After a UK road traffic accident you can claim general damages for your pain, suffering and loss of amenity, plus special damages for all financial losses such as loss of earnings, medical/rehab costs, travel, care and vehicle-related losses (repairs, write-off value, excess and hire). Whiplash injuries up to two years are paid using fixed whiplash tariff bands (different figures apply if your crash was before or on/after 31 May 2025). Most adults have 3 years to start a claim. Vulnerable road users (cyclists, motorcyclists, pedestrians, horse riders) don’t use the whiplash small-claims portal.
What can you claim after a road traffic accident?
1) Injury compensation (general damages)
You can recover compensation for the injury itself – your pain, suffering and loss of amenity. Courts use the Judicial College Guidelines (17th ed.) to help value non-tariff injuries.
Examples (illustrative brackets):
- Back injury, severe (i): £111,150–£196,450.
- Back injury, moderate (i): £33,880–£47,320.
- Brain injury, very severe: £344,150–£493,000.
Whiplash tariff (injuries up to 2 years)
- Accidents 31 May 2021–30 May 2025: £240–£4,345 (whiplash only), or £260–£4,975 (with minor psych).
- Accidents on/after 31 May 2025: ~15% higher, e.g. £275–£4,830 (whiplash only) or £300–£4,975 (with minor psych).
More serious whiplash lasting over two years is not tariffed and is valued using the Guidelines.
2) Financial losses (special damages)
You can claim past and future losses that flow from the crash, for example:
- Loss of earnings and future loss of earnings/earning capacity.
- Medical, physio, counselling and rehabilitation costs (the Rehabilitation Code 2015 encourages early, needs-led rehab).
- Care and assistance, paid or unpaid.
- Travel, parking, medication, aids and equipment.
- Vehicle-related damages: repairs, pre-accident value if written off, policy excess and vehicle hire where reasonable.
Credit hire: you can recover reasonable hire costs if you needed a replacement vehicle, subject to mitigation and rate/period scrutiny.
NHS charges & benefits: the defendant’s insurer must repay certain NHS treatment costs and recoverable state benefits to the government via the CRU. This happens behind the scenes and doesn’t reduce your injury award for pain and suffering.
3) Fatal accident claims
Eligible relatives can claim the statutory bereavement award of £15,120, plus dependency and funeral expenses where applicable.
Who can claim?
- Drivers and passengers, including taxi and bus passengers.
- Motorcyclists, cyclists, pedestrians and horse riders. They’re classed as vulnerable road users and are outside the whiplash small-claims regime.
Which process applies?
- Whiplash/smaller injury claims often run through the Official Injury Claim (OIC) portal when injury is up to £5,000 (and total under £10,000).
- Vulnerable road users, children, serious injuries and many non-whiplash cases don’t use OIC.
Time limits
In most cases you have 3 years from the accident (or from awareness of injury) to start court proceedings. For children, time runs from their 18th birthday.
Quick compensation estimates
- Tariff whiplash (with minor psych):
- Up to 3 months: £300; 18–24 months: £4,975 (for accidents on/after 31 May 2025).
- Non-tariff injuries (examples from JCG 17th ed.):
- Moderate back injury (i): £33,880–£47,320.
- Very severe brain injury: £344,150–£493,000.
Figures vary with medical evidence, recovery time, symptoms and impact on work/home life.
Evidence that helps
Police reference, medical records, hospital/GP notes, photos, dashcam/CCTV, witness details, receipts, wage slips, hire and repair paperwork. For families, keep funeral invoices. If a child car seat was in the crash, replace it and keep the receipt.
Special situations
- Uninsured or hit-and-run drivers: you can still claim through the Motor Insurers’ Bureau (MIB).
- Urgent needs: for serious injuries, courts can order interim payments while the case continues.
People also ask
Q1. Can I claim if I was partly at fault?
Often yes. Your compensation may be reduced for contributory negligence, but you can still recover a share.
Q2. Can I claim as a passenger against “my” driver?
Yes. Passengers can claim against the driver at fault, whether their own driver or another motorist.
Q3. Do cyclists and pedestrians use the OIC whiplash portal?
No. They’re vulnerable road users and are outside the OIC whiplash small-claims regime.
Q4. What exactly counts as vehicle losses?
Repairs or write-off value, your excess, and reasonable hire costs if you needed a replacement vehicle.
Q5. What if the other driver has no insurance or flees the scene?
You can claim via the MIB under the uninsured or untraced agreements.
How National Claims can help
Ready to check your road traffic accident compensation? We make it simple. We’ll:
- Listen and assess your claim same day.
- Arrange medical evidence and rehab early where appropriate.
- Connect you with an experienced UK road traffic accident solicitor.
- Aim for the maximum settlement, including loss of earnings, treatment, and vehicle hire/repair.
Start your free claim check now. Speak to National Claims and let us connect you with a specialist solicitor today. No jargon. No fuss. Just clear guidance and strong representation when you need it most.
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Excellent
This firm is excellent, they sorted out my car pay out and injury claim very fast, they always communicate with you all the time.
My accident case was dealt with confidence and with great result of the outcome, especially James kept me informed all the time.
I was very impressed at the way my inquiry was treated. I was listened to attentively and everything I needed to know was explained to me.
