Military Road Traffic Accident Claims

Common reasons why military personnel need to make a road accident claim include:

• Unsafe military vehicles
• Lack of training to use military vehicles
• No road markings
• Driver fatigue
• No use of road traffic signs
• Poorly maintained road surfaces.

However, this list isn’t exhaustive. If you have sustained injuries in a road accident through a different cause, contact us to discuss what happened. Our specialist military lawyers will be able to advise you on whether you can claim.

If you have been injured in a road accident that wasn’t your fault while serving in the military, either as a pedestrian, driver, or passenger, you may be eligible to claim.

Many different types of vehicles can be involved in military road traffic accidents, including:

• Logistic military vehicles, such as trucks, buses, lorries and quad bikes
• Combat vehicles such as tanks
• Protected patrol vehicles, such as armoured cars
• Public transport
• Motorbikes.

If you’re a regular or reserve member of the Army, RAF, Royal Navy or a specialist unit and have been injured in a road traffic accident that wasn't your fault, you may be able to claim compensation. You could also make a claim if you have lost a loved one in a fatal military road traffic accident.

It's possible to claim for traffic accidents that happened in the UK or abroad, whether you were on or off duty. The most important factor is that the accident wasn't your fault—you could claim for an accident caused by failings on the part of the Ministry of Defence (MoD), or another party, such as another driver.

The MoD has a duty to ensure that its roads and vehicles are properly maintained, and that the correct signage is present across all military facilities. Other road users have a duty to drive safely and responsibly to avoid accidents. If this hasn't been the case, you might have a claim.

Your case for claiming compensation and accessing rehabilitation can be based on any of the following:

• Broken bones and fractures
• Sensory loss
• Organ damage
• Head, brain and spinal injuries
• Loss of limbs
• Fatal injuries.

The military must make sure you get the right medical help if you’re involved in a road traffic accident, including providing you with rehabilitation afterwards. Get in touch if this wasn’t the case—we may be able to help.

It's possible to make a claim for accidents that happened while you were both on and off duty, but the process may differ slightly.

If you were on duty, you will most likely claim against the MoD if it is found to be at fault, and responsible for your injuries as a result.

If you were off duty, who you claim against will largely depend on where and how you were injured. If you were injured while off duty, but still on a base, you may be able to claim against the MoD.

If you were off base at the time of your injury, identifying the party responsible will be a significant part of investigating your claim. It could be the driver of another vehicle, the driver of a vehicle you were in, or a local council responsible for maintaining road signs and markings.

The rules will also be different if you were injured while on leave in another country. The time limits and procedures for making a compensation claim can vary a lot around the world, so it's very important in these circumstances that you seek legal advice as soon as you can.

You have three years to make a no win no fee claim, starting from the date you were injured. If you are claiming through the Armed Forces Compensation Scheme (AFCS), you have seven years from the date of the injury.

If you were under 18 at the time of the accident, the time limit begins on your 18th birthday. This gives you until your 21st birthday to start a compensation claim.

Time limits don’t apply if you’re claiming on behalf of a loved one who can no longer make their own claim due to their injury. If you’re claiming for a loved one who lost their life, the time limit begins from the date of their death or the date you got the post mortem results.