Road Traffic Accident Claims - What Are Your Rights?

Being involved in a road traffic accident can be frightening, disorientating and, if you are hurt, life-changing. Whether you were a driver, passenger, motorcyclist, cyclist or pedestrian, you may have the right to claim compensation if someone else was at fault. This guide explains how road traffic accident (RTA) claims work in England and Wales in 2026, what you can claim for, the time limits that apply, and how the process has changed following the whiplash reforms. It is written for information only and is not a substitute for tailored legal advice.

What counts as a road traffic accident claim?

A road traffic accident claim is a personal injury and/or financial loss claim arising from a collision on a road or in a public place involving a motor vehicle. You do not need to have been driving to claim. Common claimants include:

• Drivers and passengers in cars, vans, buses, taxis and lorries
• Motorcyclists and pillion passengers
• Cyclists
• Pedestrians struck by a vehicle
• Family members bringing a claim on behalf of an injured child or someone who lacks mental capacity

To succeed, you generally need to show that another road user (or another party, such as a highway authority responsible for a dangerous defect) was negligent, that this negligence caused the accident, and that you suffered injury or loss as a result.

Am I eligible to make a claim?

You may be able to claim if all of the following broadly apply:

• The accident was caused wholly or partly by someone else's fault
• You suffered a physical injury, a recognised psychological injury, or a financial loss
• You are within the time limit for bringing a claim (see below)

You can still claim even if you were partly to blame. In those cases the principle of contributory negligence applies: your compensation is reduced by the percentage you are found responsible. A well-known example is failing to wear a seatbelt, where courts have historically applied a reduction where the injuries would have been prevented or made less severe by wearing one. Being partly at fault does not automatically bar a claim.

What if the other driver was uninsured or fled the scene?

If the driver responsible was uninsured, or cannot be traced (for example in a hit-and-run), you may still be able to recover compensation through the Motor Insurers' Bureau (MIB). The MIB operates schemes for both uninsured and untraced drivers. Strict conditions and notification requirements apply, and reporting the incident to the police promptly is often essential, so it is important to take early advice.

What is the time limit for a road traffic accident claim?

In England and Wales the general limitation period for a personal injury claim is three years from the date of the accident, under the Limitation Act 1980. If you do not settle your claim or issue court proceedings within that period, you usually lose the right to claim. Important exceptions include:

• Children: the three-year clock does not start until the child's 18th birthday, so a claim can generally be brought up to their 21st birthday. Before then, a parent or guardian can bring the claim as a "litigation friend".
• People who lack mental capacity: the time limit may be suspended for as long as the person is unable to manage their own affairs.
• Fatal accidents: where someone dies, specific rules apply and a fresh three-year period may run from the date of death or the date of knowledge.

Even though three years can feel like a long time, evidence fades and witnesses become harder to trace. It is almost always better to seek advice as soon as possible.

How the claims process works in 2026

Following the Civil Liability Act 2018 and the whiplash reforms that took effect on 31 May 2021, the way many road traffic claims are handled changed significantly. The route your claim takes depends largely on the value and complexity of your injuries.

Lower-value injury claims: the Official Injury Claim portal

Many straightforward injury claims by adults now go through the Official Injury Claim (OIC) service. This portal is designed to be used by claimants without a solicitor and applies to certain lower-value RTA claims. The threshold figures that determine which claims fall inside this scheme are set by regulations and can change, so you should check the current limits on gov.uk or the Official Injury Claim website. Even where a claim falls within the portal, many people still choose to instruct a solicitor to make sure their injuries are properly assessed and their losses fully valued.

The whiplash tariff

For "whiplash" injuries (soft-tissue neck, back and shoulder injuries) sustained by drivers and passengers, compensation for the injury itself is now set by a fixed tariff under the Whiplash Injury Regulations 2021, based on how long symptoms last. These fixed amounts are considerably lower than awards used to be, and the tariff has been reviewed and uplifted since it was introduced. Because the figures are time-sensitive, check the current tariff on gov.uk rather than relying on older sources. A separate, higher-value claim may still be possible for additional injuries that fall outside the tariff.

Higher-value and more complex claims

Claims involving more serious injuries, disputed liability, or larger financial losses are dealt with outside the OIC portal, often under the pre-action protocol for low value personal injury claims or through standard litigation. These claims typically require detailed medical evidence, expert reports and, in the most serious cases, ongoing care and rehabilitation planning. This is where specialist legal representation matters most.

The small claims track

Lower-value personal injury claims are usually allocated to the small claims track, where legal costs are generally not recoverable from the other side even if you win. The financial threshold for the small claims track for RTA injury claims was increased as part of the reforms. Whether your legal costs can be recovered depends on the value and track of your claim, so ask a solicitor how this affects you before deciding how to proceed.

What can you claim compensation for?

Compensation in a personal injury claim is divided into two main categories.

General damages

These compensate you for the injury itself, known as pain, suffering and loss of amenity. For non-tariff injuries, valuations are guided by the Judicial College Guidelines and comparable past awards, taking into account the type and severity of injury and how long recovery takes. For tariff whiplash injuries, the fixed amounts described above apply instead.

