Things to consider when you claim for a road accident injury

  • You can claim compensation if injured in a road accident caused by another party’s negligence.
  • A claim is still possible if you were partly to blame.
  • A claim should be started within 3 years of your injury date.
  • You can be compensated for your injury, medical expenses, vehicle damage, lost earnings, and rehabilitation costs. Find out how much with our compensation calculator.
  • You can make a no win, no fee claim.
  • You can still claim if the other driver was uninsured or you couldn't get their details.
  • Evidence such as photos, witness statements, and police reports will help your claim.

If a road injury has set you back, we'll help you move forward

A road accident can have a profound affect on your life. Beyond the physical pain, the unexpected trauma of a road collision can leave lasting emotional scars.

If your life or the life of a loved one has been affected by a car crash or other accident on the road, we can help.

If your injuries were caused by another driver, cyclist, pedestrian, or any other road user, you may be entitled to claim No Win, No Fee compensation.

With 135,000 road traffic injuries a year - you are not alone

29,742 car drivers and other road users were seriously injured or killed, and 135,480 people suffered an injury of some severity on UK roads in 2022 (source. gov.uk).

5% of adult road users had been involved in an accident in the last 3 years - 1/3 of whom suffered an injury (source. DfT).

Insurance companies must register new injury claims with the Department for Work & Pensions (DWP). Between 1 April 2022 and 31 March 2023, 367,535 road injury claims were registered with the DWP (source: CRU).

If you decide to make a road traffic accident claim, your solicitor will guide you through each step of the process. They will support you until you successfully win your claim and receive the compensation you need to move forward.

How much compensation can I claim for a road accident injury?

The compensation you can claim for a road accident injury will depend on:

  • the extent of your injury,
  • the impact of your injury on your daily life and ability to work,
  • any financial impacts or losses resulting from the accident.

Road accident injury compensation calculator

Find out how much compensation you could claim in just a few minutes. Check your legal eligibility and see if you qualify for a No Win, No Fee claim.

Updated October 2024 Compensation Calculator v3.1

General damages compensate for pain, suffering, and loss of amenity (PSLA). These awards are set by the Judicial College (judiciary.uk) and detailed in their personal injury guidelines.

If your road accident caused you to miss work, special damages cover lost earnings, commissions, bonuses, and pension contributions. You may also claim for future lost earnings if a medical prognosis shows you can't work later. Special damages also cover medical expenses like therapy, surgery, and diagnostic tests needed for your recovery.

Read more

How is compensation calculated if I have multiple injuries?

Average road accident general damages compensation table

The following road accident payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Ankle injury

Example Amount
Minor fractures, sprains, and ligament injuries with full recovery Up to £15,250
A fracture or ligament injury with mild ongoing symptoms £15,250 to £29,500
Lengthy treatment required, and your ability to walk has been permanently affected £34,740 to £55,540
Severe ongoing symptoms that are likely to worsen in the future £55,540 to £77,340

Arm injury

Example Amount
Simple fracture to one or both forearms; £7,330 to £21,300
Less severe injury to one or both arms, with onoing disability but good prospects for recovery £21,300 to £43,460
Serious fracture of one or both forearms, with scarring and/or ongoing disability £43,460 to £66,410
Very serious impairment, disability and damage, similar to having lost the arm entirely £106,690 to £145,250

Back injury

Example Amount
A back sprain, disc prolapse, soft tissue injury or minor fracture that fully recovers without surgery £2,720 to £13,870
A disc lesion, prolapse, fracture or soft tissue injury leading to chronic conditions, including pain, mobility issues, impaired sexual function, psychological effects, a risk of arthritis, spondylolisthesis, and nerve root irritation £13,870 to £30,800
Severe spinal cord damage, nerve root damage, disc lesions, fractures and soft tissues leading to serious chronic conditions £43,020 to £178,590

Chest injuries

Example Amount
Serious pain and/or disability for several weeks Up to £4,380
Full uncomplicated recovery £2,440 to £5,910
A chest injury with no significant, permanent lung damage (e.g. a penetrating chest wound) £13,970 to £19,930
Some ongoing disability £34,740 to £60,840
Lung function is significantly affected, causing disability and/or reduced life expectancy £72,950 to £111,680

Facial injury

Example Amount
Multiple fractures of facial bones, with some facial deformity £16,530 to £26,560
Le Fort fractures of frontal facial bones £26,420 to £40,760

