Road Traffic Accident Claims Guide: How To Claim Compensation for a Road Traffic Accident

What’s the Process for Making a Road Traffic Accident Compensation Claim?

Most road traffic accident compensation claims follow a clear process. Here’s how it usually works:

1. Get medical attention – your health and safety come first. Even if your injuries seem minor, a medical record will help support your claim.
2. Gather evidence – such as photos of the scene, contact details for any witnesses, dashcam footage if you have it, police reports, and proof of losses.
3. Notify your insurer – report the accident as soon as possible, even if you don’t intend to claim through your insurance.
4. Start your claim – you can claim for road traffic accident compensation by filing with small claims court, if your case is straightforward and you are claiming less than £10,000
5. Negotiate a settlement – if the other party admits fault, their insurer may offer compensation. If they dispute it, the case may need to go to court.
6. Go to court – if a settlement can not be reached, you may need to attend a hearing, where a judge will decide whether there are reasonable grounds to find in your favour.

Will I Be Able to File My Road Traffic Accident Claim at Small Claims Court?

Yes, in some cases, you can bring your road traffic accident compensation claim to the Small Claims Court in England and Wales. This is usually an option for lower-value claims, especially where:

• The total compensation sought is £10,000 or less
• The personal injury element is £5,000 or less (after April 2021 whiplash reforms)
• There’s a clear dispute about liability or the amount being offered

Small Claims Court is designed to be more accessible, so you don’t need to hire a solicitor, although you’ll still need to prepare your case carefully. This involves gathering solid evidence, such as medical reports, dashcam footage, witness statements, and proof of financial losses.

CaseCraft AI makes it easier to build and manage your claim on your own. You can:

• Organise your documents and timeline
• Draft your claim form with confidence
  Prepare for hearings with everything in one place

Even if your case seems small, your time, health and money matter. With the right tools and preparation, Small Claims Court can be an effective route to getting the outcome you deserve.

What Is The Legislation Around Filing A Road Traffic Accident Claim in the UK?

If you’ve been injured in a road traffic accident, UK legislation gives you the right to seek compensation, whether you were a driver, passenger, cyclist, motorcyclist or pedestrian. Claims are usually brought under tort law, specifically negligence, meaning you must prove that another party owed you a duty of care, breached that duty, and caused you injury or loss as a result.

My Insurance Company Has Recommended a Law Firm, Do I Have To Use Them

No, you’re free to choose your own legal support. Your insurer might suggest a solicitor from their panel, but you don’t have to go with them if you’d prefer to use someone else.

In fact, many people find that seeking independent support gives them more control and confidence over their claim. CaseCraft AI lets you manage your case on your terms, with or without legal representation.

Can I Claim Compensation if the Accident Was My Fault?

If you were entirely at fault, you usually can’t claim compensation for your injuries, but your insurance might still cover vehicle damage or injuries to other parties.

However, many accidents involve shared responsibility. For example, if both drivers were partly to blame, you might still be able to make a road traffic accident claim for compensation on a “split liability” basis. Your compensation may be reduced to reflect your share of responsibility.

Not sure where you stand? Use CaseCraft AI to review what happened and organise the facts; this can help you decide whether to pursue a claim.

How Long Will My Road Accident Claim Take?

It depends on the complexity of the accident, the severity of your injuries, and whether the other party admits fault. Straightforward claims with minor injuries might be settled in a few months, while more complex cases can take a year or more.

Things that can speed up your claim:

• The other driver admitting fault quickly
• Clear medical records and evidence
• Accurate documentation of your losses

How Much Compensation Will I Receive?

Compensation is usually split into two parts:

1. General damages – for your pain, suffering, and loss of enjoyment of life
2. Special damages – for out-of-pocket expenses like loss of income, medical costs, travel, or repairs

The amount depends on how serious your injuries are, how long they last, and how they affect your daily life. For example, whiplash compensation might be between £1,000 and £4,000, while more severe injuries can lead to much higher settlements.

Can I Claim if I Was Injured as a Passenger When the Driver Had Been Drinking or Taking Drugs?

Yes, in most cases, you can. As a passenger, you’re generally not held responsible for how the vehicle was driven, even if the driver was under the influence.

However, if it’s shown that you knowingly got into a car with someone you knew was drunk or using drugs, your compensation may be reduced. This is known as “contributory negligence.”

I Wasn’t Wearing My Seatbelt. Can I Still Claim for Road Traffic Accident Compensation?

Yes, you can still make a claim, but your compensation might be reduced, typically by 15% to 25%, because not wearing a seatbelt may have made your injuries worse.

The court will assess how much difference the seatbelt could have made. It’s still worth claiming, especially if the accident wasn’t your fault.

How To Claim for a Road Traffic Accident: Claim Deadlines & Timings You Need To Know

When making a claim for road traffic accident compensation, there are important deadlines and court timings that you need to know about. Make sure to raise your claim in good time, before the deadline and ideally as soon as possible after the accident occurs, to ensure the accuracy of witness statements and the availability of evidence. 

How Soon After the Car Accident Happens Should I Make a Claim?

The sooner you start your claim, the easier it is to gather evidence and build your case. Don’t wait until the last minute, start organising your claim right away, even if you’re not ready to file yet. 

How Long After a Road Traffic Accident Can You Claim?

You usually have three years from the date of the accident to make a claim.

There are exceptions:

• If you’re under 18, the time limit starts on your 18th birthday
• If someone lacks mental capacity, the time limit may not apply.

Do I Have To Have a Medical Examination?

Yes, in most cases you’ll need an independent medical assessment. This helps document the severity and duration of your injuries, which is essential for calculating compensation.

It’s usually a short appointment with a medical expert who will prepare a report for your case. If your injuries are ongoing, you may need a follow-up exam.

Will I Have To Go To Court?

Most road traffic accident claims are settled out of court, especially when liability is clear and the claim is well-documented. But if the other party denies responsibility, or if you can’t agree on compensation, your case might go to a hearing.

Even then, you won’t be expected to represent yourself, and with the proper preparation, court doesn’t have to be intimidating.

Summary: Claiming for a Road Traffic Accident

Knowing how to claim for a road traffic accident can help you get the support and compensation you deserve. Whether you were the driver, a passenger, or a pedestrian, you have rights, and with the right tools, you can take action without unnecessary stress.

Here’s what to remember:

• You can claim compensation if you were injured due to someone else’s fault
• You don’t have to use your insurer’s recommended solicitor
• You may still claim even if you weren’t wearing a seatbelt
• Most claims settle out of court
• Organising your evidence early helps everything go more smoothly

With CaseCraft AI, you don’t need to figure it all out alone. Our secure, easy-to-use platform helps you take control of your claim so that you can move forward with clarity and confidence.