How long do I have to make a claim after a road accident?

Under the Limitation Act 1980, you have three years from the date of the accident to bring a personal injury claim and six years for a property damage claim. However, you should notify the other driver's insurer as soon as possible. Delays can make it harder to gather evidence and may affect your credibility. For claims through the Official Injury Claim portal, you should submit within the limitation period.

What can I claim for after a road accident?

You can claim for vehicle repair or replacement (if written off), personal injury compensation (general damages for pain and suffering), loss of earnings, hire car costs, medical expenses, travel costs to medical appointments, and any other reasonable losses caused by the accident. You must keep receipts and evidence for all financial losses. Personal injury compensation is assessed using the Judicial College Guidelines.

Do I need a solicitor to make a road accident claim?

For vehicle damage-only claims, you generally do not need a solicitor — you can deal directly with the insurer. For personal injury claims up to £5,000, the Official Injury Claim portal is designed for litigants in person. For more complex or higher-value claims, a solicitor is recommended. Many personal injury solicitors work on a 'no win, no fee' (conditional fee agreement) basis.

What if the other driver was uninsured or drove off?

If the at-fault driver was uninsured or untraced (hit and run), you can claim compensation from the Motor Insurers' Bureau (MIB). The MIB Uninsured Drivers Agreement covers claims against uninsured drivers, and the MIB Untraced Drivers Agreement covers hit-and-run incidents. You must report the accident to the police and submit your MIB claim within the time limits.

What is the Official Injury Claim portal?

The Official Injury Claim (OIC) portal is a government-run online system for making personal injury claims from road traffic accidents where the injury is valued up to £5,000. It was introduced in May 2021 and is designed to allow claimants to handle their own claims without a solicitor, although you can still instruct one. The portal guides you through the claims process, including obtaining medical evidence and negotiating compensation.

Free Road Accident Claim Letter Template

A road accident claim letter is a formal written notification to the at-fault driver or their insurance company setting out your claim for damages following a road traffic accident.

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your-details

Your Full Name*

Your Address*

Your Email Address

Your Phone Number

other-party

Other Driver's Insurance Company*

Insurance Company Address*

Other Driver's Name (if known)

Other Driver's Policy Number (if known)

accident-details

Date of Accident*

Time of Accident

Location of Accident*

Circumstances of the Accident*

Police Reference Number (if applicable)

Your Vehicle (make, model, registration)*

losses

Injuries Sustained (if any)

Vehicle Damage*

Losses Claimed*

letter

Date of Letter*

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[senderName] [senderAddress] [date] Claims Department [insurerName] [insurerAddress] Dear Sir or Madam, Re: Road Traffic Accident Claim Date of Accident: [accidentDate] Location: [accidentLocation] My Vehicle: [yourVehicle] I am writing to make a claim for losses arising from the above road traffic accident, in which I believe your insured was at fault. CIRCUMSTANCES OF THE ACCIDENT [circumstances] VEHICLE DAMAGE [vehicleDamage] LOSSES CLAIMED I am claiming the following losses as a result of this accident: [lossesClaimed] I reserve the right to amend or add to this schedule of losses as further expenses are incurred or as my condition becomes clearer. I request that you acknowledge this claim within 21 days and provide me with your insured's account of the accident. Please also confirm whether liability is admitted or denied. I enclose copies of any supporting documentation I currently hold and will provide further evidence as it becomes available. Please note that I am aware of my right to pursue this claim through the courts if a satisfactory settlement cannot be reached. The limitation period for personal injury claims is three years from the date of the accident under the Limitation Act 1980. I look forward to your prompt response. Yours faithfully, ___________________________ [senderName]

Important Notes

Legal Disclaimer

Road traffic accident claims in England and Wales follow the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (for claims up to £25,000) or the Pre-Action Protocol for Personal Injury Claims (for higher value claims). Under Section 151 of the Road Traffic Act 1988, a motor insurer must satisfy judgments in respect of third-party risks. The Limitation Act 1980 sets a three-year time limit for personal injury claims and a six-year limit for property damage claims. The Civil Liability Act 2018 introduced a tariff system for whiplash injuries and banned offers to settle whiplash claims without medical evidence. Since May 2021, personal injury claims up to £5,000 from RTAs are handled through the Official Injury Claim (OIC) portal. Claims for vehicle damage only can be made directly to the insurer without using the portal.

This template is provided for informational purposes only and does not constitute legal advice. For complex legal matters, we recommend consulting a qualified solicitor.

Frequently Asked Questions

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