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Road Traffic guide · England & Wales

Road traffic accident claims:a step-by-step guide to compensation

How road traffic accident claims work in England and Wales — who can claim, what to do after a crash, time limits, whiplash rules and what your claim could be worth.

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Written by Leanne Henton, Head of Personal Injury and Medical Negligence.
Reviewed by Leanne Henton on .
In short

If you were hurt in a crash that wasn't your fault, you may be able to claim. You usually have three years from the collision, or from when you linked your injury to it. Drivers, passengers, motorcyclists, cyclists and pedestrians can all claim. Most cases settle without court, usually on a No Win No Fee basis.

Reviewed by Leanne Henton, Head of Personal Injury and Medical Negligence, NJS LawLast reviewed: September 2026 · England & Wales

Figures verified with NJS Law on 9 November 2026.

1Who can make a road traffic accident claim?

Anyone injured by a driver who failed to take reasonable care can claim — drivers, passengers, motorcyclists, cyclists and pedestrians, including people hit by uninsured or untraced drivers.

Road traffic claims differ from other injury claims because of compulsory insurance, insurer-to-insurer handling, the whiplash tariff and claims through the Motor Insurers' Bureau (MIB). Common examples of negligent driving include:

  • Rear-end collisions
  • Failing to give way
  • Running a red light or speeding
  • Using a phone or being distracted
  • Drink or drug driving
  • Unsafe overtaking

2The claim process, step by step

Step 1Immediate priorities at the sceneGet to safety, switch off engines, use hazard lights and call the emergency services if anyone is hurt. Exchange details, and report to the police if the other driver refuses or leaves — a police reference number is useful evidence.
Step 2Get medical treatmentSeek urgent care for head injuries, loss of consciousness, suspected fractures, severe neck or back pain, or chest pain. See your GP about delayed symptoms such as whiplash or anxiety, and make sure the accident is recorded in your notes.
Step 3Preserve evidence — without stressYou don't need to build the case yourself. Photos, dashcam footage, CCTV, bus or lorry camera footage and independent witness details all help — some footage needs securing quickly.
Step 4Fault and liabilityWe deal with liability. Responsibility can be shared, which reduces compensation in proportion. If the other driver was uninsured or can't be traced, we claim through the MIB.
Step 5Starting the claimWe gather evidence and medical records, identify the insurer, notify the claim and handle all correspondence and negotiation. You stay informed and in control of key decisions.
Step 6Medical evidence, funding and settlementAn independent medical expert assesses your injury. If liability is admitted early, interim payments can fund physiotherapy or equipment. Most claims settle, with payment usually within a few weeks.
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3Time limits: how long do you have to claim?

Under the Limitation Act 1980, adults generally have three years from the accident, or from when they knew of the injury, to start court proceedings.

  • Children — the three years start at 18, so a claim can usually be brought up to age 21. A parent can claim sooner as litigation friend.
  • Lack of mental capacity — if someone lacked mental capacity when the injury happened, the three years do not start until they regain it. If they lose capacity later, the time limit keeps running, so act quickly.
  • Fatal accidents — claims after a death usually have to start within three years of the death, or of when the family learned the facts, whichever is later.
  • Court discretion — in rare cases a court can extend the limit under section 33.
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4How much compensation can you claim?

General damages cover pain, suffering and loss of amenity; special damages cover lost earnings, care, travel and future costs. Lower-value whiplash claims are valued using the fixed statutory tariff; other injuries use the Judicial College Guidelines, 18th edition (2026).

InjuryIndicative range
Whiplash / minor soft tissueFixed tariff for road accidents on or after 31 May 2025: £275 to £4,830, or up to £4,975 with minor psychological injury (the tariff table)
Moderate neck£10,420 to £50,850
Moderate back£16,520 to £51,230
Serious back£51,230 to £212,670
Arm / shoulderUp to £172,970
Simple leg fractureUp to £18,600
Head and brain£2,920 to £533,720
Psychological (incl. PTSD)£2,040 to £152,900

Indicative ranges based on the Judicial College Guidelines, 18th edition (2026). General guidance only, not a quote — financial losses (special damages) are added on top.

£28,000
Real resultRear-end collision at a red lightOur client was hit from behind while stopped at a red light and suffered nerve damage and chronic pain. Every case is different.
Read the full story

5How long do road traffic accident claims take?

Clear liabilityOften 12 to 18 months.
Disputed or complexTwo to three years or more, especially where the prognosis is uncertain.

6How is a claim funded? No Win No Fee explained

Most claims are funded by a Conditional Fee Agreement — No Win No Fee. You pay no upfront fees, nothing if your claim is unsuccessful, and, only if you win, a success fee from your compensation that the law caps. Your letter of engagement sets out exactly what you will pay, and we explain every term before you sign anything.

Read how No Win No Fee works

7Why choose NJS Law?

Clear, realistic advice; evidence-led preparation; transparent funding; regular updates; and you stay in control of every key decision.

8Frequently asked questions

Will I have to attend court?
Most claims settle, though a short hearing is needed to approve settlements for children or those lacking capacity.
Can I claim if I was a passenger?
Yes — passengers claim against the at-fault driver's insurer, even if the driver is a friend or relative.
Can I claim if both drivers were partly at fault?
Yes. Your compensation is reduced by your share of fault; innocent passengers can usually recover in full.
What if I wasn't wearing a seatbelt?
It doesn't stop you claiming, but compensation may be reduced, often by up to a quarter, if a seatbelt would have prevented or lessened the injury.
Can cyclists and pedestrians claim against drivers?
Yes. Cyclists don't need insurance to make a claim.
Can I claim for psychological injury only?
Yes, for a recognised condition such as PTSD or depression supported by medical evidence.
What if the other driver was uninsured or denies fault?
A denial doesn't stop a claim, and uninsured or untraced drivers can be pursued through the MIB.
Can I claim for lost earnings?
Yes — past and future lost earnings.

9More on road traffic claims

Claims process & funding
Whiplash
Motorcyclists & cyclists
Pedestrians & public transport
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