Personal Injury Guide
What to Do After a Road Traffic Accident
The steps to take at the scene, how to report the accident, when you can claim compensation, and how no win no fee works.
What should you do immediately after a road traffic accident?
Stop and stay at the scene
You are legally required to stop after any accident involving injury, damage to another vehicle, or damage to property. Leaving the scene without stopping is a criminal offence.
Check for injuries
Check yourself, your passengers, and anyone else involved. Call 999 immediately if anyone is injured. Do not move anyone who may have a spinal injury unless they are in immediate danger.
Call the police if required
Call 999 if anyone is injured, if the road is blocked, or if you suspect the other driver is uninsured or under the influence. Otherwise, call 101 to report the accident.
Exchange details
Get the other driver's name, address, phone number, vehicle registration, and insurance details. Give them yours. You are legally required to do this.
Gather evidence
Take photographs of the scene, the vehicles, any damage, road markings, traffic signs, and any injuries. Get the names and contact details of any witnesses.
Notify your insurer
Report the accident to your insurer as soon as possible, even if you do not intend to make a claim. Failure to notify can invalidate your policy.
Seek medical attention
See your GP or go to A&E even if you feel fine. Some injuries — particularly whiplash and soft tissue injuries — do not present symptoms immediately. A medical record is important evidence for any claim.
Contact a solicitor
If you have been injured, contact a personal injury solicitor as soon as possible. Early legal advice protects your position and ensures evidence is preserved.
When can you claim compensation?
You can claim compensation if you were injured in a road traffic accident that was wholly or partly caused by someone else's negligence. This includes:
- Accidents caused by another driver's negligence (speeding, running a red light, failing to give way)
- Accidents involving uninsured or untraced drivers (via the MIB)
- Accidents caused by a defective road or inadequate road maintenance (claim against the local authority)
- Accidents involving commercial vehicles where the employer may also be liable
- Accidents as a passenger, cyclist or pedestrian
What can you claim for?
General damages
Compensation for pain, suffering and loss of amenity — the impact of your injuries on your quality of life.
Loss of earnings
Past and future loss of income if your injuries have affected your ability to work.
Medical expenses
Treatment costs, physiotherapy, medication, and any future medical care.
Care and assistance
The value of care provided by family members, or the cost of professional care.
Vehicle damage
Repair costs or the market value of your vehicle if it is a write-off, plus hire car costs.
Other financial losses
Any other out-of-pocket expenses caused by the accident.
Frequently Asked Questions About Road Traffic Accident Claims
Do I have to report a road traffic accident to the police?
You must stop at the scene and exchange details with the other driver. If anyone is injured, or if you cannot exchange details at the scene, you must report the accident to the police within 24 hours. Failure to stop or report is a criminal offence.
How long do I have to make a compensation claim after a road traffic accident?
In most cases, you have three years from the date of the accident to bring a personal injury claim. For children, the three-year period runs from their 18th birthday. There are exceptions — for example, claims against uninsured drivers through the MIB have different time limits. Do not delay seeking advice.
Can I claim if the accident was partly my fault?
Yes. In England and Wales, compensation can be reduced to reflect your share of the blame — this is called contributory negligence. For example, if you were not wearing a seatbelt, your compensation may be reduced by 15–25%. You can still claim even if you were partly at fault.
What if the other driver was uninsured or drove off?
You can still claim compensation through the Motor Insurers' Bureau (MIB). The MIB compensates victims of uninsured and untraced drivers. There are specific procedures and time limits for MIB claims — we can handle this on your behalf.
What can I claim compensation for?
You can claim for: pain, suffering and loss of amenity (general damages); loss of earnings (past and future); medical expenses; rehabilitation costs; care and assistance provided by family members; damage to your vehicle and personal property; and any other financial losses caused by the accident.
How much compensation will I receive?
Compensation depends on the nature and severity of your injuries, their impact on your daily life and work, and your financial losses. Minor whiplash claims are now handled through the Official Injury Claim portal with fixed tariff payments. More serious injuries are valued by reference to the Judicial College Guidelines and your individual circumstances.
Do I need a solicitor to make a road traffic accident claim?
For minor whiplash claims (under £5,000), you can use the Official Injury Claim portal without a solicitor. For more serious injuries, or where liability is disputed, a solicitor will significantly improve your prospects of success and the level of compensation you receive.
What is no win no fee?
A no win no fee agreement (Conditional Fee Agreement) means you pay nothing if your claim is unsuccessful. If it succeeds, our fee is a percentage of your compensation — agreed with you in advance and capped by law at 25% of your damages (excluding future losses). We will explain the exact terms before you commit.
Related Personal Injury Services
Injured in a Road Traffic Accident?
We handle road traffic accident claims on a no win no fee basis. Call us today for a free initial assessment.