Car accident claim process: What you need to know

If you’ve been involved in a road traffic incident, understanding the car accident claim process is essential to protect your rights and secure fair compensation. Whether it’s a minor bump or a more serious collision, knowing the steps to take can significantly impact the outcome of your personal injury claim.

Understanding the legal context of car accident claims

In the UK, car accident claims fall under the broader category of personal injury law. The basis of a claim usually hinges on proving another party’s negligence. This means demonstrating that the other driver owed you a duty of care, breached that duty, and caused your injury as a result.

Road users owe one another a duty of care that requires them to drive with the ordinary care and skill of an average motorist. Where the road user’s standard of driving falls below that of an average motorist, they will have breached this duty of care and will be liable for any accident or harm that arises as a result.

Key legislation includes:

• The Road Traffic Act 1988.
• The Civil Liability Act 2018 (relevant for whiplash claims).
• Highway Code breaches as supporting evidence of fault.

What is a car accident claim?

A car accident claim is a legal request for compensation made by an individual who has suffered injury, damage, or loss due to a motor vehicle collision. It typically includes claims for:

• Personal injuries (e.g., whiplash, fractures, trauma)
• Vehicle damage
• Loss of earnings
• Medical expenses
• Other related financial losses

Steps in the Car Accident Claim Process

1. Seek medical attention – Always prioritise health and ensure that your injuries are documented.
2. Report the accident – Notify the police (if required) and your insurer.
3. Gather evidence – Take photos, note registration numbers, witness contact details.
4. Contact a solicitor – Choose a specialist in personal injury claims.
5. Establish liability – Your solicitor will review the evidence and negotiate with insurers.
6. Obtain medical reports – These will support the value of your claim.
7. Negotiate settlement – Most claims settle out of court.
8. Go to court if needed – Rare, but necessary if fault or compensation is disputed.

Real-world case study

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.

Benefits and drawbacks of making a car accident claim

Benefits

• Access to financial compensation.
• Medical costs and loss of income covered.
• Legal guidance throughout.
• Accountability for at-fault drivers.

Drawbacks

• Potential delays in complex cases.
• Need to relive the incident through statements and assessments.
• If unsuccessful, may face limited recovery (depending on your agreement).

What happens if you’re partially at fault?

Even if you’re partially responsible, you may still claim compensation under the principle of “contributory negligence.” However, your final award will be reduced by the percentage of fault attributed to you.

Future outlook and legal changes

The Whiplash Reform Programme introduced fixed tariffs and mandatory online claims via the Official Injury Claim portal for low-value soft tissue injuries. Future updates may streamline digital access further but may also limit payouts for minor injuries.

Q&A

What is the car accident claim process in the UK?

The car accident claim process in the UK involves seeking medical help, reporting the incident, collecting evidence, contacting a solicitor, proving liability, securing medical reports, negotiating a settlement, and possibly going to court.

How long do car accident claims take?

Claims can vary significantly in length with straightforward claims taking around 6 to 12 months. Complex cases involving disputed liability or long-term injuries often take 12 months or more.

Can I claim if I was partly at fault?

Yes. Under contributory negligence rules, you can still receive compensation, but the amount of compensation you are entitled to will be reduced proportionate to your level of fault.

What documents do I need for a car accident claim?

Essential documents include medical records, police reports (if any), witness statements, photographs, and receipts for expenses incurred due to the accident.

Is there a time limit to make a car accident claim?

Yes, you generally have three years from the date of the accident to make a personal injury claim in the UK.

Get legal support

Making a claim can feel overwhelming, but with experienced help, you can protect your rights and focus on recovery. If you’ve been in a car accident, our Personal Injury Solicitors can guide you through every step.

For more detailed legal guidance, visit Citizens Advice – Personal Injuries.

Our car accident claim specialists

We understand being injured in a car accident can have significant and in some cases life-changing consequences for those involved and those close to them. Our car accident claim experts have vast experience in supporting clients with a claim when somebody else is at fault, or partly to blame for an incident. Helping them to obtain compensation to support potential loss of income or the required after-care support for life after their accident.

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. Contact us for more information.

This article was produced on the 14th May 2025 for information purposes only and should not be construed or relied upon as specific legal advice.