Facial scarring

Example Amount
A hardly noticeable scar (or scars) £1,890 to £3,920
A single scar that can be camouflaged with makeup, or multiple small scars that don't markedly affect your appearance £4,380 to £15,250
Significant scarring where the worst affects are reduced by cosmetic surgery, and/or with causing a psychological impact £10,110 to £33,380

Foot injury

Example Amount
Simple metatarsal fractures, ruptured ligaments, or puncture wounds Up to £15,250
Displaced metatarsal fractures, deformity and/or continuing symptoms, where further surgery is required £15,250 to £27,730
Injuries affecting your mobility, including fracture of both heels or feet, heel fusion, osteoporosis, ulceration and symptoms including deformity that requires a brace £27,730 to £43,490

Hand injury

Example Amount
A fracture or break recovering within 6 months, and/or with scarring, tenderness and pain in cold weather Up to £5,270
Moderate crush injuries, penetrating wounds, or deep cuts £6,280 to £14,730
Serious crush injury that causes impaired function andthat cannot be resolved with surgery £16,040 to £32,170

Knee injury

Example Amount
E.g. dislocation, torn cartilage or meniscus, that could cause future symptoms or weakness, or that exacerbated an existing injury Up to £15,250
More serious knee injuries with a greater risk of future symptoms, pain and weakness £16,460 to £29,050
E.g. a leg fracture that extends to the knee joint, or injuries that cause constant pain and restricted movement, and/or a risk of osteoarthritis or future knee surgery £29,050 to £48,210

Leg injury

Example Amount
Short-term and minor soft tissue injuries Up to £13,140
Less serious injuries, e.g. simple leg fractures £10,110 to £15,620
Including multiple leg fractures and crush injuries £30,800 to £43,490

Neck injury

Example Amount
Soft tissue injury £2,720 to £8,750
Fracture or dislocation injuries, or worsening of existing conditions, including wrenching, disc lesions and cervical spondylosis £27,730 to £42,700

Non-facial body scars

Example Amount
Burns with scarring and ongoing pain £2,630 to £8,690
Scarring such as an exploratory laparotomy scar Around £9,590
A noticeable laceration scar or single disfiguring scar £8,690 to £25,220

Nose injury

Example Amount
Simple undisplaced fracture with full recovery £1,890 to £2,800
Recovery after manipulation with no surgery required; £2,800 to £3,500
Complete recovery following surgery £4,380 to £5,660

Post-traumatic stress

Example Amount
Full, or near full, recovery within 1 to 2 years £4,380 to £9,070
Mostly complete recovery £9,070 to £25,680
Significant impact on your life and work, and permanent effects but with a likelihood of improvement with professional support and treatment £25,680 to £66,410
A permanent and significant impact on your daily life and work, with a lower likelihood of improvement with treatment £66,410 to £111,680

Shoulder injury

Example Amount
Soft tissue injury with recovery in under 1 year, causing considerable pain £2,720 to £8,750
Injuries causing some pain and disability, e.g. a displaced, fractured clavicle £5,710 to £13,580
Soft tissue injury with recovery in under 2 years, and/or limited shoulder movement or frozen shoulder £8,750 to £14,160

Thumb injury

Example Amount
Thumb fracture with recovery in under 6 months, and/or with scarring, tenderness or pain in the cold Up to £5,270
Severe dislocation of the thumb £7,040 to £8,630
Including arthrodesis of the interphalangeal join, damage to tendons or nerves, impairment of sensation and function £10,730 to £13,970
Injuries that impair your grip and dexerity, including partial amputation, nerve damage, and fractures requiring wires £13,970 to £18,600

Whiplash

Example Amount
Up to £220
£220 to £1,200
£1,200 to £3,830

Wrist injury

Example Amount
Relatively minor soft tissue injury or displaced fracture, with a full recovery within 12 months £3,920 to £5,260
Uncomplicated Colles' fracture Around £8,250
Fracture or soft tissue injury with complete recovery £6,750 to £11,480
Some permanent disability, persistent pain and/or stiffness £13,970 to £27,180

Can I claim for a psychological injury?

Road accidents can be shocking, traumatic events, often leaving a psychological impact alongside physical injuries.

According to our 2024 Road Injury Claimant Survey, 32.47% of injured road users suffered a psychological injury, 78.53% of these alongside a physical injury.

Injuries as a driver or passenger often result in amaxophobia (fear of driving or being a passenger) and Post Traumatic Stress Disorder (PTSD).

