After a Serious Car Accident in the UK: What to Do

What should you do at the scene of a serious car accident in the UK?

Stay safe, call 999 for police and ambulance, and do not admit fault. Exchange details under the Road Traffic Act 1988, gather evidence, and if details are not exchanged report to the police within 24 hours.

• Check safety first:
  • Switch off engines, turn on hazard lights, move to a safe place if possible.
  • Call 999 if anyone is injured, if there is danger, or if the road is blocked.
• Exchange and record details (legal duty under s170 Road Traffic Act 1988):
  • Names, addresses, phone numbers for drivers, registered keepers, and witnesses.
  • Vehicle registration numbers, make, model, and colour.
  • Insurance details, policy numbers, and the insurer name.
• Do not admit fault:
  • Stick to facts. Admitting or discussing blame can harm your claim.
  • Let police and insurers determine liability using evidence.
• Gather evidence:
  • Photographs or video of vehicle positions, damage, debris, skid marks, road signs, and weather/lighting.
  • Close-ups of damage and wide shots showing context.
  • Contact details and statements from witnesses if they are willing.
  • Dashcam footage. Save and back it up immediately.
• Police reporting:
  • If anyone is injured or you do not exchange details, you must report to the police as soon as reasonably practicable and within 24 hours.
  • Ask for a collision reference number and the officer's details.
• Medical attention:
  • Accept treatment at the scene. Many serious injuries are not obvious immediately.
  • Tell paramedics and doctors every symptom, even if it seems minor.
• Critical mistakes to avoid:
  • Do not leave the scene if you are involved and it is unsafe or illegal to do so.
  • Do not move seriously injured people unless there is immediate danger.
  • Do not agree private cash settlements at the roadside.

What steps should you take in the days after a serious car accident?

Get a full medical assessment, notify your insurer promptly, and keep a written record of symptoms, expenses, and lost earnings. Contact a specialist injury solicitor early to protect evidence, secure rehab, and request interim payments.

1. See your GP or attend hospital follow-up:
   • Ask for a copy of discharge notes. Keep a record of symptoms and medication.
   • Request referrals for scans or specialists if symptoms persist or worsen.
2. Notify insurers:
   • Tell your own insurer about the accident as soon as possible in line with your policy terms.
   • If contacted by the other driver's insurer, avoid detailed statements until you have advice.
3. Preserve evidence:
   • Write a timeline while memory is fresh.
   • Save dashcam, telematics, and phone location data. Back up photos and contacts.
   • Keep damaged items like helmets, child seats, clothing, or phones.
4. Track losses:
   • Set up a simple spreadsheet or notes file for expenses, receipts, mileage to treatment, care provided by family and friends, and lost income.
   • Ask your employer for payslips and a letter confirming time off and loss of earnings.
5. Contact a specialist solicitor:
   • Choose a firm experienced in serious injury claims, catastrophic injuries, or fatal claims.
   • They can trigger the Rehabilitation Code 2015 for an Immediate Needs Assessment and push for early interim payments.
6. Repair and replacement:
   • Arrange vehicle damage assessment. Keep repair quotes and hire car invoices.
   • For write-offs, collect purchase receipts and service history to support value.
7. Social media caution:
   • Do not post about the crash, injuries, or activities. Insurers routinely review public content.

How do you start a legal claim for a serious road traffic injury in the UK?

Your solicitor will notify the at-fault insurer, collect evidence, obtain independent medical reports, and try to agree liability early. If settlement is not possible, they will issue court proceedings within the limitation period to protect your claim.

• Fault and insurer identification:
  • Use the registration to identify the insurer via the Motor Insurance Database.
  • If uninsured or untraced, claim through the Motor Insurers' Bureau (MIB).
• Pre-action protocols:
  • England and Wales: Pre-Action Protocol for Personal Injury. Serious injuries usually proceed outside the Official Injury Claim portal.
  • Scotland: Voluntary Personal Injury Pre-Action Protocol is widely used for negotiation and disclosure.
  • Northern Ireland: Pre-Action Protocol for Personal Injury Claims encourages early exchange of information.
• Rehabilitation and interim payments:
  • Rehabilitation Code 2015 supports early treatment and an Immediate Needs Assessment.
  • Interim payments can be sought once liability is admitted or the evidence is strong, to fund treatment or living costs.
• Evidence:
  • Police collision report, scene plans, and witness statements.
  • Independent medical experts for each injury, including prognosis and future care needs.
  • Engineering, accident reconstruction, or CCTV where relevant.
• Issuing proceedings:
  • England and Wales: County Court or High Court depending on value and complexity.
  • Scotland: Sheriff Court or Court of Session for high-value claims.
  • Northern Ireland: County Court or High Court based on value thresholds.
• Settlement:
  • Most serious injury claims settle after disclosure of expert evidence and before trial.
  • Settlement must consider future losses, care, and accommodation, not just pain and suffering.

