Road Traffic Accident (RTA) Claims

On this page:

• Making a road traffic accident claim
• What is the road traffic accident claims process?
• How can I pay for my road accident claim?
• How much compensation for a road traffic accident could I get?
• Who will pay for my road traffic accident compensation?
• How long after a road traffic accident can you claim?
• Can a passenger claim for a road traffic accident?
• How long does a road traffic accident claim take?

Making a road traffic accident claim

Using the roads comes with risk. An estimated 1,607 people were killed on UK roads in the year ending June 2024. In total, there were 128,920 casualties of all severities reported from road accidents.

According to the Department for Transport, some of the most common causes of road traffic accidents include:

• Careless or reckless driving
• Drivers impaired by alcohol or drugs
• Failing to look properly
• Losing control of a vehicle
• Making a poor turn or manoeuvre
• Not judging another driver’s path or speed correctly

No matter how a road traffic accident happens, the impact can be devastating.

As well as coming to terms with your physical injuries, you may also find yourself struggling mentally. Many people worry about getting into a vehicle again after an accident, which can be extremely limiting.

Making a road traffic accident claim won’t undo what happened, but it could help to bring some additional financial security while you recover, as well as a sense of justice and closure.

We work with experienced road traffic accident solicitors who can help if you’ve been involved in a collision caused by someone else. Get in touch to find out more.

What is the road traffic accident claims process?

We know the thought of claiming compensation for a road traffic accident can feel daunting. But it can help to break down the process into stages:

1. Finding legal support
If you think you have a claim, get in touch with our team for a free initial chat. We’ll talk to you about what happened and put you in touch with a legal expert.

2. Gathering evidence
Your solicitor will gather evidence including medical records, witness accounts, dashcam footage and photographs. These will all go towards strengthening your claim.

3. Contacting the other side
A letter of claim will be sent to the party responsible for your injuries or their insurance provider. They will then need to either accept or deny responsibility.

4. Negotiating a settlement
If the other party accepts responsibility, your solicitor will start to negotiate a settlement. If responsibility is denied, a court date may be set. But your solicitor will continue to gather evidence and do all they can to settle the case outside of court.

5. Receiving your compensation
When a final settlement amount has been agreed, a deadline will be set for your compensation to be paid. This applies whether your case was settled in or out of court.

While these steps can be used as a general guide, your solicitor will be able to provide more detailed information on the claims process after talking to you.

How can I pay for my road accident claim?

Our solicitors handle road traffic accident claims on a No Win No Fee basis. This means there will be nothing for you to pay upfront and no legal fees for you to cover if your case is unsuccessful.

If your claim is successful, a success fee of up to 35% plus VAT will be taken from your final compensation amount. This is higher than the usual 25% fee for personal injury claims due to the changes introduced through the Civil Liability Act 2018.

Your solicitor will explain their success fees to you in detail before starting your claim. So you won’t need to worry about any surprise costs further down the line.

Road traffic accident claim FAQs

How much compensation for a road traffic accident could I get?

Under the Civil Liability Act, road traffic accident claims worth less than £5,000 are now processed through the self-service Official Injury Claim portal.

For these claims, the amount of compensation you receive will depend on how long you suffered with the symptoms of your injury after your accident:

You may also be entitled to compensation for any financial losses you’ve experienced as a result of your injury.

For more information on the compensation you could receive, get in touch with our team.

Our client stories:

• Mr Clarke, who was awarded £3,000 for a cycling accident
• Hannah, who received £1,800 after being in a bus accident
• Mr Ahmed and his family, who got £38,000 after a car accident

Who will pay my road traffic accident compensation?

In most cases, the party responsible for your accident will pay your compensation. But the process for securing your settlement will depend on who the claim is brought against:

• Another driver
  When you bring a claim against another insured driver, your compensation will be paid through their insurance company. This is the most common scenario for road traffic accident claims.
• Uninsured driver
  If you were injured in a collision caused by an uninsured driver, you could claim compensation through the Motor Insurers’ Bureau (MIB).
• Unknown driver
  The MIB also pays out compensation for hit and run incidents. So even if you weren’t able to get the details of the other driver, you may still be able to claim in this way.
• Road conditions
  If your accident was caused by poorly maintained roads, your compensation will be paid by the organisation responsible for the road. This could be the local authority or a body such as Highways England or Transport Scotland.

Your solicitor will determine who your claim should be brought against after reviewing the details of your case. So you don’t need to worry if you’re not sure.

How long after a road traffic accident can you claim?

Most people will have three years from the date of their road accident to make a compensation claim. But it’s always advisable to begin the process as early as possible.

The sooner you start your claim, the fresher the details will be in your mind and in the minds of any witnesses. It may also be easier to access key evidence such as dashcam or CCTV footage.

Not everyone will face the same three-year deadline, though.

If you’re claiming on behalf of a child, you’ll have until their 18th birthday to do so. If you don’t make a claim during this time, they will have until they’re 21 to bring a case for compensation themselves.

Meanwhile, if you’re taking legal action for someone who doesn’t have the mental capacity to manage their own claim, there will be no time limit applied.

Can a passenger claim for a road traffic accident?

Yes. If you’re a passenger who has been involved in a collision on the road and suffered injuries through no fault of your own, then you’re entitled to make a claim for compensation.

How long does a road traffic accident claim take?

The length of time it takes to make your claim will depend on your individual circumstances.

Every case is different, so it’s difficult to say how long the process will be from start to finish.

Once your solicitor has completed their initial investigations into your case, they’ll be in a better position to advise you on how long the process is likely to take.

To give you a general idea, a claim for minor whiplash could be completed in about six months. But in more complex cases – such as claims involving life-changing injury – it could take over a year to be settled.

Our knowledgeable advisors are here to answer any questions you may have about the claims process. To find out more about how we could help you, get in touch with us.

You can reach us on the number at the top of the screen or fill in our quick and easy online form.

We’re here to support you, whenever you’re ready.