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If you have been involved in a road traffic collision, understanding car accident claims is essential for anyone seeking compensation for injuries or damages. For tailored legal advice, Fosters Solicitors’ Personal Injury Solicitors provide support throughout the process of making a car accident claim in England and Wales.
The process for car accident claims can appear daunting, especially when dealing with injuries or ongoing medical needs. Knowing your rights and the steps required to bring a claim is the first stage toward securing appropriate compensation. In this guide, we will cover every key aspect, from understanding your legal entitlement, to practical steps for evidence collection and negotiation.
A car accident claim is a legal process by which individuals seek compensation after suffering injuries or losses in a road traffic collision. Under the laws of England and Wales, car accident cases generally require proof that another driver (or party) was at fault, either through negligence or breach of duty of care. This process can involve car accident compensation claims, damage to property, loss of earnings, and expenses related to medical care.
The general limitation period for bringing such a claim in England and Wales is three years from the date of the accident, as stipulated by the Limitation Act 1980. However, exceptions apply for children and those lacking mental capacity.
There are several types of car accident claims you may be able to bring, including:
Each type of claim follows its own evidential and procedural requirements, but all rely on demonstrating that another party was at fault. For more detailed legal context, see the Limitation Act 1980 which governs the time you have to bring a claim.
Proving liability is central to car accident injury claims. This involves demonstrating that another road user owed you a duty of care, breached that duty, and caused your injury. Typical evidence includes:
Expert legal advice is vital, especially in cases of disputed liability or where contributory negligence is alleged (where both parties are partly at fault).
When bringing car accident personal injury claims, you may be able to claim for a range of losses:
| Type of Loss | Examples |
|---|---|
| General Damages | Pain, suffering, and loss of amenity (physical/mental) |
| Special Damages | Loss of earnings, medical expenses, care costs, travel costs |
| Future Losses | Ongoing medical treatment, future loss of earnings |
| Property Damage | Car repair/replacement, personal property damaged in the accident |
A well-prepared claim will set out all losses and provide evidence for each item claimed. Legal specialists will advise you about the appropriate value of your claim by referencing guidelines such as those published by the Judicial College.
In general, car accident compensation claims must be started within three years from the accident date. Notable exceptions include:
If you are unsure whether you are still within time to bring a claim, seek legal advice promptly.
For those seeking to maximise compensation in claims for car accident injuries, the following steps are crucial:
Well-documented evidence is the strongest foundation for negotiating the best possible settlement with insurers.
Michelle was driving along a B road in Norfolk when a car heading in the opposite direction swerved onto her side of the road and caused a head-on collision. Michelle was taken to hospital and diagnosed with whiplash-style injuries as well as injuries to her ribs and sternum.
Fosters Solicitors’ Personal Injury team were instructed by Michelle on a no-win-no-fee basis to obtain compensation. The accident had left Michelle not only with physical injuries, but with travel anxiety which affected her ability to continue to work. We helped support Michelle through the claim process to achieve compensation of £100,000, which will support her financially as she enters early retirement.
Find out more about Michelle’s case.
Leading solicitors advise that the following factors are vital for successful car accident injury claims:
Fosters Solicitors’ Personal Injury team are here to provide support and advice on road-traffic injury claims. We understand you will want to know how we can assist, so we offer a free of charge no obligation first meeting or chat, which we follow up with a full letter of advice. If you are in any doubt as to whether you have a claim, please do contact us, again completely without obligation. We are also able to discuss how you can cover the cost of a claim, including through a no win no fee agreement.
Please call us on 01603 620508 or complete the contact form.
Car accident claims are legal actions brought by individuals injured or suffering losses in a road traffic accident, seeking compensation from those responsible.
In most cases, you have three years from the date of the accident to start a claim, but there are exceptions for children and those who lack mental capacity.
| Loss Type | Example |
|---|---|
| General Damages | Pain, suffering, loss of amenity |
| Special Damages | Medical bills, lost wages, travel |
| Future Losses | Future care or medical costs |
| Property Damage | Car repairs or replacement |
While you can represent yourself, having a solicitor significantly increases the chances of a successful outcome, especially in complex or disputed claims.
This article was produced on the 6th August 2025 for information purposes only and should not be construed or relied upon as specific legal advice.
