If you have been injured in a car accident that wasn’t your fault, you may be entitled to claim compensation. At Din Solicitors, our specialist personal injury solicitors help drivers, passengers, cyclists and pedestrians across England & Wales recover the compensation they deserve — all on a No Win No Fee basis. This guide explains how much you could claim, what your compensation covers, and how long you have to make a claim.
Can I make a car accident claim?
You can usually make a car accident claim if you were injured in the last three years and the accident was wholly or partly someone else’s fault. You don’t have to be the driver — passengers, cyclists, motorcyclists and pedestrians can all claim. You may still be able to claim even if:
- the accident was partly your fault (your compensation may simply be reduced to reflect your share of responsibility);
- the other driver was uninsured or untraced (a claim can be made through the Motor Insurers’ Bureau); or
- you were a passenger in the vehicle at fault.
How much compensation can you claim after a car accident?
Every claim is different, and the amount you receive depends on your individual circumstances. Compensation is made up of two parts:
1. General damages — for your injury
This compensates you for the pain, suffering and loss of amenity caused by your injury. The amount reflects how serious the injury is and how long it takes you to recover. As a guide, minor injuries that heal within a few months attract modest awards, while serious or permanent injuries can be worth substantially more. Solicitors and courts assess these awards using the Judicial College Guidelines and medical evidence.
For most minor whiplash and soft-tissue injuries from road traffic accidents in England & Wales, a fixed government tariff now applies under the Whiplash Injury Regulations 2021, and lower-value claims are usually made through the Official Injury Claim service. Our solicitors will tell you exactly which route applies to your case.
2. Special damages — for your financial losses
This reimburses the money the accident has actually cost you. It can include:
- lost earnings, including future loss of earnings if you can’t return to your job;
- medical treatment, physiotherapy and prescription costs;
- the cost of care and assistance, even if provided by family;
- travel expenses to medical appointments;
- vehicle damage, your insurance excess, and the cost of a replacement vehicle; and
- any other reasonable out-of-pocket expenses.
Because special damages can add up to far more than the injury award itself, it’s important to keep receipts and records wherever possible.
How long do I have to make a car accident claim?
In England & Wales you normally have three years from the date of the accident to start a claim. There are important exceptions:
- for children, the three-year period doesn’t begin until their 18th birthday, so a claim can be made up to their 21st birthday;
- where someone lacks the mental capacity to claim, time limits may not apply in the usual way.
It’s always best to seek advice as early as possible, while evidence is fresh and witnesses can be traced.
What is a No Win No Fee car accident claim?
A No Win No Fee agreement (a Conditional Fee Agreement) means there’s nothing to pay upfront and nothing to pay in legal fees if your claim is unsuccessful. If your claim succeeds, an agreed success fee is deducted from your compensation — and we explain exactly how much before you commit to anything. It’s designed to give everyone access to justice, without the worry of legal bills. You can read more about how No Win No Fee works here.
How the claims process works
- Free assessment. Tell us what happened and we’ll tell you honestly whether you have a claim.
- Building your case. We gather evidence, arrange an independent medical assessment and deal with the other side’s insurer for you.
- Negotiating your settlement. We negotiate the maximum compensation, keeping you updated in plain English throughout.
- You get compensated. Most claims settle without ever going to court.
Frequently asked questions
How long does a car accident claim take?
Straightforward claims can settle in a few months. More serious injuries take longer, because we wait until your long-term prognosis is clear so that your settlement reflects the full impact on your life.
Will I have to go to court?
The vast majority of claims settle without court proceedings. If court does become necessary, your solicitor will prepare and support you at every step.
What if the accident was partly my fault?
You can often still claim. Where you share some responsibility, your compensation is reduced to reflect your share (known as contributory negligence), but you may still recover a significant amount.
Speak to a car accident solicitor today
If you’ve been injured in a car accident that wasn’t your fault, our specialist solicitors are here to help. Get free, confidential, no-obligation advice — start your claim online or call us today. We act for clients throughout England & Wales on a No Win No Fee basis.