Road Traffic Accident Claims Guide

What Is The Road Traffic Accident Claims Process?

We aim to make your compensation claim as simple as possible, so you focus on getting better.

Our lawyers will guide you through the process step-by-step, in plain English, and let you know exactly what we need from you at every stage.

We have a proven track record in securing compensation for a wide range of injuries following road traffic accidents, including:

However, your claim will follow similar steps regardless of what you're claiming compensation for.

Free Initial Consultation

The first step is to get in touch with us. You can call free on 0800 056 4110 for a free initial consultation about your case, in which we'll discuss your accident and your injuries. There's no obligation to continue with us, but we'll give you some advice on the best course of action, and whether we think you'll be able to make a claim.

At this stage, we'll also discuss whether you could fund your claim under a No Win No Fee* agreement, which means that you won't have to pay anything if your claim is unsuccessful.

Back to top

Stage One: Information Gathering

Road traffic accidents have a wide range of causes and the person or party responsible may not be immediately obvious.

If it’s not obvious and liability is in dispute, we will thoroughly investigate the causes of your accident to determine who was at fault.

The investigation could involve:

  • Getting the police report on the accident
  • Interviewing witnesses
  • Evaluating damage to your vehicle
  • Site inspections and reconstructing what happened

We'll also seek the opinion of independent medical experts to assess the extent of your injuries.

If your accident was a hit and run incident, or involved an uninsured driver, we may have to refer your claim to the Motor Insurance Bureau (MIB), which will carry out its own investigation.

This is an insurance industry-funded body set up to help people get compensation in circumstances like these. We have a proven track record of successfully claiming compensation from the MIB.

Back to top

Stage Two: Rehabilitation

If you need medical care and support, we'll identify what you’ll require both now and in the future to live independently, return to work, and recover from your injuries as best you can.

We'll work with you from the beginning of your claim to understand the support you and your family need, and how we can best help you to get it.

We consider rehabilitation to be one of the most important aspects of our service, with access to medical treatment, therapy, mobility equipment and necessary home modifications equally as important as compensation.

Our commitment to client rehabilitation has seen us become seven-time winners of the Claimant Solicitor of the Year award at the Post Magazine’s Rehabilitation First Awards.

In more complex cases we may be able to help you claim early compensation payments to help cover any expenses in the short-term. Also known as interim payments, these are payments made in advance of any final settlement. They’re only made in an agreement with your opponent, if they admit that they're responsible for your injuries.

Learn more about how we can help you gain access to rehabilitation support.

Back to top

Stage Three: Compensation

We'll work out how much compensation you'll need for your injuries, losses, and for any medical care or support you'll need.

The amount you receive will depend on a number of factors, including:

  • Your pain and suffering
  • Current and future loss of earnings from being unable to return to work
  • Medical expenses you have incurred as a result of your injury
  • Travel expenses you have incurred, either due to attending medical treatments, or due to the loss of a vehicle
  • Your care and support needs – both now and in the future
  • Modifications to your home
  • Mobility aids

If your opponent admits fault for the accident and your injuries early on in the process, you may be able to get early compensation payments, which are made to help cover any immediate expenses you have in advance of the final compensation award.

The compensation amount you receive will either be agreed with your opponent as a settlement, or decided through court proceedings.

We work hard to get an early admission of fault from your opponent to help you access early compensation payments. Most cases we handle settle out of court, but if you do have to go to court then our team will be there to support you.

In the event of a hit and run incident, or an accident that involved an uninsured driver, compensation will be decided by the Motor Insurance Bureau. If we feel the amount offered is too low, we can appeal the decision – and we have an established track record of successful appeals.

Back to top

Stage Four: Conclusion

Your claim is concluded, and you're awarded compensation if you're successful.

If your claim was funded under a No Win No Fee* agreement then our fees will mostly be paid by your opponent, with a pre-agreed portion of your compensation covering the rest. If your case is unsuccessful, you won’t need to pay anything.

Back to top

Contact Us

If you have any questions about the claims process, contact us on 0800 056 4110 for a free initial consultation.


The above information relates to the law in England and Wales.

* Subject to entering into a ‘No Win No Fee’ agreement in conjunction with our Allianz Litigate insurance policy and complying with your responsibilities under its terms.

All Scottish cases will be handled by the Scottish law firm with which we’re associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you’ll receive separate advice about what that means as well as a separate funding agreement.

Contact Us

Simply complete the form below and one of our experts will get back to you.

Prefer not to call

Use our form

© 2016 Irwin Mitchell LLP is Authorised & Regulated by the Solicitors Regulation Authority. Our Regulatory Information.