You can claim compensation for recognised psychological harm that arises from a road accident, including PTSD. Your solicitor will help ensure you can access help and mental health support that may not be available on the NHS in your area.

Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.

Can I claim compensation for a road traffic injury?

You can claim compensation for a road accident if:

  • It happened in the last 3 years
  • Someone else was at fault
  • That person owed you a duty of care

Even if you think you were partly responsible, you may still be able to make a claim.

For injured children, the three-year limit starts on their 18th birthday, giving them until age 21 to file a claim.

Find out online if you can claim with our injury claim calculator. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

What if?

I was partly to blame

In our 2024 Road Injury Claimant Survey, 5.24% of injured road users felt they were at least partly responsible for their accident or injuries.

The legal term for situations where an injured person is partly responsible for their injuries is 'contributory negligence'. In these cases, you can still make a claim but your compensation may be reduced through a split-liability agreement - where both parties share fault.

Read more:

Can I claim if I feel I was partly responsible for my accident?

I want to claim for someone else

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured, or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the car accident compensation claim.

My car wasn't damaged

You can still suffer injuries such as lower back pain and whiplash in a low-speed collision where there is no obvious vehicle damage. It is even possible to sustain injuries where there is no collision at all, e.g. when a driver is forced to brake suddenly.

For example, a negligent driver's conduct may cause you to perform an emergency stop. You may avoid a collision, but the abrupt braking could well cause a whiplash injury, particularly if your vehicle was travelling at speed.

I wasn't wearing a seatbelt

Yes. It is usually possible to make No Win, No Fee car accident claims even in cases where the driver or passenger was not wearing a seatbelt.

However, medical evidence may show that not wearing a seatbelt contributed to the seriousness of your injuries. This is known as 'contributory negligence'. Your compensation award will be reduced (often by around 25%). This is to reflect the amount of compensation you would have received, if you had worn a seat belt and, therefore, received less serious injuries.

My motor insurer wants me to claim through them

Some insurance companies have tried to deter genuine road traffic accident claimants from claiming the full car accident compensation payouts to which they are entitled. Insurance companies do not want you to make a claim and will try to minimise the compensation paid out if you do claim.

If you have been contacted by an insurance company offering to deal directly with your car accident claim, remember that most insurance companies are responsible to their shareholders, not to you as the injured person.

Instructing an expert road accident solicitor gives you the peace of mind that you have an independent specialist on your side. If you make a claim with a solicitor, you will be represented by a professional regulated by the Solicitors Regulation Authority (SRA).

I had no motor insurance

Maybe. As a car passenger, you can make a claim without car insurance. In most cases, car accident claim payouts are paid by the negligent car driver's insurance company, not your own insurer.

If you are a driver involved in an accident that was not your fault and you do not have insurance, the situation is more complicated. Driving without valid insurance is an offence. Whether you can still make a claim will depend on the facts of the case.

I had a crash with a foreign-registered vehicle

If you were injured in a car crash with a vehicle registered in another country, you may still be able to make a road accident claim.

You can submit a claim under the Motor Insurers Bureau’s (MIB) Green Card scheme. This scheme enables you to claim compensation from the MIB directly, or from the UK agent of a foreign insurance company.

I'm worried a claim will affect my motor insurance premium

Your insurer will expect you to report any accident, whether or not you were injured. Your insurer will take the accident into account when you renew your premium.

Even if the accident was not your fault it may still affect your premium, albeit to a lesser degree, as the insurer may see you as a higher risk than before.

If the injury claim includes a claim for repairs to your car, motorbike, or other vehicle, it may also affect your renewal premium.

Claiming through an independent solicitor means that compensation will be paid by the at-fault driver's insurance company. This approach is less likely to affect your premium.

The accident wasn't caused by another road user

You can still claim compensation if your accident was not directly caused by another driver, rider or pedestrian.

You may be able to claim car accident compensation if you were injured because the local council or transport authority failed to maintain the road condition properly. Examples include:

  • A road accident caused by a pothole
  • An accident caused by dangerous road conditions, like a failure to grit icy roads
  • Confusing road signs or missing road signs

Whether you are an injured cyclist, motorcyclist, driver or pedestrian, if you are unsure if you are eligible to make a car accident personal injury claim, call us on 0800 376 1001 or arrange a callback.

