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How road traffic accident claims work

The short answer

A road traffic accident claim asks the insurer of the driver who caused your accident to put right what it cost you. It usually has two parts: a vehicle claim for repairs, a replacement vehicle and other out-of-pocket losses, and, if you were hurt, an injury claim for compensation. Most claims are settled by negotiation with the insurer, without going to court.

Last reviewed October 2026

Your claim has two lanes

Vehicle claimRepairs, a replacement vehicle, write-off value, your excessBack on the Road UK
Injury claimCompensation for your injury, lost earnings, treatment costsNJS Law solicitors
Both are claimed from the at-fault driver's insurer

What is a road traffic accident claim?

A road traffic accident (RTA) claim is a request for compensation from whoever caused an accident on the road. In practice, the claim is made against their motor insurer. Every driver on UK roads must have insurance that covers injury and damage they cause to other people, so that's who pays to put things right.

The vehicle claim

Covers the cost of getting you moving again: repairing or replacing your vehicle, keeping you mobile while it's off the road, and other losses such as your excess. Back on the Road UK handles this side for you.

The injury claim

Covers compensation for your pain and recovery, plus financial losses linked to your injury, such as lost earnings and treatment. Injury claims are handled by the solicitors at NJS Law.

Who can make a road traffic accident claim?

Anyone who was hurt or left out of pocket by an accident someone else caused can usually claim. That includes:

  • Drivers
  • Passengers
  • Motorcyclists
  • Cyclists
  • Pedestrians
  • Horse riders
Passengers

You can claim even if the driver was a friend or family member. The claim is made against the at-fault driver's insurer, not against the driver personally.

What can I claim for?

A claim can cover most costs and losses the accident caused. Depending on what happened, that can include:

Repairs to your vehicle

Vehicle

A replacement vehicle while yours is off the road

Vehicle

The pre-accident value of your vehicle if it's written off

Vehicle

The excess you paid on your own policy

Vehicle

Recovery and storage charges

Vehicle

Extra travel costs, such as taxi or train fares, while you're without a car

Vehicle

Compensation for the injury itself, its pain and its effect on your life

Injury

Earnings you lost while you couldn't work. Claiming lost earnings explained

Injury

Treatment, physiotherapy, prescriptions and care from family or friends

Injury
Step by step

How does the claim process work?

Most road traffic accident claims follow the same broad stages, from your first call to the final settlement. You won't need to deal with the other driver's insurer yourself.

You decide whether to accept any offer.

  1. Tell us what happened

    Call us or send your details online. We'll ask about the accident, the other driver and any injuries, and tell you whether you're likely to have a claim.

  2. We contact the other driver's insurer

    We set out what happened and ask the insurer to accept that their driver was responsible, which is called admitting liability. Photos, dashcam footage and witness details all help at this stage.

  3. We get you back on the road

    Where appropriate, we arrange repairs and a replacement vehicle. If your vehicle is written off, we negotiate its value with the insurer.

  4. Your injury is assessed

    If you were hurt, your NJS Law solicitor arranges an independent medical examination. The report sets out your injuries and how long recovery is expected to take.

  5. Your losses are valued and negotiated

    Once the medical picture is clear, your solicitor values your claim, including your financial losses, and negotiates with the insurer on your behalf.

  6. Your claim is settled

    When an offer is agreed, the compensation is paid. If the insurer won't accept responsibility or make a fair offer, court proceedings may be needed, though many claims still settle before a hearing.

Which route will my injury claim take?

In England and Wales, the route an injury claim takes depends on how you were travelling and roughly what the claim is worth. Your solicitor will work out the right route for you.

Smaller claimsOfficial Injury Claim

A free online service for adult drivers and passengers in a motor vehicle, where the injury part of the claim is worth up to £5,000 and the whole claim is worth up to £10,000. You can use it yourself or with a representative.

Legal costs usually can't be claimed back from the insurer at this level, so ask about fees before you instruct anyone.

Claims up to £25,000The RTA claims portal

Claims that fall outside Official Injury Claim but are worth up to £25,000 usually go through a separate online portal used by solicitors and insurers.

This includes most claims by cyclists, motorcyclists, pedestrians and children, who can't use Official Injury Claim.

Larger claimsOutside the portals

More serious or complicated claims, worth over £25,000, are handled directly between your solicitor and the insurer, sometimes with evidence from several medical experts.

Your solicitor will explain how this works if your claim falls into this group.

