If a vehicle crossed into your side of the road and hit you head-on, you can claim against the at-fault driver's insurer, or through the Motor Insurers' Bureau if that driver was uninsured or drove off. The Highway Code tells drivers to keep to the left, to overtake only when it is safe and legal, and not to overtake approaching a bend or the brow of a hill, and those rules often decide who was at fault. You normally have three years to start court proceedings, with longer for children.
A head-on collision can follow an overtake that went wrong, a bend taken too wide or a vehicle drifting across the centre line. Fault usually turns on where each vehicle was on the road and why. This guide explains the rules used to decide fault, the legal duties at the scene, who pays, how the claim is valued and the time limits. We are an independent information service, not a law firm.
Who is at fault: the Highway Code rules
The Highway Code applies to England, Scotland and Wales; Northern Ireland has its own Highway Code. In a head-on collision these rules are usually the starting point:
| Rule | What it says |
|---|---|
| 160 | Once moving, keep to the left unless signs or markings indicate otherwise, and keep well to the left on right-hand bends to reduce the risk of colliding with oncoming traffic |
| 162 and 163 | Before overtaking, make sure the road is sufficiently clear ahead, and overtake only when it is safe and legal to do so |
| 166 | Do not overtake if there is any doubt, or where you cannot see far enough ahead, for example approaching a bend, a hump bridge or the brow of a hill |
| 125 and 146 | The speed limit is the absolute maximum, and drivers should adapt to the type and condition of the road |
| 149 | Drivers must not use a hand-held phone or similar device while driving |
These rules help show which vehicle was where it should not have been, but the facts matter: for example, whether your vehicle had moved over, or whether a third vehicle forced a swerve. If both drivers were partly at fault, the Law Reform (Contributory Negligence) Act 1945 reduces the damages to the extent the court thinks just and equitable rather than defeating the claim. Rule 99 also says you must wear a seat belt where one is fitted.
At the scene: the legal duties
Where an accident involving a mechanically propelled vehicle on a road causes injury to someone other than the driver, section 170 of the Road Traffic Act 1988 requires the driver to stop and, if asked, give their name and address, the owner's name and address and the vehicle's identification marks. If they do not give their name and address, they must report the accident to the police. Section 143 requires anyone using a motor vehicle on a road or other public place to be insured.
- Get medical help first, then record the other driver's details and insurer.
- Photograph the vehicles where they came to rest, the road layout, bends, road markings and any debris.
- Keep dashcam footage and ask nearby homes or businesses for CCTV quickly.
- Note witnesses and the police incident number.
Who pays
Your claim is normally against the at-fault driver's motor insurer. If that driver was uninsured, or drove off and cannot be traced, the Motor Insurers' Bureau may compensate people injured by an uninsured or hit-and-run driver; see our MIB claims guide. If you were a passenger, our passenger injury guide explains how passenger claims work. If someone died in the collision, their dependants and estate may be able to claim under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934; see our fatal accident claims guide.
How the claim is handled and valued
In England and Wales, the court rules make the small claims track the normal track for a road traffic injury claim where the injury part is worth no more than £5,000 and the whole claim no more than £10,000. The lower £1,000 injury threshold applies to certain claimants, including people using a motor cycle or pedal cycle, pedestrians and children. If your injuries are worth more than that, the claim proceeds on a higher track.
For minor soft-tissue injuries, the Civil Liability Act 2018 provides for tariff amounts in England and Wales for whiplash injuries caused by driver negligence that last, or are likely to last, no more than two years; our whiplash tariff calculator explains them. More serious injuries are valued on the medical evidence, with financial losses added as special damages. The claim usually starts with a letter of claim under the Pre-Action Protocol for Personal Injury Claims; if an insurer is involved it has up to three months from acknowledging the letter of claim to investigate.
Time limits
In England and Wales you normally have three years from the date of the collision, or from your date of knowledge if later. If the injured person was under 18, the three years usually run from their 18th birthday, and a litigation friend conducts any court case for a child. A court can allow a late claim if it would be equitable, but that is discretionary. Scotland (section 17 of the Prescription and Limitation (Scotland) Act 1973) and Northern Ireland (article 7 of the Limitation (Northern Ireland) Order 1989) also apply three-year periods, with their own rules for children; Scottish claims also have no whiplash tariff, as our Scotland guide explains.
Time limit checker
Indicative only. It applies the basic three-year statutory periods and cannot account for every exception, such as a later date of knowledge or a court's discretion. It is not legal advice: take advice well before any deadline.
Frequently asked questions
Who is at fault in a head-on collision?
It depends on the facts, but the Highway Code tells drivers to keep to the left and to overtake only when it is safe and legal, so a driver who crossed into your lane will need to explain why. If both drivers were partly at fault, the damages are reduced rather than refused.
What if the other driver was overtaking when we collided?
The Highway Code says drivers should make sure the road is sufficiently clear before overtaking and should not overtake if there is any doubt, or approaching a bend or the brow of a hill. A driver who overtook into your path will need to show they followed those rules.
What if the other driver was uninsured or drove off?
You may be able to claim through the Motor Insurers' Bureau, which compensates people injured by uninsured or hit-and-run drivers. Report the collision to the police and keep the incident number.
Is a head-on collision claim a small claim?
Only if the injury is minor. In England and Wales the small claims track is the normal track for road traffic injury claims where the injury part is worth £5,000 or less and the whole claim £10,000 or less, with a £1,000 threshold for groups such as motorcyclists, cyclists, pedestrians and children.
Does the whiplash tariff apply after a head-on crash?
It can apply in England and Wales to whiplash injuries caused by driver negligence that last, or are likely to last, no more than two years. It does not apply in Scotland, and more serious injuries are valued on the medical evidence.
How long do I have to claim after a head-on collision?
Normally three years from the date of the collision. For a child, the three years usually run from their 18th birthday in England and Wales. Scotland and Northern Ireland also have three-year periods with their own rules for children.
Get help from official, free sources
- Police: report the collision and keep the incident number
- Motor Insurers' Bureau (MIB): uninsured and hit-and-run drivers
- Solicitors Regulation Authority (SRA): check a solicitor is regulated
- Citizens Advice: free, impartial guidance on your rights
Related guides: road traffic accident claims, rear-end collisions, multi-vehicle accidents, seat belt injuries, passenger claims and whiplash claims.
Official sources used for this guide: The Highway Code: using the road (159 to 203); The Highway Code: general rules (103 to 158); Road Traffic Act 1988, s.170; CPR Part 26; Civil Liability Act 2018, s.3; GOV.UK: uninsured and hit-and-run drivers. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.