Car Accident Claims Process

If you were involved in a car accident caused by someone else’s negligence, you may be able to claim compensation for your pain and suffering and any related financial expenses.

While this may not be at the forefront of your mind, a compensation claim can help you cover any lost wages during recovery, get access to the best medical treatments, and ease any financial strain caused by the accident.

While the idea of taking legal action might feel overwhelming, your solicitor will provide guidance and support throughout the car accident claims process. They will handle all the legal aspects of your case so that you can focus on your recovery and loved ones without the added stress of litigation.

For a free case assessment, call 0800 470 0472 today or use our claim form to request a call back. A friendly solicitor will be able to advise you on your legal options and answer all your questions about the car accident claims process.

Table of Contents

• Am I eligible to make a car accident claim?
• What process should I follow if I’m involved in a car accident?
• What evidence do I need to make a claim for a car accident?
• What are the stages of the car accident claims process?
• Difference between small claims, fast track and multi-track
• Should I accept an early offer from the defendant?
• How do I claim on behalf of a loved one?
• Do I need to go to court to settle my claim?
• How are claims for whiplash injuries settled?
• Time limits to start an accident compensation claim
• How much will my claim cost?

Am I eligible to make a car accident claim?

If you were injured in a car accident, you should contact a personal injury solicitor for a free case assessment as soon as possible to find out whether you are entitled to make a claim. Before taking on your case, they will verify that:

• Another party owed you a legal duty of care.
• They breached this duty and caused a road traffic accident (RTA).
• You suffered injuries and other losses as a result of the accident.

A duty of care will be established based on various legislation, depending on the accident circumstances. For example:

• The Road Traffic Act 1988, if another road user, such as a driver or motorbike rider, is to blame for the accident;
• The Highways Act 1980, if you were injured due to a road defect such as a pothole because your local authorities failed to maintain the road;
• The Consumer Protection Act 1987, if the accident was caused by a manufacturing defect of the vehicle.

Once a legal duty is established, your solicitor will help you gather the necessary evidence to support your claim and get started with the legal process. You can read more about this in the sections below.

What process should I follow if I’m involved in a car accident?

If you’ve been involved in a car accident, taking the following steps can help protect your legal and financial interests and ensure your safety:

• Stop your vehicle, no matter how minor you believe the incident is. Failing to do so is an offence.
• Move to a safe location without leaving the accident scene, turn on your hazard lights, and if possible, use a reflective warning triangle to alert other road users.
• Make sure that you and everyone else are safe. Check for injuries and call an ambulance if anyone has suffered serious injuries.
• Never admit fault at the accident scene, even if you feel responsible for it. If you make a claim, it will be up to the defendant to dispute liability or prove that you are also to blame for the incident.
• Exchange names and insurance details with the other drivers involved.
• Gather as much evidence as possible at the scene, such as photographs, vehicle details and witness contacts.
• If someone was injured, you were involved in a hit-and-run, or you suspect a crash for cash scheme, report the accident to the police within 24 hours.
• Report the incident to your insurer immediately, no matter how minor and even if you do not want to make a car accident claim.
• Keep all receipts and other documents related to expenses and financial losses caused by the accident.
• If you want to seek compensation for your injuries, contact a specialist solicitor as soon as possible.

What evidence do I need to make a claim for a car accident?

If you wish to make a claim following a car accident, you will need as much evidence as possible to support it, which could include:

• Your medical records, which will show the type and severity of your injuries and the treatments you received following the accident;
• A copy of a medical report from an independent specialist detailing your injuries and your future care needs;
• Visual evidence from the accident scene, such as photographs, videos, CCTV or dash cam footage;
• Pictures of your injuries and the damage to your vehicle and other personal items;
• Details about the date, time and location of the accident, as well as the weather and traffic conditions at the time;
• Information about the other vehicles involved in the collision, such as their model, colour and registration number;
• Driver details, including their contact information and a description;
• Statements from witnesses who saw how the events occurred;
• Your testimony regarding what happened, the pain and suffering you endured and how the incident has affected your life;
• A copy of the incident report from the police, if it was reported to the authorities;
• Testimony from accident reconstruction experts who can help clarify how the accident occurred and who was at fault;
• You also need proof of financial losses and expenses, such as payslips, medical bills and receipts.

What are the stages of the car accident claims process?

While every car accident claim is unique, they all follow a few basic steps:

• First, you should contact a solicitor experienced in RTA claims who can guide you through the claims process and ensure you receive the maximum compensation owed to you.
• After appointing your solicitor, they will investigate the circumstances and help you prove who was at fault for your car accident claim.
• Next, they will assess your injuries and their long-term impact on your life and arrange for the medical care or rehabilitation you need to make the best possible recovery as soon as possible.
• Once your solicitor has all the evidence they need, they will work out how much compensation you deserve and send a letter of claim to the defendant to inform them of your intentions to sue them for damages.
• The other party must send you a letter of response within three months, stating whether they accept or deny responsibility. If they admit it, your solicitor will begin negotiating your compensation settlement.
• If they deny liability, your solicitor will issue court proceedings.
• The final step in the car accident claim process is receiving your compensation payment, which is usually within four weeks after the case settles.