The other driver is uninsured, untraceable, or I didn't get their details

If the other party is unknown, such as in a hit-and-run, you may still be able to claim compensation. If the driver fled without giving their insurance details or provided false information, personal injury solicitors can help uncover evidence through eyewitness accounts, CCTV, and police reports.

If the driver is uninsured or can’t be identified, you can claim through the Motor Insurers' Bureau (MIB). The MIB is an independent body that compensates victims of uninsured or unidentified drivers, funded by contributions from car insurance premiums.

A solicitor can assist with your MIB claim, or you can apply directly.

Read more:

Claiming compensation through the Motor Insurers Bureau (MIB)

Claiming road accident compensation with a solicitor

Compensation helps you recover financially after a road accident, covering treatment costs and living expenses during recovery.

A personal injury solicitor can help you make a no win, no fee road traffic accident (RTA) claim, building your case and negotiating the best settlement for your injuries, lost earnings, and expenses.

Solicitors can also provide:

  • Interim financial support if you can't work
  • Advice on personal injury trusts, tax, and benefits
  • Coordination with rehabilitation providers
  • Access to treatments beyond the NHS

What is the road injury claim process?

Once you have chosen a personal injury lawyer to help you with your claim, your solicitor will:

  • Agree on the terms under which the solicitor will represent you
  • Draw up a Conditional Fee Agreement (CFA) (no win, no fee)
  • Gather information and evidence about your accident
  • Arrange a medical assessment
  • Review the medical report outlining your injuries
  • Decide whether your claim should follow the Small-Claims Track, the Fast-Track or Multi-Track protocol.
  • Submit the claim notification in accordance with the relevant protocol
  • Send you a form to list any costs and losses you have incurred
  • Negotiate the best possible compensation settlement

What if the other road user accepts liability?

With Fast-Track Claims, if the defendant or their insurer accepts liability, your claim will continue in the Claims Portal according to a tight deadline protocol set by the Ministry of Justice (MoJ). If required, your solicitor will try to get the insurance company to agree to fund treatment to aid your recovery.

The total claim value (general damages + special damages) is calculated by your solicitor. They will use this total as the basis for the settlement negotiation.

Once both sides agree a settlement figure, the insurance company has two weeks to pay your compensation.

Multi-track claims don't adhere to a strict timeline. These claims are usually more complex, and take longer to agree a settlement.

For small-claims track claims, see the low-value claims section below.

What if the other road user does not accept liability?

If the defendant denies liability on a fast-track claim, the claim ‘falls out of the portal’. This means that further investigation will need to be carried out by your solicitor and the fast-track route cannot be used.

Further correspondence will occur between your solicitor and the insurance company.

If the defendant continues to deny liability, your solicitor may advise filing a claim with the court. Only a small percentage of claims reach this stage. Of those claims that do, most will still settle before going anywhere near a courtroom. The insurance company may just be testing your commitment and liability can be admitted right up to the day of the court hearing.

As with fast-track claims, multi-track claims may also progress to court if liability is not agreed upon.

For small-claims track claims, see the low-value claims section below.

How long does a road traffic injury claim take to process?

The time needed to secure compensation for a road traffic accident can vary considerably.

If the defendant accepts liability, your injury claim could be settled in a few weeks. If liability is contested, a claim can take longer.

On average, a road injury claim takes 4 to 9 months to complete.

Will my claim go to court?

Highly unlikely. The majority of road traffic accident claims are settled by law firms and insurers before going to court.

Only around 5% of personal injury claims go to court. Usually, only very complex cases, or those where liability cannot be resolved, end up in court.

Even if your road accident claim does go to court, the legal costs of court action will usually be covered with the No Win, No Fee agreement.

Can I make a no win, no fee road accident injury claim?

Yes. With no win, no fee, you can claim road accident injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.

Find out more about how no win, no fee claims work

How do I start a road accident claim?

The first step is to contact a road accident solicitor for a free initial claim assessment.

You can find out if you have a claim in minutes by speaking to a legally trained advisor on 0800 376 1001. Your solicitor will not put any pressure on you to proceed with a claim if you are not ready.

Get expert advice now

Interested in talking to a road accident specialist about your claim?

  • Calls are FREE
  • Confidential consultation
  • No obligation to claim
  • No Win No Fee solicitors

Call 0800 376 1001

We are open until 9pm this evening.

or arrange a callback

Sources

(reviewed: 28/07/2024)

Chris Salmon, Director

Author:
Chris Salmon, Director