Reclamar compensación tras un accidente de tráfico
Cómo reclamar compensación por lesiones de un accidente de tráfico.
Visión general
If you are injured in a road traffic accident that was not your fault (or not entirely your fault), you may be entitled to compensation. Most RTA claims are now handled through the Official Injury Claim (OIC) portal for whiplash and minor injuries valued at up to £5,000. More serious claims proceed through solicitors and the court system. The Civil Liability Act 2018 introduced a tariff system for whiplash injuries.
Proceso paso a paso
Get Medical Attention
Seek medical treatment for your injuries. Medical records are essential evidence for your claim.
Report the Accident
Report the accident to the police (if required under s.170 Road Traffic Act 1988) and exchange details with the other driver (name, address, insurance details, registration number).
Gather Evidence
Take photographs of the scene, vehicle damage, and injuries. Get contact details of witnesses. Keep receipts for expenses (travel, treatment, lost earnings).
Notify the Other Driver's Insurer
For minor injury claims (whiplash valued up to £5,000), use the Official Injury Claim portal. For more serious claims, instruct a personal injury solicitor.
Medical Report
Obtain a medical report from an accredited medical expert. For OIC portal claims, a MedCo report is required.
Settlement or Court
Most claims settle by negotiation. If liability is disputed or the offer is inadequate, court proceedings can be issued. The limitation period is 3 years from the date of the accident.
Costes
Advertencias importantes
The 3-year limitation period is strict — if you do not issue proceedings within 3 years, your claim is likely to be time-barred.
Whiplash tariff damages are fixed by the Civil Liability Act 2018 and are relatively modest (from £240 for 0–3 months to £4,215 for 18–24 months).
If you were partially at fault, your compensation may be reduced for contributory negligence.