If you have been involved in a road traffic accident, you may be dealing with physical injuries, disruption to your daily life and financial losses linked to your recovery. Compensation can cover the impact of your injuries, treatment needs, lost earnings and other costs caused by the accident.

You may be able to claim compensation if the accident was caused by another road user. You may also be able to claim if you were partly responsible, provided another person was also at fault. Strict time limits apply to personal injury claims, so it is important to seek legal advice as soon as possible.

JMW’s road traffic accident solicitors help people make compensation claims after accidents involving cars, motorcycles, bicycles, pedestrians, public transport, uninsured drivers and untraced drivers. Our legal team will explain whether you have grounds to claim, what evidence is needed and how the claims process works.

This guide explains road traffic accident compensation claims in England and Wales. It covers when you can claim compensation, what to do after an accident, how compensation is calculated and how JMW can help you take the next step.

What Should I Do After a Road Traffic Accident?

The steps you take after a road traffic accident can protect your health and support a compensation claim.

You should:

• Check whether anyone needs urgent help: call the emergency services if anyone has been injured or the road is blocked.
• Move to a safe place if possible: only move if it is safe to do so. Avoid standing close to moving traffic.
• Exchange details: take the other driver’s name, address, phone number, vehicle registration and insurance details.
• Report the accident: make sure to alert the police if anyone has been injured, or if details were not exchanged at the scene.
• Take photos and videos: record the position of the vehicles, damage, road markings, traffic signs, weather conditions and any visible injuries.
• Collect witness details: take names and contact details from anyone who saw the accident happen.
• Seek medical attention: medical records provide evidence of the injuries sustained and the treatment you need.
• Keep records of your losses: save receipts, wage information, travel records and details of any care or support you have needed.

You should also speak to a personal injury solicitor before accepting an offer from an insurance company. Early legal advice can help you understand whether an offer reflects the full impact of your injuries, medical expenses and financial losses.

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

You may be able to make a personal injury claim if you were injured in a road traffic accident caused by another person’s actions or failure to take proper care.

To claim compensation, you will usually need to show that:

• Another person owed you a duty of care: all road users owe each other a duty of care. This means they must take reasonable steps to avoid causing injury to others. This applies to drivers, motorcyclists, cyclists, pedestrians, passengers and public transport operators.
• That duty was breached: this could include driving too fast for the conditions, failing to look properly, ignoring traffic signals, using a phone while driving or making an unsafe manoeuvre.
• The accident caused your injuries: medical evidence will establish the link between the road traffic accident and the injuries sustained.
• You experienced loss as a result: this can include pain, loss of amenity, lost earnings, medical expenses, travel costs, care needs and other financial losses.

Road traffic accidents can happen anywhere, and claims can be made for accidents on major roads, side streets, junctions, crossings, cycle lanes, car parks and public transport routes. If you are unsure whether you can claim compensation, you should seek legal advice.

JMW can assess your circumstances during an initial conversation. If we believe you have grounds to make a road traffic accident claim, our legal team will explain the evidence needed and guide you through the next steps.

As the claimant, you must prove on the balance of probabilities that someone else’s negligence caused your injuries. JMW's personal injury lawyers can help you do this by gathering the right evidence, arranging medical reports and dealing with the other party or their insurance company on your behalf.

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 collect not only affects whether we can prove that you are entitled to claim compensation, but the amount of compensation you will receive.

• A police accident report: if police officers 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: If in any doubt 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 damages, 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.

What Is the Time Limit for a Road Traffic Accident Claim?

In most road traffic accident compensation claims, you have three years from the date of the accident to start court proceedings. This is known as the limitation period.

There are some exceptions. If the injured person is under 18, the three-year time limit usually starts from their 18th birthday. A parent, guardian or litigation friend can start a claim on their behalf before then.

Different rules also apply if the injured person lacks mental capacity. In these cases, the time limit may not start unless they regain capacity.

You should seek legal advice as soon as possible after a road traffic accident. This gives your solicitor time to gather evidence, arrange medical reports and advise you on the best route for your claim. Learn more about how time limits apply for personal injury claims.

Can I Make a Road Traffic Accident Claim on a No Win, No Fee Basis?

Many road traffic accident compensation claims can be made on a no win, no fee basis. This means you do not need to pay legal fees upfront to start your claim.

A no win, no fee agreement is also known as a conditional fee agreement. If your claim is not successful, you do not pay your solicitor’s fees. If your claim is successful, a success fee is deducted from your compensation. This will be explained clearly before your claim begins.

