The Recovery Gap: Britain Knows How to React to a Crash. Not How to Recover from One

Angela Bachelor, a Partner in our Serious Injury team, explains:

"I think the key issue is that the police don't always attend a scene immediately. Most of our initial evidence is gathered from the police, so if they are not at the scene straight away, or if vehicles are moved and the situation changes, it can present a completely different picture of what occurred.

"The early evidence gathered by those involved—whether it is photographs, third-party details, or dashcam footage—really helps us in the early stages of a claim. It allows us to establish exactly what happened so we can accurately advise the client, and if there is a viable claim, progress it quickly.

"I think it is incredibly important for people to have that early evidence. I appreciate a lot of people wouldn't know to do this in the moment, which is clear from the survey data, but it can be absolutely crucial for the early stages of the claims process."

"We would always strongly advise against making any online posts whatsoever regarding an incident.

"Any posts, photographs, or comments made online can potentially be relied upon as evidence by the opposing side during litigation, which often creates severe evidential issues. Once something is published online, it is out there, and it can be legally very difficult to challenge or walk back. If a post gives the wrong impression or is simply a snapshot that doesn't represent the full picture of the incident, it causes major issues for the claim....

"To bring that to life with an extreme example: in cases of suspected fraud, someone might claim they are unable to work or walk due to their injuries, but then post photos of themselves playing football, playing with their kids, or going on a skiing holiday. The insurer will immediately point to those posts and argue that they are clearly capable of working if they can participate in those activities...

"People often don't realise that trying to maintain a certain image online can create a false impression of their recovery, which can be deeply damaging to their claim."

"When you have a client who is so psychologically injured that they can no longer get into a car—either as a driver or even as a passenger—it has a massive impact on their independence. It severely restricts their ability to go to work, access their local community, or even attend essential medical therapies and rehabilitation treatments. They become entirely reliant on family members, friends, or expensive taxi journeys just to get around, which quickly becomes financially crippling.

"There are many hidden costs that people overlook. Beyond immediate loss of earnings, long-term financial impacts can include lost pension contributions, which are highly significant over time.

"Additionally, there are immediate treatment and rehabilitation costs. This includes accommodation needs—as some individuals require alternative or adapted properties—specialist aids, equipment, and a wide array of therapeutic interventions. While people often think of standard physiotherapy, rehabilitation can encompass occupational therapy, specialist hydrotherapy, or even structured gym sessions with a personal trainer. These therapies can be ongoing and highly expensive.

"Unless a client has a claim underway to secure early funding, they simply cannot access this level of care, as the NHS can only provide a limited amount of rehabilitation."

If an injured person lacks the mental capacity to act for themselves—or if they are a minor (under the age of 18)—a 'litigation friend' must be appointed to conduct the legal claim on their behalf.

To protect and manage any compensation money, we can establish trust accounts. However, if there is a long-term lack of mental capacity, we must instruct the Court of Protection to appoint a financial deputy.

A financial deputyship is a highly complex, legally demanding, and expensive process. If the individual never regains capacity, the deputyship must remain in place for the rest of their life.

Over a lifetime, the administration costs of a deputyship can easily reach hundreds of thousands of pounds. While these costs are unavoidable due to the nature of the injuries, they are a significant burden. So, while powers of attorney exist, a court-appointed deputyship is the formal route required for severe cases...

We also regularly work with clients who still have capacity but choose to formally authorise a relative to liaise with us on their behalf. However, once court proceedings are initiated, the role must be formalised. We do this by filing a 'Certificate of Suitability' with the court, which legally confirms that the individual is appropriate to act as the litigation friend.

"I think the biggest hurdle is that people still feel an inherent barrier to claiming. Many feel deeply uncomfortable with the idea of making a claim, which stems from that negative industry stereotype. They worry that pursuing legal action will cost them a significant amount of money personally, or that it won't be worth the financial stress.

"What they often don't realise is how far-reaching a successful claim can be, particularly regarding the lifelong rehabilitation, care, and financial support it can secure. Ultimately, there is a general misconception about the true benefits of bringing a claim and how instrumental it is in helping someone recover.

"I think another common barrier is when people know the person responsible. For example, if you are an injured passenger in a car driven by a friend or relative, you might hesitate to claim because you don't want to sue them personally. People don't always understand that you are not suing the individual directly; you are claiming against their insurance policy, which is exactly what that insurance is there for.

"Another massive misconception is that people believe they must wait for the criminal justice process to finish before they can start a civil claim. Because of this, they often delay contacting a solicitor, thinking, 'I don't know if I have a case yet.' Criminal prosecutions can take several years to conclude in the current system. If victims wait for the criminal trial to end, they risk being timed out by the limitation period. The earlier we can get involved, the better, but most of the public do not appreciate that the civil and criminal processes run entirely independently."