Road Traffic Accident (RTA) Claims

Road traffic accident claim guide

You may be able to make a claim if you were involved in a road accident that:

• Was caused by someone else
• Happened in the UK
• Was less than three years ago
• You were injured in

We could help you on a No Win No Fee basis and your claim will be made against the responsible party’s insurer.

If we can help, you’ll work with our expert solicitors at First4InjuryClaims. They’ll gather evidence and present your claim.

Who can make a road traffic accident claim?

Anyone who has been injured in a road traffic accident that wasn’t their fault can make a road traffic accident claim. This includes:

• Drivers
• Passengers
• Cyclists
• Motorcyclists
• Pedestrians

You can also claim on behalf of a child or someone who is unable to manage their own case because of reduced mental capacity.

How do I start a road traffic accident claim?

Here’s how it usually works:

1. Seek legal support
   Fill in our online enquiry form to start the digital claims journey. You’ll be contacted by First4InjuryClaims, who will assess your case and let you know if you have a valid claim.
2. Initial investigation
   One of the legal experts at First4InjuryClaims will gather more information, identify who was responsible and build a case on your behalf.
3. Contact the other party
   The other party – or their insurance company – will be contacted with the details of your claim.
4. Negotiate compensation
   If the other party accepts responsibility, settlement negotiations will begin. If they don’t accept, your case may go to court – but this is increasingly rare.
5. Receive your compensation
   Once a settlement has been agreed, you’ll receive your compensation.

How can I pay for my claim?

Our solicitors handle road traffic accidents on a No Win No Fee basis. This means you won’t pay anything upfront and you’ll only pay your solicitor if your claim is successful.

For successful cases, solicitors will take what’s known as a ‘success fee’. This will be taken as a percentage of your final compensation amount. In road traffic accident claims, this will be 35% (plus VAT).

First4InjuryClaims will explain the terms of their No Win No Fee arrangement at the start of your claim, so there’ll be no surprises later on.

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

The amount of road accident compensation you receive will largely depend on how serious your injuries are and how long they last. When valuing your claim, your solicitor will look at:

• Your pain and suffering
• Reduced quality of life – if you’ve had to give up a hobby, for example
• Your ability to carry out day-to-day tasks

It’s important to note that this will only form part of your compensation, though. Your final settlement will also take into account:

• Lost earnings if you’ve had to take time off work
• Your future earning potential (if you’re unable to return to your previous role)
• Medical costs
• Transport costs (to and from medical appointments)
• Home adaptations or mobility aids you’ve had to pay for

What changes have there been to whiplash compensation?

The way whiplash compensation is handled has changed under the Whiplash Injury Regulations 2021. These regulations set fixed compensation amounts for whiplash injuries lasting up to two years.

As part of the changes, the government launched the Official Injury Claim (OIC) portal. This is a free online service for drivers and passengers to make their own whiplash injury claims worth less than £5,000.

The table below shows the typical compensation amounts for whiplash and other minor injuries under the Official Injury Claim guidelines:

Do I need a solicitor for a small road accident claim?

You don’t need a solicitor to submit a small road accident claim through the Official Injury Claim portal. But while this system was designed for more straightforward claims, the process can still be confusing when navigating it alone.

This is where the experts at First4InjuryClaims can help. They’ll make sure your claim is valued correctly, so you don’t miss out on any of the compensation you deserve.

The First4InjuryClaims team will help you access compensation and support that aids your recovery, such as physiotherapy, counselling and further medical treatment. You can learn more about the team here.

Who pays for my road traffic accident compensation?

Your road traffic accident compensation will usually be paid by the insurance company of the person who caused the accident.

If the other driver doesn’t have insurance or they failed to stop and share details, you may still be able to claim through the Motor Insurers’ Bureau (MIB).

In some cases, the local council or highways authority may be responsible for paying your compensation. This will usually apply if the accident was caused by poor road conditions.

What evidence will I need to prove my claim?

To prove your claim, you’ll need evidence showing who was at fault and how the accident affected you.

Evidence to support your claim could include:

• Photos or videos of the accident scene, vehicle damage and any visible injuries
• Witness details and statements from anyone who saw what happened
• Dashcam or CCTV footage showing the collision or events leading up to it
• Medical records and reports confirming your injuries and treatment
• Police reports or incident reference numbers
• Receipts or payslips showing any costs or lost earnings due to the accident
• Your own notes explaining what happened and how your injuries are affecting your life

Your solicitor will help you gather some of this evidence, so you don’t need to worry about having it all to hand immediately. But the more of this information you have, the stronger your claim will be.

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

Road Traffic Accident Claim FAQs

What is the time limit to claim after a road traffic accident?

You’ll usually have three years from the date of your road traffic accident to make a claim. There are some exceptions to this, though. For example:

• Claiming for a child
  In these cases, you’ll have until the child turns 18 to claim on their behalf. They’ll then have until they’re 21 to make their own claim.
• Acting for someone lacking mental capacity
  If you’re claiming for someone without mental capacity, there won’t be a time limit applied unless they regain mental capacity. This might apply if the person affected has suffered a head or brain injury.
• Making a claim for someone who has died
  Sadly, some road traffic accidents are fatal. Loved ones will have three years from the date of the person’s death to make a claim in these cases.

Can I claim after a hit and run accident?

Yes, you can still make a claim after a hit and run accident.

In these cases, compensation is paid through the Motor Insurers’ Bureau (MIB), a government-backed organisation that helps people injured by unidentified or uninsured drivers.

You’ll still need to provide as much evidence as possible, such as police reports, medical records and witness details, to support your claim. A solicitor will help you with this process and make sure your claim is handled properly from start to finish.

What if the other driver is uninsured?

The MIB also covers injuries and losses caused by uninsured drivers. So even if the driver who caused your accident didn’t have insurance, you could still receive compensation.

We work with legal experts who can help you prepare your claim for the MIB and make sure everything is submitted correctly.

How long do road traffic accident claims take?

The time it takes to settle a road traffic accident claim depends on how serious your injuries are and whether responsibility is accepted by the other party.

More straightforward claims, such as minor whiplash cases, can often be resolved within about six months. But complex cases involving serious or multiple injuries may take a year or longer, especially if court proceedings are needed.

Your solicitor will keep you updated at every stage and work to settle your claim as quickly as possible, while still securing the compensation you deserve.

To find out how we could put you in touch with a road traffic accident solicitor, talk to us today. Just fill in our quick enquiry form.