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Injury claims

Road Traffic Accident Claims

Road accidents can leave you coping with injuries, vehicle damage and time off work at the same time. We help you understand your position and what to do next.

Claiming after a road traffic accident

Every road user owes others a duty to take reasonable care. If another driver’s negligence caused your accident, you may be able to claim compensation for your injuries and related losses from their insurer.

Claims can be brought by drivers, passengers, cyclists, motorcyclists and pedestrians. Passengers are rarely found to be at fault, and a claim may still be possible even if you were partly responsible, although compensation may then be reduced.

Since 31 May 2021, many lower-value road traffic injury claims by adults in England and Wales have been handled through the Official Injury Claim service. Whiplash injuries are valued using fixed tariff amounts set by regulations. Different rules apply to some road users, including pedestrians, cyclists and motorcyclists, and to children.

Common situations

  • Rear-end collisions and injuries such as whiplash
  • Collisions at junctions, roundabouts or while changing lanes
  • Cyclists and motorcyclists injured by other vehicles
  • Pedestrians struck by a vehicle
  • Passengers injured in a car, taxi, bus or coach
  • Accidents involving an uninsured or untraced driver

Your options and next steps

After an accident, drivers involved must stop and exchange details. If details are not exchanged, the accident must be reported to the police as soon as reasonably practicable and in any case within 24 hours. Your own insurer should also be told about the accident, even if you do not intend to claim on your policy.

If the other driver was uninsured, or cannot be traced, a claim may be possible through the Motor Insurers’ Bureau, which compensates victims in these situations under agreements with the government.

Claims for vehicle damage, hire cars and personal injury are often dealt with together, but not always. Understanding which route applies to your claim helps avoid delays and duplicated paperwork.

Documents and evidence that may help

You do not need to have everything before you contact us, but the following can help us understand your situation more quickly:

  • The other driver’s name, registration number and insurance details
  • Photographs of the vehicles, the road layout and any visible injuries
  • Dashcam or other video footage, if available
  • Witness names and contact details
  • Police reference number, if the police attended or the accident was reported
  • Records of medical treatment and time off work
  • Repair estimates, invoices and receipts for expenses

How we assess your enquiry

  1. Tell us what happened. Use the enquiry form, call or email with a short summary.
  2. We review the details. We may ask a few questions or request key documents.
  3. We explain your options. Including whether your matter is one we can help with.
  4. You decide. Nothing goes further until you have agreed the scope of any work and any fees, confirmed in writing.

Frequently asked questions

What if I was partly to blame?

You may still be able to claim. If you were partly responsible, your compensation may be reduced to reflect your share of the blame. This is known as contributory negligence.

What if the other driver did not stop or was not insured?

Victims of uninsured and untraced drivers may be able to claim through the Motor Insurers’ Bureau. Reporting the accident to the police promptly is particularly important in these cases.

What are the whiplash reforms?

Rules introduced in May 2021 changed how many lower-value road traffic injury claims by adults are handled. Whiplash injuries lasting up to two years are now valued using a fixed tariff, and many claims are made through the Official Injury Claim service. Whether these rules apply depends on who you are, the type of injury and the value of the claim.

How long do I have to claim?

Most road traffic injury claims must be started within three years of the accident. Different rules apply to children and in some other circumstances.

Please note: this page gives general information based on the law of England and Wales. Different rules can apply in Scotland and Northern Ireland. It is not legal advice and should not be relied on for your particular situation. Every matter depends on its own facts, and no outcome or level of compensation can be guaranteed.

Free initial consultation

Tell us briefly what has happened and we will explain your possible next steps.

+44 7838 707965
info@disputelawyers.co.uk

Seek medical attention

Even if your injuries seem minor, see a GP or attend hospital. A medical record made soon after the accident can be important evidence.

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Talk to us about your situation

A free initial consultation gives you the chance to explain what has happened and understand your options, with no obligation to go further.