Road Traffic Accident Claims UK: How to Claim (2025)

Overview

A road traffic accident claim is a civil claim brought against the party whose negligence caused you injury or financial loss on a public road. In the UK, this is almost always pursued through the at-fault driver's motor insurer rather than against the individual personally, because compulsory third-party insurance is required by law under the Road Traffic Act 1988.

Claims can cover a wide range of losses: physical injury, psychological harm, loss of earnings, treatment and rehabilitation costs, travel to medical appointments, care provided by family members, and damage to your vehicle or personal belongings. For lower-value injury claims arising from accidents on or after 31 May 2021, the Official Injury Claim portal handles much of the process directly.

Higher-value or more complex claims, including those involving serious injuries, disputed liability or vulnerable road users, are usually handled by solicitors under conventional pre-action protocols. Either route, there are strict time limits, typically three years from the date of the accident for personal injury, so acting promptly matters.

Key steps

1. Get medical attention and record everything. Your health comes first, so seek treatment even if injuries seem minor at first. Keep copies of hospital discharge notes, GP records, prescriptions and any referrals. Write down how the accident happened while it is fresh, note witness details, photograph the scene and vehicles, and keep receipts for anything you pay out as a result.
2. Report the accident to the right people. You are legally required to report certain accidents to the police, and your own insurer must be notified promptly even if you do not intend to claim on your own policy. Exchange details with other drivers at the scene where safe to do so. Failing to report when required can create criminal liability separate from any civil claim you later pursue.
3. Work out who is likely responsible. Liability is not always obvious, and more than one party can share blame. In some cases the other driver admits fault quickly; in others there is a dispute requiring witness evidence, dashcam footage, or an accident reconstruction expert. If the other driver is uninsured or cannot be traced, the Motor Insurers' Bureau may step in, but the process and evidence required are different.
4. Choose who represents you carefully. Your insurer may nominate a firm, but you are generally free to instruct someone else. Look at experience with your type of injury, how fees are structured (many personal injury cases run on a conditional fee or 'no win no fee' basis), and whether you feel comfortable asking questions. A good representative will explain deductions, disbursements and realistic timeframes before you sign anything.
5. Build the evidence and pursue settlement or court. Medical experts will usually be instructed to produce reports on your injuries and prognosis, and a schedule of losses is prepared covering past and future financial impact. Most claims settle through negotiation without a hearing, but court proceedings may be issued if liability or value cannot be agreed, or to protect the limitation deadline.