Injury time limits explained
In England and Wales, you generally have three years from the date of a road traffic accident to start a personal injury claim. For children, the three years don't start until their 18th birthday. If someone lacks the mental capacity to manage a claim, the clock doesn't run at all while that continues.
Last reviewed October 2026
These limits come from the Limitation Act 1980. Missing one can mean losing the right to claim altogether, so it's worth understanding how they work.
3
years
From the date of a road traffic accident to start a personal injury claim
Limitation Act 1980When does the three-year time limit start?
The date of the accident
For most road accidents the injury is obvious straight away or within days, so the accident date is what counts.
The "date of knowledge"
The date you first knew, or reasonably should have known, that you'd suffered a significant injury and that it was caused by the accident.
Time limits at a glance
| Situation | Time limit | When the clock starts |
|---|---|---|
| Adult injured in a road accident | 3 years | The accident date, or the date of knowledge if later |
| Child injured (under 18) | 3 years | Their 18th birthday, so up to their 21st birthday |
| Adult who lacks mental capacity | No limit runs while capacity is lacking | When capacity is regained |
| Claim after someone died in an accident | 3 years | The date of death, or the date of knowledge if later |
| Damage to your vehicle only | 6 years | The accident date |
What does "starting a claim" mean?
The time limit is the deadline for issuing court proceedings, not just for getting in touch with a solicitor. Most claims settle without going to court, but the preparation takes time.
That's why it's best not to leave it close to the deadline. Speaking to someone early also means evidence such as dashcam footage, witness details and medical records is still easy to get.
- Gathering evidence
- Getting a medical report
- Giving the other side time to respond
- The deadline: issuing court proceedings
Can a child make a claim before they turn 18?
Yes. A parent or guardian can bring a claim on a child's behalf at any time before their 18th birthday, acting as their "litigation friend". Any settlement for a child has to be approved by a court to make sure it's fair.
Before their 18th birthday
A parent or guardian can claim on their behalf as their litigation friend, at any time.
18 to 21
If no claim was made, they can bring one themselves, up to their 21st birthday.
What if I've missed the deadline?
A court has the power to allow a claim after the time limit has passed, but it's used sparingly. The court looks at things like the reason for the delay and whether the other side can still defend the claim fairly. You shouldn't rely on it.
If you think you might be near or past a deadline, speak to a solicitor as soon as possible.
Are the time limits different for whiplash claims?
No. Claims made through the Official Injury Claim service follow the same three-year rule.
What if the other driver was uninsured or drove off?
Injury claims involving uninsured or untraced drivers go to the Motor Insurers' Bureau, which has its own rules on reporting to the police and making a claim. Report the accident to the police straight away.
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. The solicitors at NJS Law can tell you which time limit applies to you and whether you have a claim.
Call us free on 0800 820 3860 or send us your details online.
Frequently asked questions
How long do I have to claim for a car accident injury?
Generally three years from the date of the accident, under the Limitation Act 1980.
How long does a child have to claim?
Until their 21st birthday. The three years start when they turn 18, and a parent can claim for them before then.
Is the time limit the same for vehicle damage?
No. Claims for vehicle or property damage only generally have six years.
Can I still claim after three years?
Possibly, but only if a court allows it, which is rare. Get advice as soon as you can.
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.