How do insurance and fault work for UK road accidents?

The UK operates an at-fault system with compulsory motor insurance under the Road Traffic Act 1988. You claim against the negligent driver's insurer, or the MIB if they are uninsured or untraced.

• Establishing negligence:
  • Breaches of the Highway Code and Road Traffic Act 1988 help show fault.
  • Police decisions on prosecution are separate from civil liability, but their reports carry weight.
• Contributory negligence:
  • If you were partly at fault, compensation is reduced by your percentage share.
  • Examples: not wearing a seatbelt, excessive speed, distraction, or failing to avoid a hazard.
• Uninsured and hit-and-run drivers:
  • Motor Insurers' Bureau handles these cases under the Uninsured and Untraced Drivers Agreements.
  • You will still need evidence such as witness details, CCTV, and prompt police reporting.

Who pays if the other driver is uninsured or leaves the scene?

You can claim through the Motor Insurers' Bureau. Uninsured driver claims mirror standard claims, while hit-and-run claims have stricter evidence and deadlines.

• MIB Uninsured Drivers Agreement:
  • Personal injury limitation generally 3 years. Property damage claims follow standard time limits.
  • Compensation usually mirrors a normal insurer claim, including excess and some legal costs.
• MIB Untraced Drivers Agreement:
  • Personal injury claims usually within 3 years. Property damage has a shorter window and strict reporting requirements.
  • Police reporting is essential. Provide the incident number and witness evidence.
• Practical steps:
  • Report to police immediately and request CCTV from nearby premises before it overwrites.
  • Ask your solicitor to secure dashcam footage and traffic camera footage where available.

How is car accident compensation calculated in the UK?

Compensation includes general damages for pain, suffering, and loss of amenity, plus special damages for financial losses and care now and in the future. Serious injuries require expert evidence and often life-care planning.

• General damages:
  • Assessed using the Judicial College Guidelines and case law.
  • Serious injuries, such as brain, spinal, multiple fractures, or amputation, fall into higher guideline brackets.
• Special damages:
  • Past losses: lost earnings, travel to treatment, prescriptions, damaged items, care by family and friends.
  • Future losses: loss of career earnings, pension loss, professional care, case management, aids, adaptations, and therapy.
  • Accommodation claims: larger or adapted housing if medically required, supported by expert evidence.
• Serious injury planning:
  • Immediate Needs Assessment to set up rehab and equipment early.
  • Consider a lump sum versus periodical payments for long term care needs.
• Whiplash tariff in England and Wales:
  • For minor RTA injuries, the Civil Liability Act 2018 sets low fixed tariffs. Serious injuries sit outside these tariffs.

What are the UK deadlines to bring a road traffic injury claim?

In most cases you have 3 years from the date of the accident or date of knowledge to issue court proceedings. Different rules apply to children, those lacking capacity, and fatal accident claims.

• MIB claims:
  • Personal injury is generally 3 years. Some property damage claims have shorter time limits, particularly for untraced drivers.
• Criminal prosecution timing does not extend civil limitation. Protect your civil claim separately.

What evidence will strengthen your serious injury claim?

Independent medical evidence, a clear liability narrative, and a full accounting of your financial losses drive value and credibility. Capture records early and update them throughout your recovery.

• Liability evidence:
  • Police report and collision investigation, including any charges or cautions.
  • Witness statements, dashcam, vehicle telematics, CCTV, and scene photographs.
  • Expert reconstruction where liability is disputed.
• Causation and medical evidence:
  • Hospital records, GP notes, imaging reports, and therapy records.
  • Reports from accredited independent specialists in relevant fields.
  • Functional assessments, neuropsychology for head injuries, and pain management opinions.
• Losses and care:
  • Pay records, tax returns, and employer letters for lost earnings and career impact.
  • Care and assistance schedules, case manager notes, and receipts for equipment.
  • Architect and OT reports for housing adaptation claims.

