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Road Traffic Accident Claims — Car, Bike & Pedestrian

Road traffic accidents are the most common cause of personal injury claims in the UK. Whether you were a driver, passenger, motorcyclist, cyclist, or pedestrian, if you were hurt because someone else drove carelessly or unlawfully, you almost certainly have a claim worth pursuing. UK road accident claims are well-established legal territory — the rules are clear, the insurance framework is robust, and the overwhelming majority of valid claims succeed.

In this guide

This hub explains who can claim, the different routes available depending on your accident type, what compensation typically covers, and how to start a claim on a no win no fee basis. Detailed pages on each accident type are linked throughout.

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Who Can Claim After a Road Traffic Accident?

You can claim if you were injured in an accident caused (wholly or partly) by another person’s carelessness or breach of the road traffic rules. The most common claimant groups are:

  • Drivers and passengers in cars and vans — the largest group of UK RTA claims
  • Motorcyclists — particularly vulnerable to severe injury (see our motorbike accident claims guide)
  • Cyclists — usually claiming against motorists or against highway authorities for road defects (see our cycling accident claims guide)
  • Pedestrians — hit by vehicles in road, junction, or pavement incidents (see our pedestrian accident claims guide)
  • Bus and coach passengers — claiming against the operator and insurer
  • Taxi and minicab passengers — claiming against the driver or the operator
  • E-scooter and e-bike users — an emerging category as use grows
  • Family members of those killed on the road — through the estate and as dependants under the Fatal Accidents Act 1976

Common Causes of Road Traffic Accidents

The most common patterns in successful UK RTA claims:

  • Rear-end collisions — usually clear-cut on liability against the rear driver
  • Junction and roundabout failures — failure to give way, look properly, or judge speed
  • Lane-change and merging errors — particularly on motorways
  • Failure to see vulnerable road users — the classic blind-spot collision with cyclists and motorcyclists
  • Speeding — particularly in adverse conditions
  • Drink and drug driving — leading to civil claims as well as criminal proceedings
  • Phone use and distraction — increasingly identified as a contributing factor
  • Reckless overtaking — particularly on rural and country roads
  • Lorry and HGV manoeuvres — see our lorry and HGV accident claims guide
  • Fleeing the scene — hit-and-run cases are still claimable through the Motor Insurers’ Bureau
  • Uninsured drivers — also covered by the MIB
  • Road defects — potholes, missing signage, debris on the road (see our pothole accident claims guide)

The Official Injury Claim Portal — For Lower-Value Cases

Since May 2021, lower-value road traffic injury claims (general damages up to £5,000 in most cases, total claim value up to £10,000) have been handled through the Official Injury Claim portal — an online system established by the Civil Liability Act 2018 and Whiplash Injury Regulations 2021. The portal is designed to streamline whiplash and minor RTA claims by using a fixed compensation tariff for soft-tissue injuries lasting up to two years.

Key features of the OIC portal:

  • Fixed-tariff compensation for whiplash and minor neck/back/shoulder injuries — £275 to £4,975 for accidents from 31 May 2025 (lower figures for earlier accidents), depending on duration
  • No legal costs recoverable for portal claims below £5,000 — meaning fewer solicitors offer no-win-no-fee for these cases
  • Direct portal access for litigants in person, with insurer responses tracked online
  • Medical evidence usually from a single MedCo-accredited expert
  • Severe injuries, child claimants, and certain other cases are exempt and still go through the traditional route

For more on portal cases see our OIC portal guide. The portal is not a substitute for legal advice — specialist solicitors regularly identify cases that should be removed from the portal because the injury or losses justify higher compensation than the fixed tariff allows.

Claims Outside the Portal — The Traditional Route

Cases above the portal limits, or that fall outside the portal’s scope, follow the traditional personal injury claim process — Letter of Claim under the Pre-Action Protocol, medical evidence, negotiation, and (rarely) court proceedings. Almost all these claims still settle without trial. See our how personal injury claims work hub for the framework.

What Compensation Could You Receive?

Road traffic accident compensation is built up from general damages (for the injury itself) and special damages (for financial loss). Typical general damages ranges for common RTA injuries:

  • Whiplash and minor neck injuries (under the statutory tariff) — £275 to £4,975 for accidents from 31 May 2025 (£240 to £4,345 for earlier accidents)
  • Moderate whiplash with ongoing symptoms — typically £8,000 to £25,000
  • Moderate back injury — typically £12,000 to £30,000
  • Severe back injury with permanent symptoms — typically £40,000 to £170,000
  • Wrist fractures — typically £3,500 to £60,000 depending on severity
  • Leg fractures — typically £9,500 to £140,000+
  • Severe traumatic brain injury — typically £210,000 to over £490,000
  • Spinal cord injury with paralysis — typically £230,000 to £400,000+
  • Major amputation — typically £100,000 to £290,000 per limb
  • Fatal accident — bereavement award plus loss of dependency under the Fatal Accidents Act 1976

Special damages typically include lost earnings, vehicle damage and replacement costs, medical expenses, rehabilitation, care, and in serious cases home and vehicle adaptations. For body-part-specific amounts see our compensation by injury type hub.

