If you have been involved in a road traffic collision, you may be dealing with significant physical injuries, psychological side effects and financial losses related to your vehicle. Compensation can be vital in these cases, as it covers all of the factors that can affect your recovery following a road traffic accident, and help to support your recovery.

Compensation is often available after an accident that was not your fault, or even one that was partly your fault but was predominantly caused by someone else. However, there are strict time limits that apply, and it is important to act quickly and find out more if you believe you may be entitled to make a road accident claim.

Seeking legal advice is crucial, and the experienced road traffic accident solicitors at JMW can discuss your circumstances, let you know whether you will be able to claim, and advise you on the next steps to take. Here, we offer a comprehensive guide to road traffic accident compensation claims that covers many of the most common questions and offers everything you need to know to start a claim.

When Can I Make a Claim for a Road Traffic Accident?

To be eligible to make a personal injury claim for a road traffic accident in England and Wales, you and your solicitor must prove four core elements. In most cases, it is relatively straightforward to determine whether or not you may be able to claim compensation based on your circumstances, and our solicitors can typically do so after a free initial consultation.

If we believe you are eligible to make a road accident compensation claim, a specialist personal injury lawyer from JMW will help you to gather evidence and prove that all of the following apply:

• Duty of care: we must show the defendant owed you a legal duty of care. All road users owe each other a duty to use reasonable care and avoid causing foreseeable harm, which makes the duty of care relatively straightforward to prove. This is supported by the Road Traffic Act 1988 and the Highway Code, which set standards that drivers, motorcyclists, cyclists and pedestrians are expected to follow.
• Breach of duty: you need to show the defendant breached their duty of care by falling below the standard of a reasonably competent driver (or road user). Examples include:
• Driving above the speed limit or too fast for the conditions.
• Failing to properly look before turning or manoeuvring.
• Running a red light or ignoring road markings.
• Driving while using a phone or being otherwise distracted.
• Not maintaining control of the vehicle (e.g. due to drink or drugs).

The approach we will use and the evidence we need to collect will depend on the specific circumstances of your accident. It is not necessary that any of the examples above will apply for you to be able to claim compensation after being involved in a road traffic accident.

• Causation: you must prove the breach caused the accident and your injuries. This includes showing that the accident would not have happened but for the defendant’s conduct and that the harm was reasonably foreseeable. Medical evidence is vital here, and we will work with a doctor or other independent medical specialist to link your injuries directly to the accident and rule out other causes.
• Loss and damage: you must demonstrate actual harm, which usually relates to your injuries. If you wish to claim for financial losses (such as lost earnings during your recovery or out-of-pocket expenses), you can often do so if you can provide evidence of these.

As the claimant, it is your responsibility to prove on the balance of probabilities that the defendant’s negligence caused your injuries. At JMW, we can help you to make a claim successfully by gathering evidence on your behalf that proves that someone else's negligence was responsible for your injuries. We typically work on a no win, no fee basis, so there is no financial risk involved in beginning this process.

How Do I Prove a Road Accident Claim?

There are several types of evidence that may be used to prove a personal injury claim. Your solicitor can help you to gather some of these types of evidence, while you should try to collect other elements yourself before you start the claims process. The quality of the evidence you can collect not only affects whether we can prove that you are entitled to claim compensation, but the amount of compensation you can receive.