This type of agreement helps to reduce financial risk. It allows you to claim compensation without paying expensive legal costs at the start of the claims process.

JMW will discuss funding with you at the outset. We will explain your options in plain English and make sure you understand how legal costs will be handled before you decide whether to proceed.

What Factors Affect How Much Compensation You Receive?

Road traffic accident compensation is calculated by looking at the injuries sustained, the impact on your daily life and the financial losses caused by the accident. The compensation amount will depend on your circumstances.

Compensation is usually made up of two main parts: general damages and special damages.

General damages

General damages compensate you for the injury itself. This includes pain, loss of amenity and the effect of the injury on your daily life.

The Judicial College Guidelines are used by solicitors, insurers and courts to value personal injury claims. These compensation guidelines provide broad brackets for different types of injury. Your solicitor will use them alongside medical evidence to assess the likely value of your injury compensation.

General damages will depend on factors such as:

• The type of injury
• The seriousness of the injury
• The treatment you need
• The expected recovery period
• Whether there is any long-term impact
• The effect on your mobility, independence and daily routine

Special damages

Special damages compensate you for financial losses caused by the road traffic accident. These losses are assessed separately from general damages.

They can include:

• Lost earnings
• Future loss of earnings
• Medical expenses
• Rehabilitation costs
• Travel expenses
• Care and support costs
• The cost of equipment or adaptations
• Repairs or replacement of damaged belongings

You should keep receipts, wage slips, invoices and other records. These enable your legal team to calculate your financial losses accurately and show the costs you need to cover.

What factors affect the compensation amount?

Every road traffic accident claim is different. The compensation awarded will depend on the full impact of the accident.

Factors that can affect the compensation amount include:

• The severity of the road traffic accident injuries
• How long your recovery takes
• Whether further medical treatment is needed
• Whether you have sustained multiple injuries (for example, a broken arm alongside another injury)
• Whether the accident affects your ability to work
• The value of your lost earnings
• The cost of medical expenses and rehabilitation
• Whether you need care or support
• Whether there is any permanent disability
• Whether interim payments are needed before the final settlement

A claim involving serious injuries like a brain injury, a head injury, multiple fractures, severe crush injuries or significant permanent disability will typically need detailed medical and financial evidence to make sure the compensation claim reflects the full impact of the accident.

How are multiple injuries assessed?

If you sustained multiple injuries in a road traffic accident, each injury will be considered as part of the overall claim. The final compensation amount is not usually calculated by simply adding together separate figures for each injury.

Your solicitor will assess how the injuries interact and how they affect your life as a whole. This includes the combined effect on your mobility, work, independence, care needs and recovery.

Medical evidence is especially important in personal injury claims involving multiple injuries. It is used to show the full extent of the injuries sustained and the treatment or support you need.

Use our Compensation Calculator

JMW’s Compensation Calculator offers an initial indication of how much compensation you may be able to claim for your injury. Our compensation tables are based on the latest Judicial College Guidelines data, and are designed to give an accurate starting point, but they are only a guide before you speak to a solicitor.

The calculator provides guidance based on the type and severity of injury. It can be useful if you want to better understand the potential value of personal injury compensation after a car accident, motorcycle accident, cycling accident or pedestrian accident.

The calculator does not assess every part of a personal injury claim. It will not fully account for lost earnings, medical expenses, care needs, rehabilitation costs or the wider impact of the road traffic accident on your daily life. Use the calculator first, then consult a solicitor to discuss your case and get advice tailored to the full claim.

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

You may still be able to claim compensation if a road traffic accident was partly your fault. This is known as contributory negligence.

Contributory negligence means that more than one person was responsible for the accident or for the extent of the injuries sustained. If this applies, your compensation may be reduced to reflect your share of responsibility.

For example, responsibility may be split 50/50, 75/25 or in another proportion depending on the evidence. You should seek legal advice before accepting a 50/50 position from an insurance company. The final position should reflect what happened and the evidence available.

JMW will review the circumstances of the accident and advise you on whether contributory negligence is likely to apply. Our legal team will also deal with the insurance company and work to make sure your compensation reflects the full impact of your injuries and financial losses.

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

You may still be able to claim compensation if you were not wearing a seatbelt at the time of the accident. However, your compensation may be reduced if the evidence shows that wearing a seatbelt would have reduced the severity of your injuries.

