Road traffic accident claims explained

A road traffic accident — a "RTA" or "RTC" in the trade — is the single most common cause of personal injury claims in Britain, from low-speed shunts at the lights to serious motorway collisions. The rules have changed a good deal in recent years, with a dedicated online portal for minor injuries and a fixed tariff for whiplash, so what used to be a straightforward solicitor's case is now a two-track system. This guide explains who can claim, what to do at the scene, and which route fits your injury — in plain English.

A quick word on what this page is and isn't: we are an independent information service, not a law firm. Nothing here is legal advice about your own crash. For that you'll want an SRA-regulated solicitor who can review your evidence, or the official portal below.

Who can claim after a road accident

Almost anyone hurt on the road through someone else's negligence can claim — not just drivers. The question is always who was at fault, and whether their fault caused your injury.

Passengers are worth a special mention: because they had no control of any vehicle, a passenger is almost always entirely blameless and can claim against whichever driver was negligent — including a friend or family member who was driving them. The claim is made against that driver's insurer, not the driver personally.

What to do at the scene

What you do in the first few minutes shapes the whole claim. Under the Road Traffic Act 1988 you have legal duties if you're involved in a crash, and getting the basics right also preserves the evidence you'll later need.

Once everyone is safe, gather as much as you can while it's fresh:

• Exchange details — names, addresses, vehicle registrations and, ideally, the other driver's insurer.
• Call the police if anyone is hurt, the road is blocked, a driver fails to stop, or you suspect drink, drugs or no insurance.
• Take photos of vehicle positions, damage, road layout, skid marks and any injuries.
• Save dashcam footage straight away before it loops over and is lost.
• Note witnesses — independent witnesses are gold dust if liability is later disputed.
• Get medical help and keep the records; see our guide on what to do after an accident.

The Official Injury Claim portal

For lower-value road injuries, you no longer need a solicitor at all. The government's Official Injury Claim service — an online portal run by the Motor Insurers' Bureau on behalf of the Ministry of Justice — lets injured people claim as "litigants in person". It was introduced in May 2021 as part of the whiplash reforms.

The portal is for road traffic injuries where the injury is valued at £5,000 or less and the total claim (including vehicle damage and other losses) is under £10,000. The small-claims limit for RTA injuries was raised to £5,000, which means legal costs usually aren't recoverable below that figure — the trade-off for a simpler, do-it-yourself route. You enter your details, the other side's insurer responds on liability, you obtain a medical report through MedCo, and the system offers a figure based on the tariff plus your losses.

The whiplash tariff

Most minor RTA injuries are soft-tissue neck, back and shoulder injuries — what people call whiplash. Since the Civil Liability Act 2018 and the Whiplash Injury Regulations 2021 came into force on 31 May 2021, these are no longer valued case-by-case. Instead, whiplash lasting up to 24 months is paid at a fixed tariff of modest amounts set by the government, rising in bands with how long the symptoms last. The aim was to standardise low-value claims and reduce insurance fraud.

Two points matter a great deal. First, the tariff figures are deliberately lower than the old common-law awards, so a minor neck injury now attracts a smaller, fixed sum. Second, vulnerable road users are exempt from the tariff entirely:

• Cyclists, pedestrians and motorcyclists are not bound by the whiplash tariff — their injuries are valued the traditional way, using the Judicial College Guidelines.
• The tariff also doesn't apply where the whiplash is part of a more serious injury, or lasts beyond two years.

If your symptoms are more than a brief stiffness, or you're a vulnerable road user, your claim is likely to fall outside the tariff — and that's where proper legal advice earns its keep. See our dedicated whiplash claim guide for the bands and exclusions.

The road claims system now has two lanes: a simple, fixed-tariff portal for minor whiplash, and the traditional solicitor route for everything serious. Knowing which lane you're in is the first real decision in any car-accident claim.

Uninsured and untraced drivers

What if the driver who caused your crash had no insurance, gave false details, or simply drove off? You are not left empty-handed. The Motor Insurers' Bureau (MIB) exists precisely for this, funded by a levy on every insured motorist, and operates two agreements:

• Uninsured Drivers' Agreement — for crashes caused by an identified driver who had no valid insurance.
• Untraced Drivers' Agreement — for "hit and run" cases where the driver who caused your injury can't be identified.

The MIB can compensate you much as an insurer would. In return it expects you to have done the sensible things: report the incident to the police (essential for untraced-driver claims), note any registration or description, and gather witnesses. Strict notification deadlines apply, so act promptly and consider taking advice.

Vehicle damage and credit hire

Your personal injury claim and your vehicle claim are separate things, even though they arise from the same crash. The cost of repairing or replacing your car, recovering it, and a replacement vehicle while yours is off the road, are dealt with as property and "consequential" losses — often through a credit hire arrangement, where a hire company provides a like-for-like car and recovers its charges from the at-fault insurer.

Credit hire can be useful if you need to stay mobile and the other side accepts fault, but the daily rates are scrutinised closely and disputes are common, so always understand what you're signing. The injury element follows its own track — the portal or a solicitor — while the vehicle and hire costs are negotiated alongside.

Contributory negligence

You don't have to be entirely blameless to claim. Under the principle of contributory negligence, if you contributed to your own injury your compensation is reduced by a percentage rather than refused. In road cases the classic examples are not wearing a seatbelt or, for a motorcyclist, not wearing a helmet — where courts have long applied set reductions if the injury would have been less severe with one. Crossing the road carelessly can similarly reduce a pedestrian's claim. A reduction is not a refusal: a 25% cut on a fair valuation still leaves a substantial award.

What compensation covers

As with any UK injury claim, road accident compensation (the "damages") comes in two parts: general damages for the pain, suffering and loss of amenity of the injury itself, and special damages for your financial losses — lost earnings, treatment, travel, care and the cost of getting around while you recover. Minor whiplash general damages are fixed by the tariff; everything else, and all special damages, is calculated from evidence. Our guide to what compensation covers breaks down each category, and the claim process guide walks through the stages.

Solicitor or portal — and no-win-no-fee

The right route depends on your injury. For minor whiplash within the limits, the Official Injury Claim portal is designed to be used without a lawyer. For serious, complex or disputed injuries — and for vulnerable road users outside the tariff — an SRA-regulated solicitor usually recovers more and shoulders the work for you. Most solicitors act on no-win-no-fee (a Conditional Fee Agreement): nothing up front, and a success fee capped at 25% of your damages if you win. Whichever route you choose, check any firm on the SRA register and never sign under pressure from a cold-caller. Our overview of how to claim compensation sets out the bigger picture, and a head injury claim is one example where specialist help is essential.

Frequently asked questions