Road Traffic Accident Claims | Complete UK Guide

What to Do After a Car Accident

If you have been involved in a road traffic accident, the steps you take in the first hours and days are critical. Stop at the scene. Check yourself and others for injuries. Call 999 if anyone is hurt or if the road is blocked. Exchange names, addresses, phone numbers, insurance details, and vehicle registration numbers with the other driver. Photograph everything: damage to all vehicles, the road layout, weather conditions, road signs, skid marks, and any visible injuries. Get contact details from any witnesses.

Report the accident to the police within 24 hours if anyone is injured, if details were not exchanged at the scene, or if there is reason to believe the other driver may be uninsured. Do not admit fault at the scene, even if you think you may have been partly responsible. Do not sign anything from the other driver's insurer without legal advice. See a doctor as soon as possible, even if you feel fine: some injuries (whiplash, concussion, internal injuries) have delayed onset.

Whiplash Injuries

Whiplash is the most common car accident injury, caused by the sudden back and forth movement of the neck during a collision. Whiplash symptoms include neck pain and stiffness, headaches, shoulder and upper back pain, dizziness, and fatigue. Symptoms can appear immediately or be delayed by hours or days. Whiplash grades range from Grade 1 (minor neck complaints) to Grade 4 (fracture or dislocation).

Whiplash as a passenger: you can claim regardless of which driver was at fault. Whiplash with no damage to the car: you can still claim if you have medical evidence of injury, as low speed impacts can cause whiplash even without visible vehicle damage. Whiplash and back pain: the two frequently occur together and strengthen a claim. The whiplash tariff guide (introduced 2021) sets fixed compensation amounts for whiplash lasting up to 2 years.

A MedCo accredited medical expert will examine you and produce a report grading your whiplash, which determines the compensation amount. For whiplash claims under £5,000, the Official Injury Claim portal is the standard route. For more severe cases, a solicitor will achieve a better outcome.

Types of Collisions

Rear-end collisions: The driver behind is almost always at fault. The most common cause of whiplash. Head-on collisions: The most dangerous type, often causing serious injuries. The driver who crossed the centre line is at fault. Side-impact (T-bone): Common at junctions. Fault depends on right of way. Multi-vehicle pile-ups: Common on motorways. Liability is determined for each collision in the chain.

Roundabout accidents: Vehicles already on the roundabout have priority. Junction accidents: Right of way rules and road markings determine fault. Lane change accidents: The driver who changed lanes is usually at fault. Hit and run: You can still claim through the Motor Insurers Bureau (MIB) even if the other driver is never identified. Single vehicle accidents: If caused by a road defect, you may have a claim against the highway authority.

Injury Types and Compensation

Soft tissue injuries: Whiplash, sprains, strains. £1,000 to £8,000. Fractures: Broken bones in arms, legs, ribs, pelvis. £4,000 to £50,000+ depending on severity and recovery. Back and neck injuries: From minor strains to disc damage and spinal cord injuries. £2,000 to £150,000+. Brain injuries: Concussion to severe traumatic brain injury. £2,000 (minor concussion) to £400,000+ (severe). Spinal cord injuries: Partial or complete paralysis. £25,000 to £400,000+.

Psychological injuries: PTSD, anxiety, depression, travel anxiety after an accident. £1,000 to £100,000+ depending on severity and impact on daily life. Scarring and disfigurement: Facial scarring and burns. £1,000 to £100,000+. Amputation: Loss of limbs. £50,000 to £300,000+. Dental injuries: Broken or lost teeth. £1,000 to £30,000. Fatal accidents: Bereavement award (fixed at £15,120) plus dependency claims for financial support the deceased would have provided.

Claims by Vehicle and Road User Type

Cyclist accidents: Cyclists are vulnerable road users. Drivers owe them a duty of care. Common accidents: left hooks, dooring, roundabout collisions. You can claim as a cyclist even without a helmet (though contributory negligence may apply). Motorcycle accidents: Higher injury severity due to exposure. Claims follow the same process but often involve larger compensation. Pedestrian accidents: The driver is usually at fault. Pedestrians injured on crossings have strong claims. Child pedestrian claims can be made at any time before their 21st birthday.

Bus and coach passengers: The bus company is liable if the driver's negligence caused your injury. Taxi and Uber passengers: The driver's insurance covers you. Lorry and HGV accidents: Often result in serious injuries due to the size difference. The haulage company is usually liable. Passengers: You can claim regardless of which driver was at fault. E-scooter accidents: A growing area of law. Liability depends on whether the scooter was legally rented or privately owned.

Vehicle Damage Claims

If your vehicle is damaged: it will be assessed by the at-fault driver's insurer. If repairable, the insurer pays for repairs. If written off, you are entitled to the market value of the vehicle immediately before the accident. Write-off categories: Category A (scrap only), Category B (breaker, parts only), Category S (structural damage, repairable), Category N (non-structural damage, repairable).

Credit hire: you are entitled to a replacement vehicle while yours is being repaired or replaced, at the at-fault driver's expense. Hire car after accident: your solicitor can arrange this through a credit hire company. You do not need to pay upfront. Parked car hit: if your parked car was hit and the other driver left no details, check for CCTV and report to the police. You can claim through your own insurance or, if the driver is identified, through theirs.

Special Circumstances

Child road accidents: Claims can be made on behalf of a child by a parent or guardian (a "litigation friend"). The 3 year time limit does not start until the child turns 18. Any settlement must be approved by a court. Fatal road accidents: The family can claim a bereavement award (£15,120), funeral expenses, and dependency claims for future financial support. Pregnant accident claims: Compensation covers injuries to the mother and, if applicable, any impact on the pregnancy.

Drink driving accidents: If you were injured by a drink driver, you can claim compensation. The driver's criminal conviction supports your civil claim. If the drink driver was uninsured, claim through the MIB. Pothole damage: You can claim against the local highway authority if a pothole caused your accident and they failed to maintain the road. Road defect accidents: Poor road surfaces, missing signage, and defective traffic lights can all give rise to claims against the highway authority.

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