These figures are the limits that decide which route a claim takes. They are not a guide to what any claim is worth. Every claim is different.

Uninsured and hit-and-run drivers

What if the other driver was uninsured or drove off?

You may still be able to claim. The Motor Insurers' Bureau (MIB) compensates people who are hurt or left out of pocket by uninsured drivers, hit-and-run drivers and foreign-registered vehicles.

If the other driver drove off, report the accident to the police as soon as possible. MIB has strict reporting rules for these claims.

Uninsured driverThe driver is identified but didn't have valid insurance at the time
Untraced driverThe driver left without giving details, or gave false ones
Foreign vehicleThe vehicle wasn't registered in the UK
The usual time limit

3 years

from the date of the accident, for injury claims

How long do I have to make a claim?

The law usually gives you three years from the date of the accident to start an injury claim. If you miss it, you may lose the right to claim. There are some exceptions:

Children

The three years doesn't start until their 18th birthday. A parent or guardian can claim for them before then.

Lack of mental capacity

Time doesn't usually run while someone lacks the mental capacity to manage their claim.

Injuries discovered later

If you only realised later that an injury was caused by the accident, the three years may run from when you found out.

Even with time to spare, it's best not to wait. Evidence is easier to gather early, and you'll want your vehicle sorted quickly.

After an accident

What should I do after a road accident?

What you do in the hours and days after an accident can make a claim much easier. If you can:

  • Stop, make sure everyone is safe, and call 999 if anyone is hurt
  • Swap names, addresses and insurance details with the other driver
  • Take photos of the vehicles, the road and any injuries
  • Note the names and phone numbers of any witnesses
  • Save any dashcam footage before it's recorded over
  • Report the accident to the police within 24 hours if you couldn't swap details at the scene
  • Tell your own insurer about the accident
  • See your GP or go to A&E if you feel any pain, even days later
  • Keep receipts for anything the accident costs you

How much does it cost to make a claim?

For the vehicle side, the costs of putting things right are claimed back from the at-fault driver's insurer.

Injury claims handled by NJS Law are usually run on a No Win No Fee basis. Your solicitor will explain exactly what you would pay, and when, before you agree to anything.

How long does a claim take?

It depends on how quickly the insurer accepts responsibility and how long your recovery takes.

The vehicle claim is often resolved well before the injury claim, because injury compensation can't be properly valued until doctors have a clear picture of your recovery.

How Back on the Road UK can help

Back on the Road UK is a trading style of NJS Law Limited, a firm of solicitors regulated by the Solicitors Regulation Authority. We handle the vehicle side of non-fault accident claims, and the solicitors at NJS Law handle injury claims, so you only need to make one call to get started.

Remember there's a three-year time limit for injury claims.

Call us free on 0800 820 3860 or send us your details online.

Call 0800 820 3860 Send us your details

Frequently asked questions

Do I need a solicitor to make a road traffic accident claim?

Not always. Adult drivers and passengers with smaller injury claims can use the free Official Injury Claim service themselves. Many people still choose legal help, especially where the other side disputes who was at fault, the injuries are more serious, or they were a cyclist, motorcyclist or pedestrian.

Will a non-fault claim affect my car insurance?

If the costs are recovered from the at-fault driver's insurer, your no-claims bonus shouldn't normally be affected. You should still tell your own insurer about the accident, and insurers can take any accident into account at renewal, so check your policy.

Can I claim if I was partly to blame?

Usually, yes. Your compensation may be reduced to reflect your share of the blame, which the law calls contributory negligence. Not wearing a seatbelt, for example, can reduce the compensation for an injury.

Will my claim go to court?

Most road traffic accident claims are settled by agreement with the insurer. Court proceedings are only needed if the insurer won't accept responsibility or make a fair offer, and even then many cases settle before a hearing.

Can I claim as a passenger?

Yes. Passengers claim against the insurer of the driver who caused the accident, even if that was the driver of the car they were travelling in.

How long do I have to make a road traffic accident claim?

For injury claims, usually three years from the date of the accident. For children, the three years starts on their 18th birthday, and there are other exceptions, so it's best to get advice early.

Back on the Road UK is a trading name of NJS Law Limited, registered in England and Wales, company number 15170704. NJS Law Limited is authorised and regulated by the Solicitors Regulation Authority, SRA number 8006550. This guide gives general information for England and Wales only and does not constitute legal advice.