Personal injury guide

Do I have to be told I can claim after a road accident

Nobody is formally responsible for telling you a claim exists. That is not an oversight in your case, it is how the system works, and it is worth knowing.

Short answer

No. You don't need anyone to tell you a compensation claim is available, and you don't need to know a solicitor personally to find out. A report published by the Victims' Commissioner found that many road traffic accident victims only discovered they could claim by chance, through a family liaison officer mentioning it, or because they happened to know someone in the legal profession. If neither of those things has happened to you, that doesn't mean you don't have a claim, it means nobody has told you yet.

In more detail

What did the report actually find?

The Victims' Commissioner's report looked specifically at the experience of road traffic accident victims, including families dealing with a serious or fatal collision alongside an ongoing criminal case. It found that awareness, not eligibility, was often the real barrier. Some victims were, in the report's own words, “completely unaware” that compensation was an option, while others only discovered it because they happened to know someone in the legal profession personally. Where a family liaison officer proactively signposted the compensation process, victims felt considerably more prepared. Where nobody did, they were left to find out by chance, sometimes well into a lengthy criminal justice process, or not at all.

Why does this happen?

A civil compensation claim is a separate process from any criminal case, and nobody is formally responsible for telling you it exists. Police, insurers, and even hospital staff are focused on their own part of the process, not on flagging your legal options. Family liaison officers do this well in some cases, the report found, but not consistently, and there's no single point in the process where “by the way, you may be entitled to claim” is guaranteed to be said to you.

Does this only apply to serious or fatal accidents?

No, the report focused on some of the more serious cases specifically because the stakes and the stress are highest there, but the same awareness gap applies to road accidents of any severity. Nobody automatically tells you about your right to claim after a minor collision either.

What if I've already missed the point where this would normally come up?

It's genuinely fine. There's no deadline for finding out, only a deadline for bringing the claim itself, generally three years from the accident. If you're only hearing about this now, months or even years after what happened, you may still be within time.

Source: Forgotten victims: Barriers to justice following a road traffic collision, Victims' Commissioner for England and Wales, August 2026. The quotation appears on page 67 of the report.

Common questions

Frequently asked questions

Does the three year time limit still apply if nobody told me sooner?

Yes, the time limit itself doesn't move, which is exactly why it's worth checking your position as soon as you realise a claim might be possible, rather than waiting.

I didn't have a family liaison officer. Does that mean I can't claim?

No, a family liaison officer is one route people happen to find out through, not a requirement for making a claim. Plenty of valid claims start with someone simply asking the question themselves.

Is the claims process really as burdensome as the report describes?

It can be time-consuming, paperwork, evidence, and for some people, revisiting a difficult experience. That's exactly why we handle the process itself, gathering evidence, dealing with the other side, so it isn't something you have to manage alone.

What should I do if I only just found out I could claim?

Get in touch and tell us what happened, however long ago. We'll give you a straight answer on whether you're likely to be within time and what a claim would actually involve.

Ready to find out where you stand

Tell us what happened. We'll give you a straight answer, and we won't pressure you either way.

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