Road Traffic Accident Claims

Road traffic accidents (RTAs) are the most common cause of personal injury claims in England and Wales. Whether you were a driver, passenger, pedestrian, or cyclist, if the accident was caused by another party's negligence, you may be entitled to compensation.

Eligibility

To make a successful RTA claim you must generally show: (1) another party owed you a duty of care, (2) they breached that duty — for example by driving carelessly — and (3) you suffered injury or financial loss as a direct result. Claims must normally be brought within 3 years of the accident date (or the date you became aware of your injury).

Indicative compensation ranges

General damages for RTA injuries are calculated using the Judicial College Guidelines (17th Edition). The ranges below are indicative — actual awards depend on the specific facts, severity, and prognosis of your injury.

Severity / type	Range (general damages)	Characteristics
Minor whiplash (tariff, up to 3 months)	£240 – £495	Soft tissue neck/shoulder, full recovery within 3 months
Minor whiplash (tariff, 3–6 months)	£495 – £840	Full recovery within 6 months
Minor whiplash (tariff, 6–9 months)	£840 – £1,320	Full recovery within 9 months
Minor whiplash (tariff, 9–12 months)	£1,320 – £2,125	Full recovery within 12 months
Moderate soft tissue back injury	£2,300 – £7,890	Soft tissue back, recovery over months to a few years
Severe back injury	£38,780 – £69,730	Nerve root damage, serious disc disruption, significant pain
Minor leg/knee injury	£1,900 – £13,570	Soft tissue, fractures with good recovery

Time limits

The standard limitation period for RTA claims in England and Wales is 3 years from the accident date. For children, time runs from their 18th birthday. If the defendant was an uninsured or untraced driver, claims must be made to the Motor Insurers' Bureau (MIB) and different time limits apply — you should seek legal advice promptly.

The claims process

Your solicitor investigates liability and gathers evidence (police report, dashcam footage, witness statements)
Your medical records and a medico-legal report are obtained
Your solicitor submits a Claim Notification Form (CNF) via the Ministry of Justice portal
The defendant's insurer has 15 business days to admit or deny liability
If liability is admitted, settlement negotiations begin; if denied, court proceedings may follow
The majority of RTA claims settle without a court hearing

Frequently asked questions

What if the other driver was uninsured?

You can claim through the Motor Insurers' Bureau (MIB). The MIB compensates victims of uninsured and untraced drivers. A solicitor can handle the MIB process on your behalf.

I was partly at fault — can I still claim?

Yes, under contributory negligence rules your compensation may be reduced by a percentage reflecting your share of fault, but you are not barred from claiming. For example, if you were 25% at fault, you would receive 75% of the full award.

Does whiplash reform affect my claim?

The Whiplash Reform Programme (effective May 2021) introduced fixed tariff damages for soft tissue injuries in RTAs with a value up to £5,000. If your injuries are more serious, or you have additional injuries beyond whiplash, the tariff may not apply to all heads of your claim.

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