Claiming compensation after a road traffic accident

First steps at the scene and in the days that follow

However shaken you feel, the actions you take in the first hour after a collision can shape your claim. If anyone is injured or the road is blocked, call 999. Otherwise, move to a safe place, switch on your hazard lights and, if you can, note the position of the vehicles before they are moved.

Under section 170 of the Road Traffic Act 1988 you must give your name, address and insurance details to anyone with reasonable grounds to ask for them. If you do not exchange details at the scene, you must report the accident to the police as soon as reasonably practicable and in any event within 24 hours. Failing to do so is a criminal offence, quite separate from any compensation claim.

While you are there, gather as much as you reasonably can:

• Photographs of all vehicles, the road layout, skid marks, traffic signs and the weather conditions.
• The other driver's name, address, phone number, insurer and policy number, plus their vehicle registration.
• Names and contact details of any witnesses, including passengers in your own car.
• Whether a dashcam was running, and in which vehicle. Footage is often overwritten within days, so ask early.
• The police reference number if officers attend, and the officer's collar number if you can note it.

See a doctor and keep a written record of your injuries

Whiplash, soft-tissue damage and concussion often feel worse two or three days later than they do at the roadside. Adrenaline masks a great deal. Even if you feel broadly fine, it is sensible to have a GP or an NHS 111 adviser look you over.

Medical evidence is the backbone of a personal injury claim. In practice that means:

• Attending A&E, a minor injuries unit or your GP promptly, and telling them exactly how the accident happened.
• Keeping every appointment, and reporting new or worsening symptoms rather than waiting to see if they settle.
• Asking for copies of records, discharge letters and fit notes.
• Noting how the injuries affect daily life — sleep, work, driving, lifting your children, exercising — because that detail supports the claim for your pain, suffering and loss of amenity.

In most cases a medical expert will later prepare a report for the claim, but your own contemporaneous NHS records are often the most persuasive documents in the file.

Telling the insurers — yours as well as theirs

Notify your own insurer promptly, even if the accident was entirely the other driver's fault. Your policy almost certainly requires you to report any accident, and failing to do so can jeopardise your cover. Prompt notification also lets them handle repairs, a courtesy car or a total loss valuation without delay.

If the other driver was at fault, their insurer may contact you directly with an offer. You are under no obligation to accept an early settlement, and it is usually wise not to do so before you know how your injuries will resolve. Once you accept a full and final offer, the claim is closed for good.

For lower-value claims, the Official Injury Claim portal handles most soft-tissue injuries arising from accidents on or after 31 May 2021, where the injury is valued at £5,000 or less and the total claim is under £10,000. It is designed to be used without a solicitor, though you are free to instruct one if you prefer.

If the driver who hit you was uninsured or never traced, the Motor Insurers' Bureau (MIB) scheme exists for exactly that situation. You must report the accident to the police within 14 days to use the untraced drivers' scheme, so do not delay.

Time limits: three years, with important exceptions

In England and Wales, the general limitation period for a personal injury claim is three years from the date of the accident. For damage to your vehicle or other property, the same three-year period usually applies. Miss the deadline and the claim is, in almost every case, lost.

There are exceptions worth knowing:

• Children. A claim can be brought at any time up to the child's 18th birthday, and then for a further three years — so until their 21st birthday.
• Injury discovered later. In some cases the clock runs from the date you knew, or ought reasonably to have known, that you had a significant injury. This is a technical area and needs tailored advice.
• Lack of capacity. If someone cannot manage their own affairs because of a brain injury, time may not run at all.
• Fatal accidents. Dependants and estates have their own time limits, generally three years from the date of death.

What you can claim, and what strengthens a case

Compensation has two elements. General damages cover the pain, suffering and loss of amenity caused by your injuries. Special damages cover the financial losses flowing from the accident.

• Lost earnings, including overtime, commission and any future loss of income.
• Care and help around the home, even if provided free by family.
• Prescription charges, physiotherapy, private treatment and travel to appointments.
• Vehicle repairs, hire charges, a replacement child seat or helmet, and the diminished value of a damaged car.
• Adaptations to your home or car, if the injuries require them.

Keep every receipt, payslip and invoice. Do not discuss the accident or your injuries on social media — insurers do check, and a photograph of you hiking three weeks after a serious back injury will be used against you. Be honest with your solicitor and your doctors at every stage, because a claim built on exaggeration tends to unravel.

Most claims settle without a day in court, but the strength of the paperwork you gather in the first few weeks often decides how smoothly — and how fairly — that settlement comes.