most cases, you have 3 years to make a road traffic accident claim under civil law. However, there is a 2-year time limit from the incident date when claiming through the CICA.
A few exceptions may apply:
- For children, the limitation period does not begin until their 18th birthday. This means they have until 20 to make a CICA claim and until 21 to make a civil claim.
- If the claimant lacks the mental capacity to make a personal injury claim, the limitation period may be suspended unless they regain capacity.
You should always start a claim as soon as possible, as this makes it easier to gather evidence and witness statements to build a strong case.
Can I make a no win no fee road rage injury claim?
Yes. If you are entitled to compensation for road rage injuries, you can start your claim on a no win no fee basis. This means there are no upfront legal fees and you only pay your solicitor if your claim is successful.
There is nothing to pay if your claim is unsuccessful, which helps you access legal representation without taking any financial risk.
Road rage injury claims FAQs
Yes. You may still be able to claim personal injury compensation if the verbal abuse or harassment caused you to suffer a recognised psychological injury, such as anxiety or PTSD.
Yes. It may be possible to make a claim for psychological harm after a road rage incident if you suffered a recognised psychiatric injury. This could apply whether you were directly involved in the incident or, in some cases, witnessed a loved one suffer a serious injury first-hand.
Yes. You can act as a litigation friend and pursue compensation on behalf of a loved one if they are a child under 18 or an adult who lacks the mental capacity to represent themselves in a legal case.
Yes. Contributory negligence does not prevent you from making a claim under civil law, but any compensation awarded to you may be reduced to reflect your part of the blame.
However, the CICA may refuse or reduce your claim if your behaviour contributed to the incident or your resulting injuries.
Depending on the route of compensation, the severity of your injuries and the complexity of the case, a claim could take anywhere from a few months to over two years to settle.
Call 0800 470 0474 today or request a call back to find out if you can make a road rage injury claim and how much compensation you could be entitled to.
