I Was Injured in a Road Traffic Accident
You have been injured in a road traffic accident as a driver, passenger, pedestrian, or cyclist. You may be entitled to compensation for your injuries, loss of earnings, and other financial losses.
Quick Answer
If you were injured in a road traffic accident caused by another person's negligence, you are entitled to claim compensation for your injuries (general damages) and financial losses (special damages including lost earnings, medical costs, and travel expenses). Claims worth up to £25,000 use the Official Injury Claim (OIC) portal. Claims above £25,000 use the Pre-Action Protocol for Personal Injury. The limitation period is 3 years from the date of the accident (or from when you knew your injuries were caused by the accident).
Full Explanation
A road traffic accident claim is a civil claim in negligence. To succeed, you must show: (1) the other party owed you a duty of care (road users owe a duty to other road users and pedestrians); (2) they breached that duty (e.g., by driving carelessly, failing to give way, being distracted, or speeding); (3) the breach caused your injuries; and (4) you suffered loss as a result. In most road traffic cases, the existence of a duty and causation are straightforward — the dispute usually centres on whether there was a breach and the value of the claim.
The OIC portal (official injury claim service) was introduced in 2021 for low-value whiplash and other soft tissue injury claims arising from road traffic accidents. Claims worth up to £5,000 for adults (£1,500 for minor children) for whiplash injuries must use the OIC portal. The portal has a fixed tariff for whiplash injuries (set out in the Civil Liability Act 2018 and regulations). For other injury types or higher-value claims, the pre-action protocol for personal injury applies.
If the at-fault driver is uninsured, you can claim against the Motor Insurers' Bureau (MIB) under the Uninsured Drivers Agreement. If the driver cannot be traced (a hit-and-run), you can claim under the MIB's Untraced Drivers Agreement. Both schemes provide compensation for injuries and losses in broadly the same way as a claim against an insured driver, subject to certain conditions (e.g., the accident must have been reported to the police within 14 days for an untraced driver claim).
Damages in a personal injury claim include: general damages (pain, suffering, and loss of amenity — assessed by reference to the Judicial College Guidelines); special damages (quantifiable financial losses including lost earnings, medical expenses, care costs, adaptations to property, and travel); and in the most serious cases, damages for loss of future earnings and future care needs. Cases settled on the small claims track (under £10,000 for personal injury) do not attract costs recovery, meaning you generally cannot recover solicitor's fees.
Legal Basis
- §Donoghue v Stevenson [1932] AC 562 (duty of care in negligence)
- §Road Traffic Act 1988 (compulsory insurance requirement)
- §Civil Liability Act 2018 (whiplash tariff)
- §Limitation Act 1980 (3-year limitation period for personal injury)
- §Motor Insurers' Bureau Agreements (uninsured and untraced drivers)
What To Do
Get Immediate Medical Treatment and Report to Police
Your health comes first. Attend A&E or your GP and ensure all injuries are recorded in your medical notes — this is critical evidence. Report the accident to the police if there is a dispute about fault, if the driver fled, or if there is a potential criminal element. You must report an injury accident if you cannot exchange details at the scene.
Exchange Details and Gather Evidence
At the scene: exchange names, addresses, and insurance details with all drivers involved. Photograph the damage to vehicles, the road, skid marks, and any relevant road conditions. Get names and contact details of witnesses. Note the time, weather, and exact location. If there is CCTV nearby, write to the operator promptly to preserve footage (CCTV is often overwritten within 28–31 days).
Report to the Other Party's Insurer and Your Own Insurer
Notify both the other driver's insurer and your own insurer of the accident promptly (check your own policy for the required timescale). Be factual in what you say — admissions or exaggerations can damage your claim. Do not accept any early settlement offer from the other insurer before your injuries have resolved and you have legal advice.
Instruct a Personal Injury Solicitor
For claims above the OIC portal (£5,000 for whiplash or above, or non-whiplash injuries of any value above the small claims limit), instruct a personal injury solicitor. Most personal injury solicitors act on a conditional fee agreement (no win no fee) — you pay nothing unless you win, and their success fee is capped. They will manage the pre-action protocol correspondence and valuation of your claim.
Obtain a Medical Report
A medico-legal report from an independent medical expert is required to quantify your injuries. For OIC portal claims, the MedCo platform is used to select an independent medical expert. The report will assess the nature, severity, and prognosis of your injuries and forms the basis of the general damages award.
Important Deadlines
Important Warnings
Do not accept an early settlement from the insurer before your injuries have fully resolved or been properly assessed — you cannot reopen a settled claim.
Fraudulent or exaggerated claims carry serious consequences including a dishonesty finding (which destroys the claim entirely under Fundamental Dishonesty provisions) and potential prosecution.
The limitation period is 3 years from the accident date. If you approach this deadline, issue proceedings even if negotiations are ongoing — missing the deadline bars your claim.