• A police accident report: if police attended the accident scene, their report will note the parties involved, road and weather conditions, any Highway Code breaches, statements from those present, and diagrams of the scene.
• Photographs and video: images of vehicle positions, debris, skid marks, traffic signs, road surface, and lighting conditions may be used. Dashcam and CCTV footage are especially persuasive because they show events as they happened.
• Accident reconstruction: in complex or disputed cases, an expert may analyse vehicle damage, speed, and stopping distances.
• Witness statements: bystanders or passengers can confirm what they saw. If possible, you should collect the contact details of any witnesses to the accident immediately, or ask someone else to do so if you are incapacitated.
• Hospital and GP records: seek medical attention immediately after your accident, even if you believe you have only sustained a minor injury that will heal on its own. While you may believe you only have minor soft tissue injuries, some serious injuries (ranging from spinal injuries to traumatic brain injuries) will not be evident straight away. However, a doctor can assess you and make sure you get the best possible treatment for any and all injuries. This will also result in medical evidence that shows your diagnosis, treatment and follow-up, which can be important for tying your injury to a road traffic accident.
• Independent report: we will ask an independent medical professional to review your notes, examine you, and give an opinion on the cause, prognosis and impact of your injuries. Orthopaedic, neurological or psychological experts may be used for complex injuries, and we may also review physiotherapy or mental health therapy notes if we believe there is ongoing harm that we must account for in your compensation.
• Financial evidence: if you wish to claim special damage, a range of financial evidence may be needed to maximise this aspect of the compensation you receive. This may include:
• Payslips, P60s, employer confirmation letters, or tax returns (for self-employed claimants).
• Invoices for physiotherapy, medication, home adaptations, or private consultations.
• Travel receipts for transport to medical or therapy appointments.
• Repair bills, replacement quotes, or valuation of written-off vehicles.

Our solicitors can also support you to calculate expected future losses, project reduced earning capacity or account for the need for long-term care.

• Communications records and documents: any correspondence with insurers can influence negotiations, especially if they contain admissions of liability. Vehicle inspection reports produced by insurers or engineers to value damage and support reconstruction can also be useful.

Insurers may challenge claims without a clear evidential link, but the team at JMW has a wealth of experience in supporting road traffic accident compensation claims and will stand by you every step of the way. Most claims are settled without the need for court proceedings, which means that the defendant's insurance company accepts the claim on the basis of the evidence we provide.

Can I Claim Compensation on a No Win, No Fee Basis?

With the exception of claims that are purely for whiplash or minor psychological injuries, JMW typically offers road traffic accident claims under a conditional fee agreement, which is also called a “no win, no fee” arrangement. This involves signing an agreement that states that you only have to pay legal costs if your claim is successful in delivering compensation. You will not have to pay any legal fees if you do not successfully claim compensation. As such, this allows you to pursue a claim with limited financial risk.

A conditional fee agreement is not the only way to fund a claim. Your solicitor will advise you of the financial aspects of a claim during a free initial consultation and outline all of the potential options so you can move through the legal process with confidence.

What Factors Affect How Much Compensation You Receive?

Every personal injury claim is different, and the road traffic accident compensation you will receive depends on a number of factors. This is calculated individually for every case, so it is impossible to estimate how much compensation you could receive without knowing the circumstances of your injury. However, it is possible to break down the elements for which you can claim compensation and outline the process by which damages are calculated.

There are two types of damages that usually apply in road traffic accident claims. General damages compensate you for your injury. This includes compensation for the pain and suffering, physical discomfort and emotional distress caused by the injury itself, and any loss of amenity (which refers to the impact on your quality of life, such as an inability to pursue hobbies, social activities, or routine tasks). Psychological injuries that can result in compensation can include anxiety, depression, post-traumatic stress disorder or travel anxiety following a collision.

The more severe or long-term the effects of an injury are, the higher this part of the award tends to be. Assessment is guided by the Judicial College Guidelines, which offers recommended compensation ranges for different types of injury. You can claim for multiple injuries caused by the same accident, which helps to make sure that the full extent of any physical pain and suffering and psychological harm is accounted for.

Special damages cover financial losses and expenses already incurred or expected in future due to your road traffic accident:

• Loss of earnings, including wages lost during your recovery and, if your capacity to work is reduced, future loss of income or career progression.
• Medical expenses for private treatment, prescriptions, physiotherapy, counselling, or surgery not fully covered by the NHS.
• Travel costs for journeys to and from hospital, physiotherapy, or medical assessments.
• The costs for adaptations to your vehicle if your mobility is permanently affected.
• The cost of care and assistance by paid carers, or the value of help provided by family and friends with cooking, cleaning, or personal care.
• Repairs, replacement costs, or any out-of-pocket expenses tied to property and vehicle damage caused by the accident.
• Equipment and adaptations such as wheelchairs, mobility aids, home adaptations or specialist vehicles if the injury leaves you with life-changing injuries or a long-term or permanent disability.

There are also factors that can reduce how much compensation you receive. If a road traffic accident is found to have been partly your fault, or your injuries were made worse by your own negligence, your compensation may be reduced to reflect your level of liability.

