A Fundamental Guide to Road Traffic Accident Claims

In reported road collisions in Great Britain in 2025, there were an estimated 29,911 people killed or seriously injured, which is 4% more compared to 2024. 

Being in a serious road traffic accident isn’t something any of us expect, let alone plan for. However, knowing some information about how to approach the situation, from the immediate steps you should take at the scene to understanding the road traffic accident claims process, can help to guide you as you navigate the complex aftermath and legal journey. 

What is a road traffic accident claim?

Not every road traffic accident gives rise to a road traffic accident claim. To be treated as a road traffic accident for legal and insurance purposes, certain criteria usually need to be met. 

Firstly, the incident must involve a motor vehicle, such as a car, van, lorry, motorcycle or bus. Accidents involving only pedestrians or non-motorised bicycles would not usually fall within the definition of a road traffic accident, although those involved may still be able to pursue a personal injury claim through other routes. 

The incident must also have taken place on a road or in another public place. This can include streets, rural roads, cycle tracks and public car parks. This distinction is important because different legal rules may apply to accidents that occur on private land, particularly when it comes to insurance and liability. 

Who can make a road traffic accident claim?

Within the above limits, anyone who has been injured in a road traffic accident due to or partly due to a third party can make a road traffic accident claim. This could be: 

  • A driver in a car struck by another vehicle 
  • A passenger in a private car, bus or taxi 
  • A cyclist or motorcyclist who is hit by a vehicle 
  • A pedestrian who is hit while crossing the road 

A relative of someone involved in a fatal car accident, bringing a claim on their behalf 

Low-value vs high-value RTA claims

Road traffic accident claims valued at below £5k may be processed through the Official Injury Claim portal and don’t typically require a solicitor. 

Likewise, RTA claims involving relatively serious injuries that are valued at more than £5k are likely to be dealt with by a solicitor and involve a full litigation process.

If the driver in an RTA is untraced or uninsured, for example in a hit-and-run, you may be able to claim compensation through the Motor Insurers’ Bureau (MIB) Untraced Drivers Agreement or the Uninsured Drivers Agreement. You should seek specialist legal advice to help you proceed with this.

What to do in a road traffic accident

In the immediate aftermath of any road traffic accident, whether you’re a passenger in a car accident or injured in a bus accident, it can be difficult to know what to do first. The steps you take at the scene and shortly afterwards can help protect everyone involved, ensure the incident is properly reported and preserve information that may later support an RTA claim.

Prioritise safety and deal with any emergencies

Before you take any other steps, safety is your first priority. Stopping your vehicle and checking for injuries is number one on the list. If serious injuries are involved or the situation is a dangerous one, emergency services should be contacted/medical attention should be sought.

Exchange details and report the accident if necessary

According to the Road Traffic Act 1988, drivers involved in an accident must stop and exchange names, addresses, vehicle registration and insurance policy. 

If anyone refuses to provide details, you should report this to the police within 24 hours. You must also contact the police if: 

  1. Anyone else is injured 
  2. You suspect another driver of committing an offence 

Keep an eye out for possible evidence

Collecting some details from the scene may help you to support a future road traffic accidents claim: 

  • Photographs of the vehicles from different angles, damage, road layout, skid marks, traffic signs and weather conditions 
  • Dashcam or CCTV footage if this is available 
  • Notes of circumstances, time and location – including the make, model and colour of any vehicles involved 
  • Contact details of any independent witness(es) – best obtained by them politely and asking them whether they’re willing to provide their details 
A woman taking photographs of the damage to her vehicle after a road traffic accident
Taking photos at the scene may strengthen a future claim

Top Tip: Avoid saying anything in the moment that could be later interpreted as admitting fault.

Contact your insurance provider

Within 24 hours of the road traffic accident, you should also contact your insurance provider so that they can begin recording the incident and advising you on any next steps. Most insurers require notification of an accident regardless of who was at fault, even if you do not intend to make a claim through your own policy. Providing accurate information at an early stage can help to avoid delays or disputes later on.

How does the road accident claims process work?

The legal process after a serious road traffic accident can be lengthy and complex, whether you’re looking at pursuing a car crash injury claim or a bus accident claim. 

Often, solicitors won’t be able to tell you the full value of your road accident claim at the outset as the nature of your condition may be changing and/or the full picture of your care needs and lost earnings may still be being drawn up. This doesn’t necessarily mean that the solicitor you are in touch with is untrustworthy; if anything, honesty around the ambiguity of possible time limits is important to manage your expectations around when a claim might settle.

Getting medical evidence for an RTA claim

Solicitors will instruct medical experts to try and create a full picture of how a road traffic accident affects your health, in the short- and long-term. This may involve multiple medical experts, depending on the extent of your injuries – including whether they are polytraumatic. 

It’s important for you to keep a record of any appointments that you attend following a serious road traffic accident, as well as any prescription receipts, letters, dates of appointments, etc. 

Top tip: Keeping a pain and recovery diary with daily updates can also help to demonstrate the extent of your injury and what care and rehabilitation needs you may need to be covered in the value of an RTA compensation claim.

Finding a case manager

Case managers are appointed to help determine your needs as an injured person, providing a crucial part of valuing your claim. They often have a very important role in serious road accidents claims, as complex or serious injuries often require lots of rehabilitation (in its many forms) over a long course of time. 

A case manager may be recommended by a solicitor, insurer or sourced by a family. They will work closely with your solicitor to weigh in on this aspect of the litigation process and help to make sure that any settlement covers both your immediate and long-term care needs following the injury.

Assessing loss of earnings

In a road traffic injury claim or car crash claim, loss of earnings is assessed by comparing the income you would probably have received if the accident had not happened with what you have earned, or are expected to earn, following your injuries. This may include losses already incurred and future losses if the effects of the accident are likely to restrict your ability to return to the same role, hours or career path. 

The assessment is built from a range of evidence. A solicitor may review payslips, tax returns, accounts, employment records and information about sick pay, bonuses, pension contributions and likely career progression. 

For someone who is self-employed or whose income varies, slightly different evidence may be needed to estimate the lost earnings. 

Because recovery and work prospects may change over time, future loss of earnings may not be clear at the outset and settling before the prognosis is sufficiently established could leave the accident injury claim undervalued. 

How long does a road traffic accident claim take?

Serious or catastrophic injury claims resulting from an RTA could take years, but it depends on a variety of factors. 

An important thing to remember is that liability rarely reaches an early resolution in car crash claims or road traffic accident claims, as factors like contributory negligence can complicate the legal picture.  

The danger of settling too early is that the claimant could be under-compensated. After all, the full extent of future care needs, loss of earnings and rehabilitation cannot be properly assessed until the claimant’s condition has stabilised.

How Injury Support Services can help

The effects of a serious road traffic accident can extend far beyond the collision itself, affecting your health, independence, work and family life. A claim should therefore consider not only the injuries you have sustained, but also the rehabilitation, care, financial losses and support you may need in the future.  

Injury Support Services can help you understand the best practical support available after a serious road traffic accident, including access to specialist solicitors who have a history of dealing with RTA claims. 

If you or a family member has been seriously injured in a road traffic accident, and you’re wondering how to claim after an accident, get in touch to discuss your circumstances and the next steps available to you.

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