Special damages

These reimburse your actual and future financial losses caused by the accident. They can include:

• Loss of earnings, including future loss where your ability to work is affected
• Medical and rehabilitation costs, including physiotherapy and private treatment
• Care and assistance, including help provided free by family members
• Travel expenses to medical appointments
• Damage to your vehicle, helmet, clothing and other property
• The cost of a replacement or hire vehicle
• Adaptations to your home or car for a serious injury

Keep receipts, payslips, appointment letters and a diary of how the injury affects you. Good record-keeping strengthens the financial side of your claim.

How injuries are assessed: medical evidence

Almost every injury claim requires independent medical evidence. For soft-tissue and whiplash claims, medical reports are usually obtained through the MedCo system, which provides accredited experts. For more serious injuries, you may be examined by one or more specialists, such as an orthopaedic surgeon, neurologist or psychologist. The medical report sets out the diagnosis, prognosis and likely recovery period, and is central to valuing your claim. You should not settle a claim until the full extent and long-term impact of your injuries is clear.

How much does it cost to make a claim?

Many road traffic accident claims are handled on a "no win, no fee" basis, formally known as a Conditional Fee Agreement (CFA). If your claim is unsuccessful, you generally do not pay your solicitor's fees, and "after the event" insurance can protect you against certain other costs. If you win, a success fee may be deducted from your compensation. Success fees are capped by law as a percentage of certain heads of damages. Before you sign anything, your solicitor must explain clearly how they are paid, what deductions may apply, and whether you have existing legal expenses insurance (for example through a motor or home policy) that could fund the claim instead.

What to do after a road traffic accident

Taking the right steps at the scene and afterwards protects both your safety and any future claim:

1. Stop and check for injuries. Call 999 if anyone is hurt or the road is blocked.
2. Report the accident. By law you must stop and exchange details. Report to the police within the required timeframe if details are not exchanged, someone is injured, or a vehicle is left in a dangerous position.
3. Exchange details with all drivers involved: names, addresses, vehicle registrations and insurance details.
4. Gather evidence. Photograph the vehicles, positions, damage, road layout and any injuries. Note the time, weather and road conditions.
5. Get witness details. Independent witnesses can be decisive if fault is disputed. Note any dashcam or CCTV that may have captured the incident.
6. See a doctor. Seek medical attention even for seemingly minor symptoms, and keep a record of your treatment.
7. Notify your insurer promptly, but take legal advice before agreeing any settlement or admitting fault.

How long does a claim take?

Timescales vary widely. A straightforward soft-tissue claim through the Official Injury Claim portal where liability is admitted may resolve in a matter of months once your recovery is clear. More serious claims involving disputed fault, complex injuries or ongoing treatment can take a year or more, because it is essential to understand the full, long-term impact of your injuries before settling. A good solicitor will pursue interim payments where liability is admitted, so you are not left out of pocket while the claim continues.

Why choose MCR Solicitors?

At MCR Solicitors in Manchester, our personal injury team acts for people across England and Wales who have been injured in road traffic accidents. We handle everything from minor whiplash claims to serious, life-changing injuries, and we make sure your losses are fully investigated and valued rather than rushed to an early settlement. We explain your funding options clearly, keep you updated in plain English, and fight to secure the compensation and rehabilitation you deserve.

Call MCR Solicitors today on 0161 466 1280 for a free, no-obligation discussion about your road traffic accident claim. There is no pressure and no jargon, just clear advice on where you stand.

Frequently asked questions

How long do I have to make a road traffic accident claim?

Usually three years from the date of the accident. The main exceptions are for children, where the three years runs from their 18th birthday, and for people who lack mental capacity, where the limit may be suspended. Because evidence is best gathered early, it is wise to seek advice well before any deadline.

Can I claim if I was partly to blame for the accident?

Yes. Under the principle of contributory negligence, you can still claim even if you share responsibility, but your compensation will be reduced by the percentage you are found to be at fault. For example, not wearing a seatbelt may reduce an award where it made the injuries worse.

How much compensation will I get for whiplash?

For whiplash injuries covered by the fixed tariff, the amount depends on how long your symptoms last and is set by regulations that are updated over time. Check the current tariff on gov.uk. If you have additional injuries outside the tariff, or significant financial losses, you may be entitled to more. A solicitor can give you a realistic estimate once your medical evidence is available.

Can I claim if the other driver was uninsured or drove off?

Yes. The Motor Insurers' Bureau runs schemes to compensate victims of uninsured and untraced (hit-and-run) drivers. Strict time limits and notification rules apply, and prompt reporting to the police is usually essential, so take legal advice as soon as possible.

Do I need a solicitor, or can I use the Official Injury Claim portal myself?

You can use the portal without a solicitor for certain lower-value claims. However, many people instruct a solicitor to make sure their injuries are properly assessed, their financial losses fully claimed, and any settlement offer is fair. This is particularly important where liability is disputed or the injuries are more than minor.

Will making a claim cost me anything upfront?

Most road traffic accident claims are handled on a no win, no fee basis, meaning you generally pay nothing upfront and no fee if the claim fails. If you succeed, a capped success fee may be deducted from your compensation. Your solicitor must explain all costs and check whether existing insurance could fund your claim before you commit.

Speak to MCR Solicitors today

If you or a family member has been injured in a road traffic accident, do not leave your rights to chance. The sooner you get advice, the stronger your claim is likely to be. Call our friendly personal injury team on 0161 466 1280 for a free initial consultation, and let us guide you through every step.