A road traffic collision can leave you dealing with pain, repair bills and lost income at the same time. If another road user caused the accident, you may be entitled to claim compensation for your injuries and related financial losses. The strongest claims are built early, with clear evidence and a realistic understanding of the process rather than a rushed acceptance of the first offer.
The Official Injury Claim system discussed below applies in England and Wales. Scotland and Northern Ireland use separate procedures, so obtain advice for the correct jurisdiction where necessary.
Can you make a road traffic accident claim?
You may have a valid claim when another person failed to drive with reasonable care and caused your injury or loss. The responsible party might be another driver, a motorcyclist, an employer whose driver was working at the time, or another organisation responsible for the vehicle.
If responsibility is shared, compensation may still be available but can be reduced to reflect your contribution. Passengers, pedestrians, cyclists and motorcyclists can also pursue claims, though they may need a different route from the online process for eligible vehicle occupants.
What to do immediately after the accident
Safety and medical care come first. Stop somewhere safe where possible, switch on your hazard lights and call 999 if anyone is seriously injured or the road is dangerous. Exchange names, addresses and vehicle registration details. If required details are not exchanged, the collision must generally be reported to the police as soon as reasonably practicable and within 24 hours. You should also notify your insurer, even if you do not plan to claim under your own policy.
Take photographs of the vehicle positions, damage, road layout, signs and visible injuries, provided it is safe. Record the other vehicle’s registration, insurer details and witness contacts. Dashcam recordings and nearby CCTV can be overwritten quickly, so ask for relevant footage without delay.
Get your injuries medically recorded
Neck stiffness, headaches and soft-tissue pain may appear hours or days later. Seek appropriate medical attention and describe symptoms accurately. Medical records help connect the injuries to the accident and show their duration.
Keep a simple recovery diary noting pain, medication, appointments and activities you cannot perform. Short entries made regularly are more useful than trying to reconstruct several months from memory.
The RTA claim process step by step
Establish who was responsible
The claimant normally needs to show that another party was at fault. Evidence may include photographs, witness accounts, dashcam footage, police information and the pattern of vehicle damage. The other insurer may accept responsibility, dispute it or argue that fault should be divided.
Identify the correct claims route
In England and Wales, an adult who was inside a vehicle, believes somebody else was at fault and has a minor injury valued below £5,000 may be able to use the free Official Injury Claim portal. It is commonly used for lower-value whiplash and soft-tissue cases, but it is not the correct route for cyclists, motorcyclists or pedestrians.
If the injury value is above £5,000, total injury and financial losses exceed the portal limit, liability is complex, or the claimant is a child, another procedure is likely to apply. Serious injuries or substantial losses are reasons to obtain specialist advice early.
Obtain medical evidence
A whiplash claim in the UK cannot be settled purely on an unsupported description of pain. Eligible claims require medical evidence. Through the Official Injury Claim process, an independent medical professional assesses the injuries and prepares a report. Check that it accurately records your symptoms, treatment and expected recovery before it is used to value the claim.
Document every financial loss
Car accident compensation can include more than an award for pain and suffering. Depending on the circumstances, recoverable losses may include lost earnings, treatment costs, prescriptions, travel to medical appointments, care provided by relatives and damaged personal items.
Keep wage slips, employer confirmation, invoices and receipts. For example, a claimant who says £800 was lost but has no supporting records may struggle to recover it. Create one folder for the accident and save each document with a clear date and description.
How whiplash compensation is calculated
For qualifying accidents in England and Wales, whiplash injuries lasting no more than two years are valued under a statutory tariff. The amount depends mainly on the expected duration of the injury and whether a minor psychological injury is also present. An updated tariff applies to accidents occurring on or after 31 May 2025.
Non-whiplash injuries are assessed separately, and proven financial losses are added where recoverable. Two people in similar collisions can therefore receive different settlements because their injuries, recovery periods and lost income are different.
How long do you have to claim?
For most adult personal injury claims in England and Wales, court proceedings must usually be started within three years of the accident or the relevant date of knowledge. Different rules can apply to children and people who lack mental capacity. Scotland and Northern Ireland also have their own limitation rules.
Three years is not a safe waiting period. Evidence can disappear, witnesses can become difficult to trace and medical causation may be harder to prove. Starting early also leaves time to investigate an uninsured or untraced driver claim.
What if the driver was uninsured or left the scene?
The Motor Insurers’ Bureau may compensate eligible victims of uninsured or untraced drivers, including hit-and-run cases. Claims use the MIB process rather than an ordinary claim against a known insurer. Report the collision to the police and preserve the registration number, driver description and other evidence available.
Should you use a solicitor?
You can handle an eligible minor claim yourself through the Official Injury Claim service. Professional advice may be worthwhile where fault is disputed, injuries are serious, several vehicles are involved or future losses are uncertain. Before appointing a solicitor or claims company, ask how fees are calculated and whether deductions will be made from compensation.
Frequently asked questions
How much compensation will I receive?
There is no universal amount. Compensation depends on the injury, recovery period, medical evidence, financial losses and any shared responsibility. Whiplash may fall under a fixed tariff, while other injuries are valued individually.
Can I claim if I was a passenger?
Yes. A passenger injured because of another person’s negligence may claim, including where the responsible driver was operating the vehicle in which the passenger was travelling.
Can I claim if the accident was partly my fault?
Possibly. A settlement can be reduced by an agreed percentage for contributory negligence rather than rejected entirely.
Should I accept the insurer’s first offer?
Only after checking that your medical position is sufficiently clear and all losses are included. Settling too early can prevent you from seeking more compensation if symptoms continue longer than expected.
Take action while the evidence is fresh
A successful road traffic accident claim depends on evidence, medical support and the correct procedure. Record the scene, notify the relevant organisations, document every loss and check which claims route applies. Acting promptly gives you the best chance of presenting a clear claim and reaching a fair settlement.