Claim After Car Accident: What You Need to Know in the UK


1. Can You Claim After a Car Accident in the UK?

Yes. If you were injured or your property was damaged in a road traffic accident caused by another party, you have the right to make a claim after a car accident. This applies to drivers, passengers, cyclists, motorcyclists, and pedestrians.


2. Who Can Make a Car Accident Claim?

You may claim if you were:

  • A driver or passenger involved in the collision
  • A pedestrian or cyclist hit by a vehicle
  • A witness injured during the incident
  • The parent or guardian of a child involved
  • A dependent of someone who died in the crash

Even partially at-fault drivers may be eligible for reduced compensation.


3. What Can You Claim For?

You can claim for two types of losses:

  • General damages: Pain, suffering, and emotional distress
  • Special damages: Financial losses such as:
    • Medical treatment and rehabilitation
    • Loss of earnings
    • Travel expenses
    • Property damage (e.g. vehicle, mobile phone, personal items)
    • Ongoing care or home adaptations (for serious injuries)

Your solicitor will assess both current and future losses.


4. Steps to Claim After a Car Accident

  1. Seek medical attention – even if the injury seems minor
  2. Report the accident to the police and your insurer
  3. Document the scene – take photos, gather witness information
  4. Retain evidence – medical reports, repair bills, pay slips
  5. Contact a solicitor – especially for injury claims or disputes
  6. Submit your claim – either through the insurer or a legal representative

Minor injury claims may go through the Official Injury Claim portal.


5. The Official Injury Claim Portal

For low-value injuries (under £5,000), the Official Injury Claim portal lets drivers and passengers in England and Wales submit claims without legal representation. However, using a solicitor is still advisable for:

  • Complex or severe injuries
  • Disputed liability
  • Vulnerable road users (cyclists, pedestrians)

6. How Much Compensation Can You Receive?

Estimated compensation (excluding special damages):

  • Whiplash (up to 3 months): £240 – £495
  • Broken bones: £5,000 – £20,000
  • Serious back or neck injuries: £20,000 – £100,000+
  • Psychological trauma (e.g., PTSD): £3,000 – £50,000
  • Fatal accidents (dependents): £12,000 – £300,000+

Your solicitor can provide a more accurate assessment.


7. Who Pays the Compensation?

  • Insurer of the at-fault party usually pays
  • Motor Insurers’ Bureau (MIB) handles claims involving:
    • Uninsured drivers
    • Hit-and-run incidents
    • Foreign vehicles in the UK

You may still be compensated even if the driver cannot be identified.


8. Do You Need a Solicitor?

While not mandatory, a solicitor:

  • Ensures your claim is fully valued
  • Handles negotiations with insurers
  • Protects your rights in court if needed
  • Helps with evidence gathering

Most work on a No Win, No Fee basis, so you pay nothing upfront.


9. Time Limits for Claiming After a Car Accident

In the UK, you generally have three years from:

  • The date of the accident, or
  • The date you became aware of your injury being linked to the accident

Children can claim up to age 21, and those with mental incapacity have no set time limit.


10. Will You Have to Go to Court?

Most claims are resolved through negotiation. You may go to court if:

  • Liability is disputed
  • The insurer offers too little compensation
  • The case is especially complex

Your solicitor will guide and represent you through the process.


Frequently Asked Questions

Q1: Can I claim if I was partly responsible?
Yes. You may receive partial compensation based on your share of fault.

Q2: What if I feel fine immediately after the accident?
Some injuries develop hours or days later. Seek medical help and monitor symptoms.

Q3: Can I claim for damage to personal items?
Yes. You can include phones, glasses, laptops, and more in special damages.

Q4: Is compensation taxable?
No. Personal injury and related compensation is tax-free in the UK.

Q5: What if the other driver fled the scene?
You can claim through the MIB for uninsured or unidentified drivers.

Q6: How long does a claim take?
Simple claims: 3–6 months. Complex or serious claims: 12–24+ months.


Conclusion

A claim after a car accident helps cover the medical, emotional, and financial impact of a crash. Whether your injuries are minor or life-altering, the right legal advice ensures you’re fairly compensated. Act quickly, preserve evidence, and consult a solicitor to protect your rights and rebuild with confidence.

Leave a Reply

Your email address will not be published. Required fields are marked *