This is another example of contributory negligence. It does not automatically prevent you from making a road traffic accident claim.

The reduction will depend on the circumstances of the accident and the medical evidence. Your solicitor will consider whether the seatbelt issue affected the injuries sustained and how this should be reflected in the compensation amount.

JMW can advise you on how this may affect your claim and explain the likely next steps.

What Is the Road Traffic Accident Compensation Claims Process?

The road traffic accident compensation claims process will depend on the circumstances of the accident, the evidence available and whether the other party accepts responsibility.

In most cases, the process involves the following steps:

• Initial advice: you speak to a personal injury solicitor about what happened. They will explain whether you have grounds to claim compensation and what the next steps are.
• Evidence gathering: your legal team gathers evidence about the accident, your injuries and your financial losses. This can include photos, witness details, police reports, medical records and payslips.
• Medical evidence: your solicitor arranges an independent medical report. This should outline the injuries sustained, the treatment needed and the likely recovery period.
• Notifying the other party: your solicitor contacts the person or organisation responsible for the accident. This will usually involve the other driver’s insurance company.
• Response on responsibility: the other party or their insurer will confirm whether they accept or dispute their responsibility for the accident.
• Calculating compensation: your solicitor reviews your medical evidence and financial evidence. They will then assess the compensation amount that should be claimed.
• Negotiation: your legal team negotiates with the other party or their insurer. Many compensation claims are resolved through negotiation.
• Court proceedings: court proceedings may be needed if responsibility is disputed or if the parties cannot agree the compensation amount. Your solicitor will explain each step if this becomes necessary.
• Final settlement: once compensation is agreed or decided, your solicitor will arrange for the compensation to be paid to you.

JMW will manage the claims process on your behalf. We will keep you updated, deal with the insurance company and explain what is happening at each stage.

Learn more about the process of making a personal injury claim.

How Long Does a Road Traffic Accident Claim Take?

The time it takes to complete a road traffic accident claim depends on several factors. The process may feel daunting, especially while you are recovering, but early legal advice will protect your position. These include the seriousness of the injuries, whether responsibility is accepted and how long it takes to understand your recovery.

A straightforward car accident claim can often be resolved quickly if the other party accepts responsibility and the medical evidence is clear. Claims involving serious injuries, multiple injuries, permanent disability or ongoing treatment usually take longer. This is because your solicitor needs to understand the full impact of the accident before advising on a final settlement.

The timeline can also be affected if:

• The other party disputes responsibility
• Further medical evidence is needed
• You need rehabilitation or care support
• Lost earnings and future losses need to be calculated
• Court proceedings are required

Interim payments may be available in some cases where responsibility is accepted. These payments can address immediate needs and ease financial pressure while the claim continues. JMW can request interim payments where appropriate and can move quickly to put support in place.

Can I Claim if the Other Driver Was Uninsured or Untraced?

You may still be able to claim compensation if the other driver was uninsured or cannot be traced. These claims are usually made through the Motor Insurers’ Bureau.

The Motor Insurers’ Bureau compensates people who have been injured in road traffic accidents caused by uninsured or untraced drivers. This can include hit-and-run accidents where the driver leaves the scene and cannot be identified.

These claims follow a different process from a standard car accident claim against an insurance company. You should seek legal advice as soon as possible so the correct steps can be taken.

JMW can advise you on whether a Motor Insurers’ Bureau claim is the right route. Our legal team will explain what evidence is needed and guide you through the process of making an uninsured driver claim.

How Can JMW’s Road Traffic Accident Solicitors Help?

JMW’s road traffic accident solicitors help people claim compensation after accidents involving cars, motorcycles, bicycles, pedestrians, public transport, uninsured drivers and untraced drivers.

When you speak to us, we will review what happened and explain whether you may be able to make a personal injury claim. If your claim can proceed, our legal team will use its expertise to help you at every stage, no matter the circumstances.

We can:

• Review the circumstances of the road traffic accident
• Explain your options in clear terms
• Gather evidence to support your claim
• Arrange independent medical evidence
• Deal with the insurance company or Motor Insurers’ Bureau
• Calculate the compensation amount
• Request interim payments where appropriate
• Arrange rehabilitation and care support where needed
• Negotiate compensation on your behalf
• Advise you if court proceedings are required

We understand that road traffic accident injuries can affect your health, work, mobility and daily routine. Our solicitors will focus on securing the right support for your recovery and making sure your compensation claim reflects the full impact of the accident.