Claiming compensation after a car accident
A road traffic accident claim is a compensation claim against the driver — or, in practice, the driver's insurer — whose negligence caused a collision in which you were injured. Road traffic accidents are the most common type of personal injury claim in the UK, and the law is well established: if another road user failed to drive with reasonable care and you were hurt as a result, you are entitled to be compensated.
Our road traffic accident solicitors act for drivers, passengers, motorcyclists, cyclists and pedestrians for clients throughout England and Wales. Every claim runs on a No Win, No Fee agreement, so there is nothing to pay upfront and nothing at all to pay if the claim does not succeed.
Who can make a road traffic accident claim?
You do not need to have been driving to bring a claim. We regularly act for:
- Drivers Where another road user was wholly or partly responsible for the collision.
- Passengers Passengers are almost never at fault, which makes these among the most straightforward claims — including against a friend or family member’s insurer.
- Cyclists Collisions caused by careless overtaking, car doors opened without looking, or drivers pulling out at junctions.
- Motorcyclists Riders are disproportionately likely to be seriously injured, and insurers often try to allege excessive speed. We push back on that.
- Pedestrians Including accidents on crossings, in car parks and where a vehicle mounted the pavement.
- Families of those killed Dependants can bring a fatal accident claim for bereavement, funeral costs and loss of financial support.
Common road traffic accident injuries
Compensation is assessed on the injury itself and the effect it has on your life. The injuries we see most often in car accident claims include:
- Whiplash and soft tissue neck injury
- Back and spinal injuries
- Broken bones and fractures
- Head injuries and concussion
- Shoulder, knee and joint injuries
- Cuts, bruising and scarring
- Psychological injury and driving anxiety
- Life-changing and multiple injuries
What to do after a road traffic accident
The steps you take in the first days after a collision have a real effect on your claim. If you are reading this soon after an accident:
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1
Stop and report the accident You are legally required to stop. Report it to the police within 24 hours if anyone was injured or details were not exchanged.
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2
Exchange details Take the other driver’s name, address, registration and insurer. Note the make, model and colour of the vehicle.
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3
Photograph everything Vehicle positions, damage to both cars, skid marks, road layout, signage and weather conditions. Photographs settle liability arguments.
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4
Get witness details Independent witnesses carry real weight. Ask for a name and phone number before they leave the scene.
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5
See a doctor Attend A&E or your GP even if the pain seems minor. Whiplash often worsens over 48 hours, and the medical record dates your injury.
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6
Speak to a solicitor before the insurer Third-party insurers often make quick, low offers direct to injured people. Take advice before accepting anything — settlements are final.
How much compensation could you receive?
Every claim is valued on its own facts, so no solicitor can promise a figure at the outset. What we can do is explain how the calculation works. Your compensation is made up of two elements:
General damages — the injury itself
This covers the pain, suffering and loss of amenity caused by the injury: how much it hurt, how long it lasted, and what it stopped you doing. Courts value this using the Judicial College Guidelines, supported by the independent medical report obtained in your case.
Special damages — your financial losses
This covers every pound the accident actually cost you, provided you can evidence it. That includes lost earnings for time off work, the cost of private physiotherapy or treatment, vehicle repair or write-off shortfalls, hire car charges, insurance excess, prescriptions, travel to appointments, and care provided by family while you recovered.
Keep every receipt, payslip and appointment letter from the moment of the accident. Claims are frequently under-settled simply because the losses were never documented — and once a claim settles, it cannot be reopened.
Uninsured, untraced and hit-and-run drivers
If the driver who hit you had no insurance, or drove off before you could take their details, you may still be able to claim through the Motor Insurers' Bureau (MIB). The MIB exists precisely for these situations and operates two schemes: the Uninsured Drivers' Agreement and the Untraced Drivers' Agreement. Both have their own procedures and shorter notification deadlines than an ordinary claim, so it is important to get advice quickly. We handle MIB claims as part of our standard road traffic accident service.
How long do I have to claim?
The general limitation period for a road traffic accident claim is three years from the date of the accident. There are important exceptions. If you were under 18 at the time, the three years runs from your eighteenth birthday. If the injured person lacks mental capacity, time may not run at all. Claims involving accidents abroad can be subject to much shorter foreign limitation periods, sometimes as little as one year.
Beyond the legal deadline, there is a practical reason to act early: witnesses move on, CCTV is overwritten, and vehicle damage is repaired. The sooner we can gather evidence, the stronger your claim.
Types of road traffic accident claim
A road traffic claim is the same law whoever you were on the road, but the evidence that decides it is not. These are the collisions we are asked about most, and what tends to turn each one.
Car accident claims
Drivers and passengers. Liability usually turns on the police report, dashcam footage and the pattern of vehicle damage.
Motorbike accident claims
Riders come off worst in a collision and are too often blamed for filtering, which is lawful. Protective clothing and helmet damage are evidence, so keep them.
Cyclist accident claims
Close passes, car doors opened without looking, and drivers pulling out of junctions. Helmet-cam footage settles most of these quickly.
Pedestrian accident claims
Being hit on a crossing, a pavement or in a car park. Contributory negligence is often argued and often overstated — it reduces a claim, it does not end it.
E-scooter accident claims
Riders injured by a vehicle, and people injured by a scooter. Insurance is the difficult part here and depends on whether it was rented or privately owned.
Bus and coach accident claims
Passengers hurt by a sudden stop, a fall on the stairs, or a collision. The operator owes a duty to carry you safely, whether or not another vehicle was involved.
Train and rail accident claims
Platform and gap falls, doors closing on passengers, and station slips. Rail operators and Network Rail are separately responsible for different parts of a station.
Hit and run and uninsured drivers
The driver drove off, or had no insurance. The Motor Insurers' Bureau exists for exactly this — but its deadlines are shorter than an ordinary claim, so these cannot wait.