| Key Takeaways |
|---|
| You can claim compensation if another driver’s negligence caused your injuries. |
| Claims cover physical injuries, psychological trauma, lost earnings, and vehicle damage. |
| You have three years from the accident date to bring a personal injury claim. |
| The MIB covers claims involving uninsured or untraced drivers. |
| Wolf Law offers free initial consultations and no win no fee arrangements. |
Being involved in a road traffic accident is a frightening experience, and the aftermath can feel overwhelming. If another driver’s negligence caused the accident, you have the right to claim compensation for your injuries and losses. Understanding what to do in the immediate aftermath — and in the weeks that follow — can make a significant difference to the outcome of your claim.
Road traffic accident claims are among the most common personal injury claims in England and Wales. They arise from collisions between cars, motorcycles, cyclists, and pedestrians, as well as accidents involving commercial vehicles and public transport. Whatever the circumstances of your accident, if someone else was at fault, you should not have to bear the financial consequences alone.
What to Do at the Scene
Your priority at the scene is safety and health. Move to a safe location if possible and call 999 if anyone needs emergency medical attention. Exchange details with the other driver — name, address, vehicle registration, and insurance details. Take photographs of the vehicles, the road, and any visible injuries. Note the names and contact details of any witnesses. If the police attend, obtain the incident number.
Reporting the accident
Report the accident to your own insurer as soon as possible, even if you intend to claim through the other driver’s insurer. Failure to notify your insurer promptly can affect your own policy. You should also see a doctor as soon as possible after the accident, even if you feel reasonably well. Symptoms such as whiplash can take days to develop, and a contemporaneous medical record is important evidence. The NHS guidance on whiplash explains what to expect and when to seek further treatment.
What You Can Claim For
Compensation in road traffic accident claims covers both physical and financial losses. General damages compensate for pain and suffering, including both physical injury and any psychological impact such as anxiety, PTSD, or loss of confidence in driving. Special damages cover your specific financial losses — earnings lost while you were unable to work, the cost of medical treatment, physiotherapy, travel to appointments, and vehicle repair or replacement.
Whiplash reform and fixed tariffs
The Civil Liability Act 2018 introduced fixed tariff compensation amounts for soft tissue injuries (including whiplash) arising from road traffic accidents, where the injury resolves within two years. These tariffs apply to claims worth up to £5,000 in damages. Wolf Law will advise you on whether your claim falls within the fixed tariff regime or outside it, and ensure you receive the correct compensation for your specific injuries.
For more serious injuries — fractures, spinal injuries, head injuries — the fixed tariff system does not apply, and compensation is assessed on the individual facts of your case. Wolf Law’s personal injury team handles claims at all levels of severity.
Uninsured and Untraced Drivers
If the driver who caused your accident was uninsured or drove away without stopping, you can still claim compensation. The Motor Insurers’ Bureau (MIB) exists specifically to compensate victims of accidents involving uninsured drivers (through the Uninsured Drivers Agreement) and untraced drivers (through the Untraced Drivers Agreement). Claims against the MIB follow a different procedure and have different time limits from standard claims. Wolf Law has experience of MIB claims and can guide you through the process.
Time limits for road traffic accident claims
You have three years from the date of the accident to bring a personal injury claim. For children, the three-year period does not start until they turn 18. MIB claims have shorter time limits in some cases. The MIB’s published agreements set out the applicable time limits in detail. Act promptly — contact Wolf Law’s accident solicitors as soon as possible after your accident.
What if the accident was partly my fault?
You may still be able to recover compensation, but it may be reduced to reflect your share of responsibility. This is called contributory negligence. Even if you were partly at fault, it is worth seeking advice from Wolf Law to understand your position.
Can I claim for a passenger in my car?
Yes. Passengers injured in a road traffic accident can claim against the at-fault driver, which may be the driver of the vehicle they were travelling in or the driver of another vehicle. Passengers are rarely found to have contributed to an accident unless they were not wearing a seatbelt.
What is whiplash and can I claim for it?
Whiplash is a soft tissue injury to the neck caused by the sudden forward-and-backward movement of the head in a collision. It is the most common road traffic accident injury. Claims for whiplash are subject to fixed tariff compensation amounts under the Civil Liability Act 2018, depending on the duration of symptoms.
How long will my road traffic accident claim take?
Straightforward soft tissue injury claims can settle within a few months. More complex claims involving serious injuries, disputed liability, or future loss calculations take longer. Wolf Law will give you a realistic timeline at your initial consultation.
Does Wolf Law offer no win no fee for road traffic accident claims?
Yes. Wolf Law handles qualifying road traffic accident claims on a no win no fee (conditional fee arrangement) basis. You pay nothing if your claim is unsuccessful.
This article is intended for informational purposes only and does not constitute legal advice. For specific advice relating to your circumstances, please contact Wolf Law directly to arrange a consultation with one of our qualified solicitors.
