Road Accidents: Getting the Compensation You Deserve
If you’ve been injured in a road traffic accident that wasn’t your fault, you may be entitled to compensation. This guide explains your rights and how to bring a claim after a car, motorcycle, bike, or pedestrian accident in England and Wales.
Who can claim after a road accident?
- Drivers injured by another vehicle
- Passengers in any vehicle
- Motorcyclists and pillion passengers
- Cyclists and pedestrians
- Public transport users (buses, taxis, trains)
You can usually claim if someone else was wholly or partly at fault. In some cases, you may still claim even if you were partly to blame (known as contributory negligence).
What can you claim for?
General damages
- Pain and suffering
- Loss of enjoyment of life
- Psychological trauma (e.g. PTSD)
Special damages
- Lost earnings (including future loss)
- Medical and rehabilitation costs
- Travel expenses
- Damage to vehicle or belongings
- Care and support needs
Time limits
You must normally start your claim within 3 years of the accident, or:
- By your 21st birthday if you were under 18 at the time
- Later if you lacked mental capacity to claim
What to do after an accident
- Get medical help: Seek treatment immediately — even for minor injuries. Medical records are key evidence.
- Report the accident: Call the police if there are serious injuries or a driver fails to stop. Inform your insurer, even if you’re not claiming through them.
- Gather evidence:
- Take photos of the scene, vehicles, injuries, and road layout
- Get contact details for the other driver(s), witnesses, and police officers
- Note down the time, location, weather, and traffic conditions
- Contact a solicitor: A specialist personal injury lawyer can advise on liability, evidence, and compensation.
What if the other driver is uninsured or fled the scene?
You can still claim through the Motor Insurers’ Bureau (MIB). The MIB compensates victims of uninsured and untraced drivers, though the process may take longer.
Low-value injury claims
For whiplash and other soft tissue injuries in car accidents, new rules apply:
- Claims under £5,000 in value must be made via the Official Injury Claim portal
- You may not be able to recover legal fees, so many people make these claims themselves
- Fixed compensation amounts apply to whiplash injuries
Other injuries, and claims by pedestrians, cyclists, or motorcyclists, are usually not affected by these limits.
Funding your claim
Most solicitors offer “no win, no fee” arrangements (Conditional Fee Agreements). You pay nothing upfront and only contribute to costs if your claim succeeds. Your contribution is usually capped at 25% of your compensation.
Will I have to go to court?
Probably not. Most claims settle through negotiation or alternative dispute resolution. If liability is disputed, your solicitor may issue court proceedings — but this rarely leads to a full trial.
How long does it take?
Simple claims may settle in a few months. More serious injuries can take 12–18 months or longer, especially if medical evidence or long-term care assessments are needed.
Claims on behalf of others
You can claim as a “litigation friend” for:
- Children under 18
- Adults who lack capacity to bring a claim
In fatal cases, dependants or the estate may be able to claim for:
- Bereavement damages
- Funeral costs
- Loss of financial dependency or services
Disclaimer
This article provides general information about road traffic accident claims in England and Wales as of April 2025. It is not legal advice, and laws can change. Your individual circumstances may affect how the law applies to your situation.
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