The Motor Insurers’ Bureau — For Uninsured and Hit-and-Run

The Motor Insurers’ Bureau (MIB) is a fund of last resort for victims of uninsured or untraced drivers. The MIB operates two agreements:

  • The Uninsured Drivers Agreement — for accidents caused by drivers identified but uninsured
  • The Untraced Drivers Agreement — for hit-and-run cases where the driver cannot be identified

MIB compensation is similar to a standard RTA claim but with specific procedural requirements (such as reporting to the police within 5 days for untraced cases). See our uninsured driver accident claims and hit and run accident claims guides.

Time Limits

You generally have three years from the date of the accident to start a claim. For children, the three-year clock does not start until their 18th birthday. For someone who lacks mental capacity, time may be paused indefinitely. In fatal cases the three years run from the date of death. See our personal injury time limits guide for the full rules.

What to Do After a Road Traffic Accident

If you have just been in a road accident:

  1. Get medical attention — even if you feel okay. Adrenaline masks pain
  2. Call the police if anyone is injured, if the road is blocked, or if the other driver refuses to give details
  3. Exchange details with the other driver — name, address, vehicle registration, insurer
  4. Take photographs — of the scene, vehicles, road conditions, and any visible injuries
  5. Get witness contact details
  6. Save dashcam footage and disable any auto-overwrite
  7. Do not admit fault and do not sign anything from the other driver or their insurer
  8. Report the accident to your own insurer (this is a contractual requirement)
  9. Contact a specialist solicitor before discussing settlement with any insurer

For situation-specific guidance see our what to do after a car accident guide.

Will My Insurance Premium Go Up If I Claim?

In most cases your insurance premium will not go up because of a personal injury claim where you were not at fault. The personal injury claim is brought against the other driver’s insurer (or yours acting as agent), not your own policy. The accident itself is on your record and may affect future premiums for a couple of years — but making a personal injury claim does not change that.

Where you were partly at fault, the position is more nuanced — see our contributory negligence guide.

No Win No Fee Road Traffic Accident Claims

Road traffic accident claims run on a no win no fee Conditional Fee Agreement. You pay nothing upfront, nothing during the case, and nothing if the claim fails, provided you keep to the terms of your agreement. If the claim succeeds, the success fee — capped by LASPO 2012 at 25 per cent of general damages and past losses (future losses excluded) — is deducted from your compensation. After-the-Event insurance protects you from the other side’s costs if the case is lost. The ATE premium is normally payable only if you win, deducted from your compensation — it is no longer recoverable from the defendant — and your solicitor must explain how the premium and disbursements are treated before you sign (see how ATE insurance works). See our how no win no fee works guide.

For very low-value portal claims (general damages below £5,000), legal costs are not recoverable from the defendant, so the economics for no-win-no-fee solicitors are tighter. Most still take these claims, but the success fee structure may differ.

Common Questions About Road Traffic Accident Claims

I was a passenger — can I claim against my own driver?

Yes. Passengers can almost always claim regardless of which driver was at fault. If your own driver was responsible for the accident, you claim against them through their motor insurance policy. The fact that they may be a friend, family member, or spouse does not stop you claiming — the money comes from the insurer, not the driver personally.

The accident was a “no-fault” rear-end — does that simplify things?

Yes, rear-end collisions are usually clear on liability. The challenge is normally on quantum (how much) rather than fault — particularly with whiplash claims now subject to the 2021 tariff. A specialist solicitor can advise whether your case fits within the portal or should be removed.

The other driver fled the scene. Can I still claim?

Yes. The Motor Insurers’ Bureau operates the Untraced Drivers Agreement specifically for hit-and-run cases. The compensation available is broadly similar to a normal claim, but you must report the incident to the police within 5 days. See our hit and run accident claims guide.

I was a cyclist hit by a turning lorry. Is the claim straightforward?

Lorry-cyclist incidents at junctions are one of the most common patterns in serious cycling injury claims, and HGV drivers have specific responsibilities around blind spots and mirror use. Liability is often clear; the focus is usually on quantifying serious injuries. See our cycling accident claims and lorry and HGV accident claims guides.

How long does a road traffic accident claim take?

Portal whiplash cases typically resolve in 6 to 12 months. Standard non-portal RTA claims take 9 to 18 months. Serious injury RTA claims can take 18 months to 3 years (or longer for catastrophic injury), with interim payments throughout. See our how long does a claim take guide.

How much is a road traffic accident claim worth?

It depends entirely on your injuries and financial losses. Minor whiplash under the tariff: £275 to £4,975 for accidents from 31 May 2025 (lower for earlier accidents). Moderate injuries with months of symptoms: £8,000 to £25,000. Significant injuries with permanent symptoms: £30,000 to £100,000+. Catastrophic injury: £300,000 to £5 million+. Use our compensation calculators for a directional estimate.

Personal Injury Claims — UK No Win No Fee

Lorry & HGV Accident Claims

Cycling Accident Claims UK

Motorbike Accident Claims

Pedestrian Accident Claims

Uninsured Driver Accident Claims

What to Do After a Car Accident

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Gavin Cooper

Gavin Cooper

Claims Expert, Claims Bible

Gavin writes and reviews Claims Bible's guidance on compensation claims. Claims Bible is a trading style of Forces Compare Ltd, authorised and regulated by the FCA for claims management activities (FRN 785329).

Updated 5 August 2026 · Part of our Personal Injury guide

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