Guidance On The Road Traffic Accident Claims Process

Last Updated On 28th October 2025. No one should have to suffer due to the negligent actions of another road user. The good thing is, if you’ve been injured on the road, you don’t have to navigate the road traffic accident claims process alone. Our advisors work around the clock to answer your queries, and their free consultation services can help determine if you can be put in touch with one of the No Win No Fee personal injury solicitors from our expert panel. 

What To Do Immediately After a Road Traffic Accident

1. Stop at a safe location with your hazards on, and check for any injuries. If the road is blocked or there are any serious injuries, call 999 immediately. Otherwise, call 101 immediately, especially if you need to report a hit-and-run driver or a driver who was under the influence. 
2. Exchange details with all of the road users involved in the incident. 
3. Seek medical attention to treat your injury as soon as possible. This can prevent it from worsening. 
4. Gather evidence: CCTV/dashcam footage of the incident; details from the negligent driver (such as name, vehicle registration, and insurance policy number); details from any witnesses; copies of your medical records; photographs of the accident scene and injury.
5. Do not admit fault. Avoid apologising, as statements made at the scene can be used against you. In order to be eligible for compensation, another driver must be at least partly at fault. 
6. Contact your insurer about the incident within 24 hours of the incident. 
7. Speak to a solicitor in order to claim road traffic accident compensation for your suffering. You can connect with our specialist panel of solicitors for legal help.

A road traffic accident is a terrifying experience, regardless of whether your injuries are minor or life-changing. You may find it difficult to work or engage in your usual leisure activities, which can worsen the situation. Let our expert panel help you get the compensation you deserve.

Browse Our Guide

• What Is The Road Traffic Accident Claims Process?
• Can I Make A Road Traffic Accident Claim?
• How Long Do I Have To Make A Road Traffic Accident Claim?
• Will I Have To Go To Court For My Road Traffic Accident Claim?
• Can I Make A No Win No Fee Road Traffic Accident Claim?
• Learn More About Claiming Road Traffic Accident Compensation

What Is The Road Traffic Accident Claims Process?

We understand that claiming compensation could seem a complex and difficult process to navigate.

Before starting the claims process, if you choose to claim with a road traffic accident solicitor, they may gather evidence to support your claim. This could include requesting witness statements.

Additionally, they may request that you attend an independent medical appointment to assess any psychological or physical injuries you suffered.

Below, we look at the main steps involved in the road traffic accident claims process. These are the Pre-Action Protocol for personal injury claims. These are steps that all personal injury claims must follow prior to a claim potentially needing to go to court.

Letter Of Notification

Following the collection of evidence, the first step in making a road traffic accident claim is to send a letter of notification to the other party. This should also be sent to their insurance company. The party you are making a claim against will hereafter be known as the defendant.

The defendant may not know you intend to make a claim prior to receiving your letter. They may or may not have knowledge of the accident you were injured in.

The letter states that you are intending to make a personal injury claim, advising the defendant (and their insurance company) of any relevant information they will need to know. The letter will help the defendant determine their liability.

If an interim payment is suitable, this information may also be included in the letter.

Once the defendant, their insurance company or representative has received the letter, they have 14 days to acknowledge their receipt of it.

Rehabilitation

The next step in the claims process is looking at and assessing the claimants’ (reasonable) medical needs. The claimants’ need for rehabilitation or treatment should be assessed here. The funding of these costs should be addressed by the claimant and defendant.

If the defendant has accepted liability for the road traffic accident, an interim payment may be requested. This could cover the cost of such treatment.

Letter of Claim

The next step in the claims process is sending the letter of claim. This should be sent to the defendant and their insurance provider.

This is different from the letter of notification and should contain the following information:

• Summarise the facts, such as the names of those injured, the date of the incident and what happened.
• More detailed information on what injuries have been suffered and how this has impacted the claimant’s daily life.
• Information regarding medical needs and estimates of financial losses suffered due to the injuries sustained.
• Details on the heads of damages being claimed for.

The letter of claim should contain sufficient information and documentation for the insurance company to determine their clients’ liability for the accident. The defendant will then have 21 days to acknowledge the receipt of this letter.

