If you’ve been involved in a road traffic accident (RTA), the experience can be distressing, especially if you’ve suffered a personal injury. Whether you were a driver, passenger, pedestrian, or cyclist, UK law allows you to claim compensation if the accident was caused by someone else’s negligence.
Personal injury lawyer Handan Demir has put together this practical guide to answer the most frequently asked questions about road traffic accident claims and help you understand your rights.
What should I do immediately after a road traffic accident?
There are several steps to take if you’ve been involved in a road traffic accident:
1. Check for injuries and call emergency services if necessary.
2. Exchange details with the other party/parties (name, contact details, registration, insurer).
3. Take photos of the scene, vehicle damage, and injuries.
4. Get witness contact details, if available.
5. Report the accident to your insurer.
6. Seek medical attention, even for minor symptoms. This forms important evidence for any future claim.
Can I claim compensation for personal injury after a road traffic accident?
Yes. You can make a claim if:
- The accident was not your fault (fully or partially).
- You suffered a physical or psychological injury.
- The incident occurred in the last three years (exceptions apply for children and those lacking mental capacity).
What can I claim for after a road traffic accident?
Typical personal injury RTA claims may include:
- Pain, suffering, and loss of amenity (general damages). This means the negative impact the injury has had on your ability to enjoy life as you did before the accident, including social activities, hobbies, and your overall quality of life.
- Medical treatment costs
- Loss of earnings due to the injury
- Travel and rehabilitation expenses
- Vehicle damage (though this is often dealt with separately)
How is fault determined?
Fault is assessed based on negligence, using:
- The Highway Code
- Police and insurance reports
- Witness statements
- Dashcam or CCTV footage
Even if you’re partially at fault, you may still be able to recover reduced compensation under the principle of contributory negligence – where you are found to be partially responsible for your own injuries.
How long does it take to receive compensation after an accident?
Most straightforward claims are settled within 6 to 12 months of starting the claim. Complex cases (e.g. with disputed liability, serious injury, or uninsured drivers) may take longer. Your solicitor will be able to give you a clearer idea of timelines based on your circumstances and individual claim.
Do I need a solicitor to claim compensation after a road traffic accident?
It is highly recommended to instruct a personal injury solicitor in any claim following an accident. They will use their expertise and experience to:
- Assess your case strength
- Gather medical and legal evidence
- Negotiate with insurers
- Ensure you’re not under-compensated
- Handle the Official Injury Claim (OIC) portal if applicable (for whiplash and minor injuries)
This not only gives you a better chance of success in your claim, but it also alleviates a lot of the stress that comes with dealing with a personal injury claim, as your solicitor will be able to deal with lots of the process for you.
What is the Official Injury Claim (OIC) Portal?
Since May 2021, most low-value RTA injury claims (under £5,000 for injury) must be submitted through the OIC Portal. This is a system introduced by the Ministry of Justice. Legal representation is optional, but many claimants find the process stressful or difficult to navigate. Support from a specialist personal injury lawyer helps ensure:
- Accurate injury valuation
- Appropriate medical evidence
- Correct handling of exceptions and complex claims
How much compensation will I get for a road traffic accident?
The amount of compensation you can receive depends on several factors, including :
- The type and severity of your injury
- Recovery time
- Impact on daily life
- Whether you suffered financial loss
Guideline amounts are published by the Judicial College. For example:
- Minor whiplash (recovered in weeks): £240–£630
- Soft tissue injury lasting 6–12 months: £2,000–£3,000
- Moderate psychological trauma: £5,000–£15,000
Is there a time limit for claiming?
Yes, you have 3 years to claim from the date of the accident, or from when you became aware of your injury. For children, the time limit runs from their 18th birthday. Those lacking mental capacity have no time limit to claim.
What if the driver was uninsured or untraceable?
If the driver at fault was uninsured or you can’t trace them, you may still claim through the Motor Insurers’ Bureau (MIB), which compensates victims of:
- Uninsured drivers
- Hit-and-run accidents
- Foreign drivers (in some cases)
How are legal fees handled?
Most solicitors fee agreements that mean you don’t have to pay up front. Please contact us to discuss your circumstances and whether you may be eligible for this kind of agreement. If your claim is successful under these agreements, a success fee (capped at 25% of damages) is usually deducted. Always ensure you understand your agreement and potential legal fees before starting a claim.
Final Thoughts
If you’ve been injured in a road traffic accident, seeking legal advice early can make all the difference. A qualified solicitor will guide you through your options, handle the complexities, and fight for the compensation you deserve.
For confidential advice or to discuss a potential claim, please get in touch.
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