Can I Claim Compensation if the Accident Was Partly My Fault?

You may be able to claim even if a car or motorbike accident was partly your fault. In these cases, the legal principle of contributory negligence comes into play. This reduces the amount of compensation you can recover if you were partly at fault for your own injury, without entirely preventing your right to claim.

If evidence shows you contributed to the accident or the severity of your injuries, your solicitor may work with the defendant's insurance company to apportion responsibility between you and the other party. For claims that result in court proceedings, the court may make this decision instead.

Your compensation will then be reduced by the percentage of blame assigned to you. For example, if you were found 25% responsible, you would receive 75% of the full damages that would otherwise have been awarded. It is important to work with a specialist solicitor who can use their experience in negotiating and representing clients through road traffic accident claims to maximise the amount of compensation you receive and minimise the percentage of the liability you receive.

Can I Claim Compensation if I Was Not Wearing a Seatbelt?

It is often possible to make a claim for a car accident even if you were not wearing a seatbelt at the time, even though wearing a seatbelt is a legal requirement. As with cases where the fault is shared between the parties, the process of contributory negligence applies. This reduces the compensation for your injuries if the injuries are found to be more severe due to circumstances that were your fault, even if someone else was ultimately responsible for your road traffic accident.

Wearing a seatbelt is a key requirement for your safety, and injuries can be significantly worse if you were not wearing one at the time of your accident. In these cases, this will affect the value of your claim but not your right to seek personal injury compensation for injuries sustained in a road traffic collision.

How Does the Road Traffic Accident Compensation Claims Process Work?

While every claim is different, the process of making a personal injury claim for a road traffic accident usually follows a clear sequence and must include several key milestones. The road traffic accident claims process generally unfolds as follows:

Initial contact and case review

The process begins when you contact a solicitor to assess whether the claim is viable. If you contact us, the team at JMW will arrange a free consultation where we can take details of how the accident happened and check the relevant time limits - you must usually claim within three years from the date of the accident. We will also review any evidence you can provide at this stage - ideally photos, witness details and insurance information - to help you understand whether you are entitled to seek compensation.

Investigation

If you decide to move ahead with a road traffic accident compensation claim, our legal team will begin to gather evidence and build a case. This could include arranging an independent medical examination to prove the extent of your injury and establish a fair compensation amount, and speaking to any witnesses whose details you have collected.

Once we have built a strong case, your solicitor will formally notify the other driver’s insurance company by sending a Letter of Claim. This sets out your version of events describing how the accident happened, why the defendant is alleged to be at fault, details of your injuries and the evidence we have gathered.

The defendant's response

The defendant’s insurer has a fixed time, usually a few months, in which to investigate and reply. In most cases, they accept liability for the accident and we can proceed to negotiating over the amount of compensation you receive. If the other party denies liability, your solicitor will gather the evidence we have collected and issue court proceedings.

Going to court

Your solicitor prepares and files a claim form and particulars of claim in court. The defendant has the opportunity to file a defence, and the court sets a timetable for disclosure of evidence, witness statements, expert reports, and trial.

Most cases still settle before trial, even if the claim has been filed with the court. Litigation can keep the process moving where the insurer denies liability or undervalues the claim, but we will always continue negotiating until the court date arrives to secure the maximum possible compensation.

Payment of compensation

If we reach a settlement or a judgment in your favour, the defendant or their insurer pays damages either as a lump sum or as a series of ongoing payments, depending on the arrangements we have made for your needs. In some cases, we can secure interim payments, which are early compensation payments made before your claim concludes. These can address urgent financial needs and are sometimes awarded in cases where liability is not disputed, and only the value of your claim is still subject to negotiation.

How Can JMW's Road Traffic Accident Solicitors Help?

JMW’s knowledgeable road traffic accident solicitors have a wealth of experience in delivering compensation after a car accident. Our thorough approach maximises how much compensation you will receive, as we make sure to consider all of the relevant financial losses and the full extent of your injuries. We have longstanding relationships with experts who can offer vital statements and analysis to support your claim, and we generally work on a no win, no fee basis, which enables you to make a personal injury claim with limited financial risk.