Disclosure

At this stage of the road traffic accident claims process, any relevant documentation and information which could help to resolve the claim should be exchanged. This information should help to clarify and resolve any disputes between parties.

You will need to provide supporting evidence, such as medical evidence, witness statements and CCTV footage.

At this stage, if the defendant has denied liability they must disclose any relevant information, documentation or evidence which supports their claim. This could also include witness statements and CCTV footage.

Expert Reports

Both the defendant and the claimant can instruct relevant experts to provide testimony points of the claim.

For example, the claimant may be invited to an independent medical assessment and the report from this assessment could be used as evidence in the claim.

Alternative Dispute Resolution

Once both parties have exchanged all relevant information, they may be able to resolve the claim between them. If the defendant does admit liability, they may be able to resolve the value of the claim without the need for court proceedings.

If the two parties are unable to resolve any disputes, road traffic accident claims may need to go to court. Prior to this, the two parties should engage in alternative dispute resolution methods. This part of the process is set out in Section 9.1 of the Pre-Action Protocol.

Section 9.1 of the Pre-Action Protocol states that litigation and court proceedings should be the last resort when resolving a personal injury claim. Prior to this, parties should attempt alternative methods of dispute resolution. These include;

• A joint settlement meeting.
• Arbitration.
• Mediation.

Any of these methods could be used to help the parties resolve any disputes. If none of these methods work, then the case may need to go to court.

For more information on how a No Win No Fee solicitor could help you navigate the road traffic accident claims process, please contact our team.

Can I Make A Road Traffic Accident Claim?

To be eligible to make a road traffic accident claim, you will need to prove that a driver’s negligent actions led to you being injured. The road traffic accident claims eligibility criteria are as follows:

1. You were owed a duty of care.
2. Another road user breached this duty of care.
3. The injuries you suffered were caused by this breach.

A duty of care is owed by all road users when they are using the roads to navigate them safely. They must also comply with the Road Traffic Act 1988 and The Highway Code.

For example, you may be able to claim for an accident on the road as:

• A car occupant (driver or passenger) injured in an accident.
• Someone being knocked off their bicycle or motorbike by another vehicle.
• Passengers on public transport, such as those injured in a bus accident due to another road user.
• Pedestrians struck by moving vehicles, such as cars, vans, etc.

Additionally, it may not be another road user liable for the road traffic accident. In some special cases, it could be a road defect instead, such as a pothole.

Under Section 41 of The Highways Act 1890, the relevant highway authority is responsible for maintaining roads to ensure its safe passage.

The authority for local roads and pavements is typically the local council. For motorways in England, the authority is National Highways. 

To confirm whether you can begin the road traffic accident claims process, or to find out more about claiming against highway authorities, please contact us today.

Can I Claim If I Was Partially At Fault?

Yes, you can still claim compensation for a road traffic accident even if you were partially at fault. This is known as a split liability claim, and your compensation may be reduced by the percentage you were found responsible for. 

For example:

• If you were 50% liable, you’d receive 50% of the compensation amount. 
• If you were 25% liable, you’d receive 75% of the compensation amount. 

So, if you believe that you were partially liable for your injury, please contact us today. 

How Long Do I Have To Make A Road Traffic Accident Claim?

Typically, you have 3 years from the accident date to begin the road traffic accident claims process, as per the Limitation Act 1980.

However, certain claimants are unable to begin the claims process themselves. Therefore, the road traffic accident claims time limit differs for them slightly:

• Minors are unable to claim while they’re under 18. This means the 3-year time limit for them commences from their 18th birthday instead. 
• Individuals who lack full mental capacity are unable to claim until they’re recovered. This means the 3-year time limit for them commences from the date of their mental capacity recovery instead. 

However, while the claimant is unable to begin the claims process themselves, a loved one can step in and begin it for them as a litigation friend.

Litigation friends are court-appointed adults who act in the claimant’s best interests on their behalf all throughout the claims process. 

To learn more about the road traffic accident claims time limit or how to become a litigation friend, please contact us today. 

Will I Have To Go To Court For My Road Traffic Accident Claim?