How much will a serious injury claim cost, and who pays?

Most claimants use No Win No Fee agreements. If you win, the defendant usually pays most base legal costs and your success fee and ATE premium come from your damages, subject to caps and local rules.

• Conditional Fee Agreements:
  • England and Wales: success fee capped at up to 25% of damages for pain and suffering and past financial losses, not future losses.
  • Scotland: damages-based and success fee agreements operate under statutory caps specific to personal injury.
  • Northern Ireland: funding models vary. Ask about success fees and any uplifts.
• Costs if you lose:
  • Qualified One-way Costs Shifting (E&W) limits exposure to paying the defendant's costs, subject to exceptions like fundamental dishonesty.
  • ATE insurance can protect against adverse costs and your disbursements.

What are common mistakes to avoid after a serious car crash?

Do not admit fault, accept early low offers, or post on social media about your injuries or activities. Do not miss medical appointments, and do not give recorded statements to insurers without advice.

• Talking about blame at the scene or to insurers without legal advice.
• Accepting a quick settlement before long term prognosis is known.
• Failing to report to police or your insurer promptly.
• Not documenting symptoms, expenses, and time off work.
• Stopping treatment early or missing follow-ups that become part of your medical record.
• Repairing or disposing of the vehicle or damaged items before documenting them.

What if you were partly at fault?

You can still claim, but your compensation will be reduced by your share of responsibility. Insurers often argue contributory negligence, so evidence and expert analysis matter.

• Seatbelt non-use often attracts a 15% to 25% reduction depending on injury type.
• Speeding, distraction, or failing to keep a proper lookout can lead to percentage deductions.
• Motorcyclists and cyclists should obtain specialist representation due to unique liability issues like filtering or dooring.

How do claims differ for pedestrians, cyclists, and e-scooter riders?

The same negligence principles apply, but vulnerability and Highway Code hierarchy may influence liability. Serious injury pathways often prioritise early rehab and interim funding.

• Hierarchy of road users:
  • Drivers have greater responsibility to protect vulnerable road users under the Highway Code updates.
• Evidence focus:
  • Helmet damage, clothing reflectivity, bike lights, and carriageway design can be relevant.
  • E-scooters: rental schemes are legal with insurance; private e-scooter use on public roads remains unlawful in much of the UK, but injury victims can still pursue negligence claims.

What are the typical timelines and stages of a serious injury claim?

Simple liability cases can settle within 6 to 12 months, but complex serious injury claims often take 12 to 36 months depending on recovery and expert evidence. Your solicitor will protect limitation by issuing proceedings if needed.

1. 0 to 3 months:
   • Initial investigation, rehabilitation setup, interim payments sought, and early liability discussions.
2. 3 to 12 months:
   • Medical assessments, treatment progress, collection of financial loss evidence.
   • Liability dispute resolution and further interim payments if justified.
3. 12 to 24 months:
   • Final prognosis, expert reports on care and future needs, and settlement negotiations or issuing proceedings.
4. 24 months plus:
   • Trial preparation if unresolved. Many cases still settle before trial.

How do small claims rules affect road traffic injuries in England and Wales?

Minor RTA injury claims are routed through the Official Injury Claim service with limited legal cost recovery. Serious injuries and claims over the small claims thresholds use the standard personal injury process.

• Small claims thresholds:
  • Injury up to £5,000 for RTA injuries and total claim up to £10,000 fall in the small claims track.
  • Serious injury claims exceed these limits and usually require specialist representation.
• Whiplash tariffs do not apply to serious multi-site injuries or non-whiplash cases beyond tariff scope.

What roadside and post-crash steps are legally required in the UK?

You must stop, exchange details, and report to the police within 24 hours if details are not exchanged or if someone is injured. Failing to do so can be a criminal offence.

• Stop and identify:
  • Provide name, address, and vehicle details. Reasonable steps to locate the other party if no one is present, for example hitting a parked car.
• Police report:
  • Report as soon as practicable and within 24 hours where required.
  • Keep the incident reference for your claim and insurer.
• Insurance notification:
  • Notify your own insurer promptly per your policy terms. Late notification can jeopardise cover.

How do you protect your income and treatment after a serious crash?

Request interim payments and use the Rehabilitation Code to fund treatment, equipment, and immediate needs. Claim statutory sick pay and employer benefits, and document all losses for recovery.

