In the aftermath of a car accident, you can suddenly find yourself facing injuries, shock, vehicle damage, time off work and ongoing disruption to your routine. Where the collision was caused by someone else's negligence, you may be entitled to claim compensation, but many people are unsure where to begin, or how the process works.

This guide from the car accident lawyers at JMW explains each stage of the car accident claim process, starting from the immediate aftermath of the incident. We explain your rights, the steps involved in making a claim and how a personal injury solicitor can build the strongest case possible, whether your injuries are minor or life-changing.

Who Can Make a Car Accident Compensation Claim?

You may be able to make a car accident injury claim if you were injured due to someone else’s actions or failure to act responsibly. This includes:

• Drivers injured by another road user
• Passengers in any vehicle
• Cyclists or motorcyclists hit by a vehicle
• Pedestrians struck by a car or other vehicle

You can claim compensation for a wide range of road traffic accident injuries, including whiplash, head injuries, broken bones, spinal damage and other serious injuries.

What If I Don't Have the Details of the Driver?

If the other driver was uninsured or untraced, such as in a hit and run, you can still pursue a claim through the Motor Insurers’ Bureau. This is a non-profit organisation funded by UK insurers to compensate people injured by uninsured or untraced drivers.

What to Do in the Aftermath of a Car Accident

You should always look after your health first and foremost, by checking for injuries and calling the emergency services if you, or anyone else involved in the accident, need them. This is the first of several steps you can take in the aftermath of a car crash, including:

• Exchange details: if you are able, exchange details with the drivers of any vehicles involved. In these situations, the law obliges them to provide you with their name, address and car registration number if your own car was involved. If they refuse to provide this information, or leave the scene without stopping, this is considered a crime, and you should report the incident to the police immediately.
• Report the accident: even if the other party stopped and exchanged details, you should still report the accident to the police if anyone is injured. Once the report has been made, ask for a police reference number and keep a record of it, as this can help support your claim.
• Prioritise medical attention: even if your injuries seem minor, and you don't receive emergency medicine at the scene, you should still seek medical help as soon as possible. A medical examination will make sure your condition is properly assessed, and create a medical record that will be important evidence in your compensation claim.
• Gather evidence: the more evidence you can collect at the scene, the stronger your claim will be. If it’s safe to do so, try to gather:
• Photos of the accident scene, vehicle damage and any visible injuries
• Registration numbers of the vehicles involved
• Contact details for any witnesses, so your solicitor can contact them to get a witness statement
• Insurance details of the other driver
• Notes on weather conditions, road layout and traffic signals

The more evidence you can gather in the moments and days after your accident, the stronger your case will be.

How the Car Accident Claim Process Works

Step 1: Speak to a solicitor

The claims process begins when you seek legal advice from an experienced personal injury solicitor. Insurance companies acting on the other party's behalf will often reach out to you early in the process to offer you compensation, but they will ask you to agree to a lower compensation amount than you would otherwise be entitled to. A solicitor specialising in road traffic accidents can explain your rights, assess your claim and begin building a case on your behalf that will secure the full amount of compensation to which you are entitled.

Step 2: Determining liability

Establishing who caused the accident is a key part of the car accident claim process. Your solicitor will review evidence such as witness statements, photos, dashcam footage and police reports to determine who was at fault.

In some cases, more than one party may share responsibility. This is known as contributory negligence. For example, if you were not wearing a seatbelt at the time of the collision, or were using a mobile phone while cycling or crossing the road, you may still be entitled to compensation but the amount you receive would likely be reduced to reflect your share of the blame.

Your solicitor will assess whether contributory negligence is likely to apply and make sure that any adjustment to your compensation is fair and evidence-based.

Step 3: Calculating your compensation

Your compensation claim will take into account:

• General damages: this includes pain, suffering and loss of amenity
• Special damages: this accounts for the financial impact of lost income, medical treatment costs, travel expenses, and ongoing care needs

If you have experienced life-changing injuries, the settlement may include long-term care, adaptations to your home or workplace, and future losses. Your solicitor will use their expertise to take into account the full impact the accident itself, the resulting injury and the related financial costs have had on your life. Although each case is different, you can use our personal injury claim calculator to get an idea of the amount of compensation you could receive.

Step 4: Negotiation and settlement

In the car accident claim settlement process, your solicitor will submit your claim to the other party’s insurance company. Most claims are resolved through negotiation, without needing to go to court.

If the insurer accepts liability, your solicitor will negotiate the settlement amount based on your medical report and financial losses. If they deny liability or make an offer that does not reflect the true impact of your injuries, your solicitor will advise on next steps.

Will I Need to Go to Court for my Injury Claim?

The vast majority of claims are settled without the need for a court hearing. However, in the small percentage of cases where the other side disputes liability or refuses to offer appropriate compensation, your solicitor will need to consider court action.

Should this be the case, your solicitor will prepare your case thoroughly and present your case to the judge. During the time it takes to reach court, your solicitor will continue to negotiate and seek settlement before the final hearing.

How Long Does the Car Accident Claim Process Take?

The time period for settling a road traffic accident claim varies depending on:

• The severity of your injuries
• How quickly liability is resolved
• The availability of medical evidence
• Whether court action is required

For minor injuries, many fast track claims settle within a few months. More complex multi-track claims involving serious injuries or disputes may take longer. Where appropriate, your solicitor may apply for interim payments to help you with immediate medical costs or lost wages.

When to Seek Legal Advice

It’s important to seek legal advice as soon as possible after an accident. Acting quickly gives your solicitor time to gather evidence while it is still fresh, arrange an independent medical assessment if necessary and make sure the claim is submitted within the correct time limit.

At JMW, we handle the full car accident claim process, providing ongoing support from your first call to your final settlement. We manage all communication with insurers, deal with the Motor Insurers’ Bureau if needed, and build a case that reflects the full impact of your injuries on your daily life.