Difference between small claims, fast track and multi-track

If a case cannot be settled between the parties involved and needs to go to trial, a judge must decide how it will be managed. They can assign it to one of three routes, called tracks, based on the value of the claim and how complex it is:

• The small claims track is designed for straightforward, low-value claims of up to £10,000 (with a few exceptions). The court provides the mediation service for these claims free of charge, and you will not need a solicitor to represent you.
• The fast track is for more complex cases valued at between £10,000 and £25,000. Such case hearings are usually informal, with the judge, the parties and their representatives set around a table, and do not take more than one day.
• The multi-track process is reserved for high-value, complex claims above £25,000. These cases typically require longer hearings, input from expert witnesses and extensive evidence and may take several months or years to conclude.

Should I accept an early offer from the defendant?

Sometimes, the defendant’s insurer will make an early offer to try and settle the claim as soon as possible. While this can help avoid a lengthy claims process, help you cover immediate financial expenses, and save you time and energy, you are usually not advised to accept it. Here are a few reasons why:

• You may not yet know the full extent of your injuries and their long-term effects;
• If the evidence you have is compelling, you can negotiate for a higher amount;
• You may not be aware of the full extent of your financial losses and future costs for care and assistance;
• At this stage, you may not have gathered all relevant evidence, such as detailed medical records and expert assessments;
• Once you accept the offer, you cannot reopen the claim later, even if you have new proof.

You should never accept an early compensation offer before consulting with a solicitor. They will know how much your claim is worth and whether the amount offered is fair. If you have pressing financial needs, they may be able to secure interim payments for you instead.

How do I claim on behalf of a loved one?

If a loved one cannot make a claim for a car accident themselves, you might be able to represent them as a litigation friend. This is typically the case when the injured party is a child under 18 or an adult who lacks mental capacity due to a brain injury or a pre-existing condition such as Down syndrome.

To act on their behalf, you must fill in and file some forms with the court, proving that:

• You can make fair and competent decisions throughout the claims process.
• There is no conflict of interest between you and the claimant.

Once appointed, the litigation process will be similar to any other claim. You will work with your solicitor to gather supporting evidence and make decisions about the case that are in your loved one’s best interests.

You must decide whether you accept any compensation offers from the defendant, and once you reach a settlement, you must also go to court, where a judge will determine whether the amount is fair.

Once you receive the compensation money, your solicitor can help you set up a personal injury trust in your loved one’s name so you can manage it on their behalf.

Do I need to go to court to settle my claim?

Chances are you will not have to go to court to settle your case, as around 97% of all personal injury claims are resolved without a trial, according to figures from the Ministry of Justice. There are, however, a few situations where you may not be able to settle, and you might have to argue your claim in court, such as:

• The defendant does not admit to being responsible for the accident;
• You cannot agree on an amount of compensation that you find fair;
• The other party or their insurance company are slow to respond or unresponsive;
• You want to secure interim payments to cover urgent financial needs;
• Your case is particularly complex and involves multiple parties;
• The damages you are seeking are substantial.

If your case is straightforward and liability for the accident is clear, you will not have to go to court, and your claim could be settled within a few months.

How are claims for whiplash injuries settled?

Since the Whiplash Reform Programme was adopted at the end of May 2021, claims for whiplash lasting up to two years are now valued based on fixed compensation amounts. These will depend on how long the symptoms last and whether there is also a psychological injury.

These changes also mean that the defendant will no longer contribute towards your legal fees if your claim is successful unless:

• Your compensation for pain, suffering and loss of amenities is likely to be more than £5,000;
• Your total compensation, including financial losses and expenses, is more than £10,000.

Under these circumstances, you can claim through the Official Injury Claim portal if you do not want to pay for legal advice yourself. However, we strongly suggest you speak to an experienced road traffic accident solicitor to understand how much your claim may be worth before proceeding.

Whether you have suffered from whiplash or any other type of injury, use our car accident claim calculator to find out how much your claim could be worth.

Time limits to start an accident compensation claim

Generally, claims can be made within three years after the car accident date under the Limitation Act 1980. However, there are a few exceptions:

• Claims involving children generally have no limitation period while the child is under 18. A parent or another suitable adult could claim on their behalf anytime before the child’s 18th birthday, after which the child usually has until their 21st birthday to make a claim for compensation themselves.
• If the claimant is a protected party under the Mental Capacity Act 2005 and lacks mental capacity to handle a claim, a litigation friend could claim for them without a limitation period running for as long as they lack capacity.
• If you lost a loved one in a fatal car accident, you could start a claim within three years after their death.
• You may also be able to make a claim if you had a car accident abroad, but the time limit could differ depending on each country’s laws.

How much will my claim cost?

If you have a valid claim for compensation, the solicitors we partner with will offer you a no win no fee service. That means you do not have to pay them any legal fees upfront and there’s no financial risk to you if your claim is unsuccessful.

With no win no fee, you only pay your solicitor a success fee if you win the case, which is agreed upon from the beginning and is capped at 25% of certain parts of your compensation.

If you claim under a no win no fee agreement, your general damages will also be increased by 10% to help offset the impact of the success fee. Furthermore, you can also take out After the Event (ATE) insurance, so all the litigation costs will be covered if you lose the claim, including the defendant’s, so you will never be left out of pocket.

To start your claim today or learn more about the car accident claims process, call 0800 470 0472 or arrange a call back to speak to one of our friendly legal advisers.