You claim against the insurer of the driver who was at fault, usually within three years of the accident. Minor injuries are often dealt with through the Official Injury Claim service, with or without a solicitor. Larger claims run outside it, normally with a solicitor, and if the driver was uninsured or cannot be found the Motor Insurers' Bureau handles the claim.
| Your situation | Where the claim usually goes | Worth knowing |
|---|---|---|
| Minor injury, with damages under £5,000 and total losses up to £10,000, in an accident on or after 31 May 2021 | The Official Injury Claim service, run by the Motor Insurers' Bureau for the Ministry of Justice | You can use it with or without a solicitor. Because it is a small claim, the other side does not normally pay your legal costs. |
| A more serious injury, or losses above those limits | Outside the Official Injury Claim service, under the pre-action protocols, usually with a solicitor acting | The other side can be ordered to pay a share of your legal costs, and the value of the claim is set by your medical evidence. |
| A cyclist, pedestrian, motorcyclist or horse rider | Treated differently from car occupants, with some of the small claims rules not applying | Ask which route applies before you start, because it changes who pays the legal costs. |
| The other driver was uninsured, or drove off | The Motor Insurers' Bureau, which compensates people hurt in these cases | It has its own reporting requirements. See our guide to hit and run claims. |
In more detail
Who pays when you are hurt in a road accident?
In most cases, the insurer of the driver who was at fault. Driving without insurance is against the law, so there is nearly always an insurer standing behind the vehicle that caused the collision, and a claim is made against that insurer rather than against the driver personally.
Where the driver had no insurance, or cannot be found at all, the Motor Insurers' Bureau steps in. It is funded by the motor insurance industry for exactly that purpose, and it handles claims from drivers, passengers, cyclists and pedestrians alike.
What should I do straight after a collision?
Get checked by a doctor even if you feel fine. Some injuries, whiplash in particular, can take a day or two to show, and a medical record made early is some of the best evidence you can have.
If it is safe to do so, photograph the vehicles, the road and any injuries. Take the other driver's name, address and registration number, and the contact details of anyone who saw what happened. Do not admit fault or agree a version of events at the roadside, however shaken you are.
The law puts duties on the other driver too. Under section 170 of the Road Traffic Act 1988, a driver involved in an accident that injures someone or damages another vehicle or certain property must stop and, if asked, give their name and address, the owner's details and the vehicle's registration number. If they cannot do that for any reason, they must report the accident to the police as soon as reasonably practicable and in any case within 24 hours. Failing to stop, give details or report is an offence.
If the other driver did not give you their details, report the accident to the police yourself and tell your own insurer, even if you do not intend to claim on your own policy.
Can I claim if I was partly to blame?
Yes. Sharing some responsibility for a collision does not end a claim. It usually reduces the compensation in proportion to your share of the blame. This is called contributory negligence, and it is common in road accident claims, for example where a seatbelt was not worn or a junction was misjudged by both drivers.
How long do I have to make a claim?
For a personal injury, the general rule in section 11 of the Limitation Act 1980 is three years from the date of the accident or, if later, from the date you first knew the injury was significant and attributable to someone else's fault. Different rules apply to children, and to people who lack the mental capacity to bring a claim.
Claims to the Motor Insurers' Bureau for hit and run and uninsured driver accidents have their own requirements, which can be tighter than the three year rule. If either applies, do not wait.
Court proceedings need to be started before the time limit runs out, and claims that go through the Official Injury Claim service still have to be made in time. The sooner you start, the easier it is to gather evidence while memories are fresh.
What is the Official Injury Claim service?
It is an online service for people with minor injuries from a road accident on or after 31 May 2021. It covers claims where the injury damages are under £5,000 and the total of all accident-related losses, such as lost earnings and car or property damage, is up to £10,000. It is impartial, and run by the Motor Insurers' Bureau on behalf of the Ministry of Justice. You can use it with or without a solicitor.
Claims above those limits are not handled on that service. They run under the pre-action protocols that set out the steps both sides must follow, and most people use a solicitor for them.
Cyclists, pedestrians, motorcyclists and horse riders, and some other claimants, are treated differently from car occupants. If that is you, ask which route applies before you start.
How are whiplash injuries treated?
Whiplash and other soft tissue neck, back and shoulder injuries that last up to two years are valued using a fixed tariff set by regulations under the Civil Liability Act 2018, rather than negotiated case by case. The amounts were reviewed and increased in May 2025.
The tariff applies to the injury itself. Other losses, such as lost earnings, treatment costs and travel, are claimed on top. If you are unsure whether your injury falls inside the tariff, the medical evidence is what decides it.
What can I claim for?
Compensation has two parts. General damages are for the injury itself, its pain and its effect on your life. Special damages are for the money you have lost or spent because of the accident, such as lost earnings, prescription and treatment costs, travel to appointments and damage to your belongings.
Keep receipts and payslips from day one. Special damages are proved with evidence, and a claim is only as strong as the records behind it.
How long does a road accident claim take?
A simple claim where liability is accepted and the injury has fully recovered can settle in a few months. Where liability is disputed, or the injury is still developing, it takes longer. The biggest single factor is usually your recovery: claims are normally valued once the medical outlook is clear, and settling too early risks undervaluing the injury.
Should I accept the insurer's first offer?
Not before you are sure what it covers. Insurers sometimes make an early offer that looks quick and convenient but is made before your injuries have settled or your losses are known. Once you accept a settlement it is final, and you cannot go back for more if the injury turns out to be worse.
If you are offered money within days of the accident, take advice before you reply.
Will it go to court?
Most road traffic accident claims settle through negotiation or the portal process without a court hearing. Proceedings are issued if liability is disputed, if the two sides cannot agree on value, or if a time limit is close. Even then, most cases settle before a trial.
What does it cost to claim?
That depends on the route. On the Official Injury Claim service you can claim with or without a solicitor. If a solicitor acts, we explain the funding in full, in writing, before you agree to anything, and our no win, no fee guide sets out how a conditional fee arrangement works and what happens if a claim does not succeed.
Source: About Official Injury Claim, Official Injury Claim, run by the Motor Insurers' Bureau for the Ministry of Justice, read 14 October 2026. The driver's duties are in section 170 of the Road Traffic Act 1988 and the personal injury time limit in section 11 of the Limitation Act 1980, both on legislation.gov.uk.