Road Traffic Accidents — 17 Frequently Asked Questions
If you've been injured in a road traffic accident in England or Wales — as a driver, passenger, cyclist, or pedestrian — you can generally claim compensation from the at-fault driver's insurer, or through the Motor Insurers' Bureau if they were uninsured or untraced. Most claims worth £5,000 or less for whiplash-type injuries go through the Official Injury Claim portal under the Whiplash Reform Programme; larger or more complex claims follow the ordinary claims process.
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What should I do immediately after a road traffic accident?
Stop the vehicle, check for injuries, and call 999 if anyone is hurt or the road is blocked. Exchange details with the other driver(s), take photos of the scene and vehicle damage, and get the names of any witnesses.
Can I claim if the accident wasn't my fault?
Yes — if another driver caused or contributed to the accident, you can generally claim against their insurer for your injuries, vehicle damage, and other losses. You'll usually need evidence of fault, such as a police report, witness statements, or dashcam footage.
What if the other driver was uninsured or drove off?
The Motor Insurers' Bureau (MIB) exists precisely for this — it compensates victims of uninsured and untraced (hit-and-run) drivers under the Uninsured Drivers Agreement and Untraced Drivers Agreement. A solicitor can help bring a claim through the MIB.
How much compensation can I get for whiplash?
Whiplash injuries lasting up to two years are now assessed under a fixed tariff introduced by the Civil Liability Act 2018, with amounts set by the government rather than negotiated case by case. More severe or longer-lasting whiplash falls outside the tariff and is valued under the ordinary Judicial College Guidelines.
What is the Whiplash Reform Programme?
It's the 2021 reform that introduced the fixed tariff for whiplash injuries and requires most road traffic claims worth £5,000 or less to go through the Official Injury Claim (OIC) portal, often without a solicitor. It only applies to road traffic accident claims in England and Wales.
Can I claim as a passenger?
Yes. Passengers can claim against the driver(s) at fault, even if that's the driver of the car they were travelling in, and even if the driver is a friend or family member — the claim is against their insurance, not them personally.
What if I was partly at fault for the accident?
You can still claim under a rule called "contributory negligence" — your compensation is reduced by a percentage reflecting your share of the blame (for example, not wearing a seatbelt might reduce an award by around 15–25%), rather than being refused entirely.
Do I need a police report to claim?
Not always, but it helps significantly, especially if fault is disputed. If the police attended the scene, ask for the incident number; if they didn't, a solicitor can still build a claim from other evidence like witness statements, photos, and vehicle damage.
Can I claim for a cycling accident?
Yes — cyclists injured by the fault of a driver, another cyclist, or a road defect (like a dangerous pothole) can claim in the same way as any other road user, though as a "vulnerable road user" without a vehicle's protection, injuries can be more serious.
What if I was a pedestrian hit by a vehicle?
Pedestrians can claim against the at-fault driver's insurer. If the driver was uninsured or untraced, a claim can be brought through the Motor Insurers' Bureau instead.
How long after a car accident can I start a claim?
You can start straight away, and generally should — evidence is freshest and witnesses are easiest to trace soon after the accident, even though the legal time limit to bring a claim is normally three years.
Can I claim for damage to my car as well as my injuries?
Yes, these are usually claimed together: injury compensation ("general damages") plus your financial losses ("special damages"), which include vehicle repair or write-off costs, a replacement hire car, and any other out-of-pocket expenses.
What is a knock-for-knock agreement, and does it affect my claim?
It's an arrangement between insurers to each cover their own policyholder's vehicle damage regardless of fault, to save on legal costs. It doesn't affect your right to claim compensation for your injuries from the at-fault driver.
Can I claim if the accident happened abroad?
Often yes, particularly within the EU, under rules that let you bring a claim in England or Wales against a foreign insurer in some circumstances. This area is genuinely complex and jurisdiction-specific, so early advice from a solicitor experienced in cross-border claims is important.
What if the accident caused psychological injury, not just physical injury?
Psychological injuries such as PTSD, anxiety, or depression caused by a road accident can be compensated in the same claim as physical injuries, provided they're properly diagnosed and linked to the accident by medical evidence.
How much is the fixed whiplash tariff in England and Wales?
For accidents on or after 31 May 2025, the tariff runs from £275 for whiplash lasting up to three months to £4,830 for whiplash lasting between 18 and 24 months, under the Whiplash Injury Regulations 2021 as amended in 2025. Slightly higher figures apply where a minor psychological injury was suffered on the same occasion, rising to £4,975 at the top band.
When does the whiplash tariff not apply?
The tariff only covers soft tissue injuries to the neck, back or shoulder suffered by a driver or passenger in a road traffic accident in England or Wales, lasting no more than two years. Injuries lasting beyond 24 months, and injuries to cyclists, motorcyclists, pedestrians and horse riders, are valued under the ordinary Judicial College Guidelines instead, which usually produces a considerably higher figure.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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