In most instances, your personal injury claim for a road traffic accident will not need to go to court.

The majority of claims for a road traffic accident can be resolved without court proceedings. This means that the chances of your road traffic accident claim going to court are small.

There are different processes through which your car accident claim may go through. These are;

• The Small Claims Track: A whiplash injury valued at less than £5,000 (per the Whiplash Injury Regulations 2021) are processed through a separate claims method as a small claims track.
• The Fast Track Process: Claims worth up to £25,000 are called fast-track claims. Court cases for these claims are usually held informally.
• The Multi-Track Process: This process is for claims worth over £25,000. Such claims deal with injuries which are more serious. If the claim does go to court, it will be more formal.

A road traffic accident solicitor from our panel could help guide you through the claiming process. They have years of practice and knowledge in these particular claims and will do their best to settle your case outside of court.

Contact a member of our advisory team today to see if you could work with a solicitor on our panel.

Can I Make A No Win No Fee Road Traffic Accident Claim?

From claims involving split liability to pedestrian injuries, our team could help you to make a variety of different types of road accident claims.

The solicitors on our panel can help you navigate the road traffic accident claims process and offer a variety of services such as help with gathering evidence, submitting your claim within the time limits and negotiating your compensation.

A No Win No Fee solicitor from our team could handle your claim through a Conditional Fee Agreement (CFA). Under a CFA, there will be nothing to pay for the work carried out by a solicitor prior to the claiming starting, during the claim, or if it is unsuccessful.

Should your claim be a success they will take a success fee (a legally limited percentage) out of your compensation.

To learn more about how we could help you claim compensation, please contact our team:

Common Types Of Road Accidents

Road traffic accidents can happen in many different ways, and the type of collision you were involved in can affect how your compensation claim is handled.

Understanding the most common types of road accidents can help you determine who may be liable and what evidence you’ll need to support your case.

1. Car Accidents: Car accidents are the most frequent type of road traffic collision. They can occur due to speeding, distracted driving, or failure to observe road signs. Even minor crashes can lead to injuries such as whiplash, fractures, or soft tissue damage.
2. Rear-End Collisions: A rear-end collision typically happens when one vehicle fails to stop in time and hits the back of another. The driver who crashes into the rear of another vehicle is usually considered at fault, and victims can often claim for injuries like whiplash or back pain.
3. Motorcycle Accidents: Motorcyclists are particularly vulnerable on the road. Poor visibility, careless drivers, or road defects can all cause serious injuries. Claims often cover not just physical harm but also damage to the motorcycle and protective gear.
4. Pedestrian Accidents: Pedestrians are at high risk of severe injury when struck by a vehicle. Claims can be made if a driver failed to give way, was speeding, or was otherwise negligent at the time of the accident.
5. Cyclist Accidents: Cyclists are frequently injured due to drivers failing to check blind spots or open car doors safely. A compensation claim can help cover medical expenses and any loss of earnings caused by the accident.
6. Passenger Accidents: Passengers can make a claim regardless of who was at fault, whether the driver of their own vehicle or another road user caused the collision.
7. Public Transport Accidents: If you were injured while travelling on a bus, taxi, or another form of public transport, you may be entitled to claim compensation against the operator or another party responsible for the accident.

 

Even if your situation doesn’t neatly fit into these categories. For example, if you were injured while riding a horse on a public road – we can still offer expert guidance. Our team can assess your circumstances and help you understand your rights and options for making a claim.

What to do after a car accident ›

Frequently Asked Questions

You may still have some questions about the road traffic accident process. Keep reading for answers to common questions that we receive.

Learn More About Claiming Road Traffic Accident Compensation

Below, you can find out more about how a No Win No Fee solicitor could help you make a personal injury claim.

• Further information on what you need to know about a road traffic accident claim.
• Learn step-by-step how to claim as a delivery driver injured at work.

Additional resources:

• View the latest road accident safety statistics in this government resource.
• Learn more about whiplash and its symptoms from the NHS.
• Advice for road users from Think!

Thank you for reading our guide to the road traffic accident claims process. For more information on making a road traffic accident compensation claim, please contact our team.

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