• Interim payments:
  • Ask your solicitor to request interim funds for rent or mortgage, care, and equipment once liability is admitted or likely.
• Rehabilitation Code 2015:
  • Immediate Needs Assessment by a case manager to start therapy and equipment quickly.
  • Insurers often agree funding early to aid recovery and reduce long term losses.
• Work and benefits:
  • Speak to your employer about sick pay, reasonable adjustments, and phased return.
  • Check eligibility for Statutory Sick Pay, Universal Credit, or Personal Independence Payment.

When should you hire a lawyer or expert?

Hire a specialist serious injury solicitor as soon as you are medically stable. Early instruction protects evidence, secures rehab and interim payments, and prevents costly mistakes.

• Choose a firm with:
  • Proven catastrophic injury experience and access to leading medical experts.
  • Capacity to arrange case management, care, and housing assessments.
  • Transparent funding terms and success fee caps relevant to your jurisdiction.
• Red flags that you need urgent legal help:
  • Serious injuries such as head trauma, spinal injuries, complex fractures, amputation, or fatality.
  • Liability disputes, uninsured drivers, or hit-and-run scenarios.
  • Pressure to accept an early settlement or give a recorded statement.

How do you file a strong claim while staying calm and in control?

Use a simple chronological checklist and let your solicitor handle insurer communications. Focus on safety, medical care, evidence, and protecting your legal position.

At the scene

• Call 999 if anyone is hurt. Do not move injured people unless necessary.
• Do not admit fault. Exchange details and photograph the scene.
• Ask witnesses to share their contact details. Save dashcam footage.
• Report to police within 24 hours if details are not exchanged or anyone is injured.

In the days after

• Get a full medical assessment and follow treatment plans.
• Notify your insurer promptly. Decline recorded statements until advised.
• Log symptoms, expenses, and time off work. Keep receipts.
• Contact a serious injury solicitor to arrange rehab and interim payments.

The legal claim

• Your solicitor sends a letter of claim to the at-fault insurer.
• Rehab starts under the Rehabilitation Code. Interim payments fund urgent needs.
• Independent medical experts assess injuries and future needs.
• Negotiate settlement when prognosis is clear. Issue proceedings before the 3 year deadline if needed.

What do UK laws and authorities say about serious road accidents?

Core rules come from the Road Traffic Act 1988, the Highway Code, and civil procedure rules for personal injury. These set duties to insure, stop, exchange details, and compensate for negligence.

• Key statutes and rules:
  • Road Traffic Act 1988: compulsory insurance, duty to stop and exchange details, and offences.
  • Highway Code: standards of road user behaviour used to assess negligence.
  • Limitation Act 1980, Prescription and Limitation (Scotland) Act 1973, Limitation (NI) Order 1989: deadlines to sue.
  • Civil Liability Act 2018: whiplash tariffs in England and Wales for minor injuries.
  • Pre-Action Protocols for Personal Injury: early information exchange and negotiation.
  • Rehabilitation Code 2015: framework for early treatment and support.
• Motor Insurers' Bureau:
  • Uninsured and Untraced Drivers Agreements govern compensation when the wrongdoer has no insurance or cannot be identified.

How do you choose the right solicitor for a serious car accident claim?

Pick a firm with a track record in serious and catastrophic injury, transparent fees, and strong client support. Check panel memberships and ask detailed questions about strategy and funding.

• What to look for:
  • Panel accreditations such as APIL, Law Society personal injury panels, or Headway/Spinal Injuries Association.
  • Evidence of seven figure recoveries or complex case management.
  • Clear No Win No Fee terms and success fee caps for your jurisdiction.
• Questions to ask:
  • How will you secure rehab and interim payments in the first 8 weeks?
  • Which experts will you instruct and why?
  • How will you protect my benefits position and explore periodical payments?

Next steps: what should you do today?

Prioritise your health, protect evidence, and get early specialist advice. A clear plan in the first days can transform both your recovery and your claim.

1. Book or attend your medical follow up and list every symptom.
2. Write a short accident timeline and save all photos and dashcam files to cloud storage.
3. Notify your insurer in writing and keep the confirmation.
4. Contact a specialist serious injury solicitor to start rehab and request interim payments.
5. Create a simple log for expenses, mileage, and time off work.
6. Avoid discussing fault or posting on social media until your claim is resolved.