Sustaining an injury in a car accident can have a lasting impact on your health, employment, and daily life. If the accident was caused by another road user, you may be entitled to claim compensation for the harm you have experienced and the losses you have incurred as a result.

There are strict time limits set by the law in England and Wales for bringing a personal injury claim following a car accident. Understanding the relevant time limits is essential, as failing to start your claim within the permitted period may prevent you from recovering compensation.

This guide explains how long after a road traffic accident you can claim, the circumstances that can affect this time limit, and how a personal injury solicitor can help you take the next step ahead of any deadlines.

Steps to Take if You’re Injured in a Car Accident

Taking the right steps after a car accident can strengthen your potential personal injury compensation claim and help your personal injury solicitor secure the best possible outcome. Acting quickly also supports your recovery and provides a clear record of events.

Gathering Evidence for Your Claim

When it comes to personal injury claims following a car accident, gathering evidence is one of the most important steps in building a strong compensation claim. The evidence you collect can make a significant difference in proving who was at fault and demonstrating the impact the accident has had on your life.

To support your car accident claim, start gathering evidence as soon as possible after the accident occurred. The following types of evidence are particularly valuable in car accident claims:

• Witness statements: people who witnessed the accident can provide details about how the incident happened and help establish liability.
• Police reports: if the police attended the accident scene, their official report can offer an impartial account of the events and may include important observations or findings.
• Medical records: documentation of your injuries and the medical treatment you received is vital for your personal injury compensation claim. These records help show the extent of your injuries and the care required.
• Photographs: images of the accident scene, vehicle damage, and any visible injuries can illustrate the severity of the accident and support your version of events.
• Independent medical assessment: an assessment by an independent medical expert can provide an objective evaluation of your injuries and their long-term effects on your daily life.

In addition to these, it’s important to keep a detailed record of any expenses related to your injuries, such as medical expenses, travel costs for treatment, and any loss of earnings. These financial losses can be included in your claim for compensation.

If you are unsure about what evidence to collect or how to go about gathering it, a personal injury solicitor can offer invaluable guidance. They are experienced in the claims process and can help ensure you have the strongest possible evidence to support your case.

How Long After a Car Accident Can You Claim Injury Compensation?

In England and Wales, you generally have three years from the accident date to begin a personal injury claim. This time limit is set by the Limitation Act 1980, which governs how long a person has to take legal action under different circumstances, including following an injury.

Limitation periods and claim time limits are set by law, but they can vary depending on the circumstances of your case. The three-year period usually starts on the accident date. However, in some cases, injuries may not become apparent straight away. If your symptoms developed or were diagnosed later, the time limit may instead begin from the date of knowledge, which means the date you first became aware that your injury was linked to the accident.

This rule applies whether you were a driver, passenger, cyclist, or pedestrian involved in the incident. The same timeframe also applies if you’re bringing a claim on behalf of someone else, such as a child or a loved one who cannot handle their own legal affairs, though some exceptions may apply. Personal injuries are a key category covered by these rules.

In fatal accidents, the three-year limit runs from the date of death, or from the date of the post-mortem or inquest if this reveals that the death was caused by the accident. Dependents of the deceased may have the right to make their own claim for compensation, which can include claims for funeral costs and other related losses.

At the same time, the three-year limit does not apply in every case. Many people ask how long after an accident they can make a claim, and the answer is that it can depend on several factors. Seeking advice from a personal injury solicitor as soon as possible allows them to start gathering evidence and ensure your car accident claim is made within the legal timeframe. If you believe you are out of time to make a claim, speak to the team at JMW for advice on whether an exception might apply.

Exceptions to the Three-Year Rule

While most people have three years from the date of a car accident to start a personal injury claim, there are several situations where this limitation period can differ. The law recognises that not everyone is able to begin legal proceedings straight away, and adjustments are made in certain circumstances.

For children, the three-year time limit does not begin until their 18th birthday. This means a claim can be brought at any point before they turn 21. Until they turn 18, a parent or guardian can act as a litigation friend to start the claim on their behalf.

For people with diminished mental capacity, such as those with a mental disability or those who do not have full mental capacity, there is no time limit to bring a claim unless capacity is later regained. If full mental capacity is restored, the three-year period begins from the date capacity is regained. If capacity does not return, a litigation friend is required to manage legal matters and act on behalf of the individual in the claims process.

If the person responsible for the accident cannot be traced - for example, in a hit-and-run incident - claims can often still be made through the Motor Insurers’ Bureau (MIB). While time limits may vary, it is still best to seek legal advice as soon as possible to avoid delays. A personal injury solicitor can advise on whether any exceptions apply and ensure your car accident claim is brought within the correct timeframe for claiming compensation.

Why the Time Limit Matters

The three-year limitation period plays a key role in how personal injury claims are handled. If you attempt to start a car accident claim after this period has passed, the court will usually refuse to hear the case, regardless of its merits. Missing the deadline may result in your claim being time-barred, meaning you lose the right to pursue legal action and cannot claim compensation for your injuries and any related losses.

In rare circumstances, the court may grant an extension to the limitation period, but this is uncommon and only permitted when there is a strong reason for the delay. Acting promptly increases the chances of a successful claim and being awarded compensation, as it ensures your solicitor has enough time to gather medical evidence, witness statements, and other supporting documentation.

Starting your personal injury claim early also helps preserve important evidence, such as accident reports and CCTV footage, which can be harder to obtain as time passes.

How a Personal Injury Solicitor Can Help

Working with an experienced legal team of personal injury specialists like the road traffic accidents team at JMW ensures you receive expert legal representation throughout your car accident claim. Our friendly team is dedicated to supporting you at every stage, from collecting evidence to negotiating with insurers, so you can focus on recovery.

We offer free legal advice and a free consultation to assess your case and discuss your options. Our personal injury specialists will begin by assessing the circumstances of your accident and the nature of your injuries, helping to establish liability and determine your entitlement to claim compensation. They will gather supporting documents, such as medical reports, witness statements, and financial records, to build a detailed case.

If the other party accepts responsibility, your solicitor will negotiate for a fair settlement that reflects the pain, suffering, and losses you have experienced. Where liability is disputed, they can issue court proceedings to protect your right to a personal injury compensation claim within the time limit.

Making Your Car Accident Claim as Soon as Possible

Although you have three years to begin your personal injury claim, starting the process sooner is always advisable. Early action allows your solicitor to collect evidence more easily. Taking early steps can also help you alleviate financial hardships by providing access to support and compensation during a difficult time.

Acting quickly also means you can receive interim support, such as rehabilitation or treatment, while your car accident claim progresses. On the other hand, delays can make it harder to trace witnesses, access CCTV footage, or secure important records. Seeking compensation is important for covering losses resulting from different injuries sustained in a car accident, as the impact and severity of injuries can vary widely, and early action can deliver interim compensation for urgent financial needs in some cases.

Even if your symptoms appear later or seem minor at first, it’s still worth seeking medical advice and legal guidance as soon as possible. This helps protect your right to claim car accident compensation and gives you the best chance of achieving a fair outcome. Even where we need time to assess your injuries and how they develop, the paperwork for your case must be submitted within the three-year time limit. For more detail on the process and potential outcomes, contact a solicitor at JMW.