Reviewed by Anthony Watson — Solicitor, Personal Injury; 30 years’ experience.
Compensation following a road traffic accident is intended, so far as money can reasonably do so, to address the injury and proven losses caused by the accident. It is not a fixed payment, and the value cannot be assessed properly without evidence.
This guide outlines the principal factors commonly considered in a personal injury claim in England and Wales.
Liability must first be established
Compensation is not automatic. A claimant will normally need to establish that another person breached a duty of care and caused the accident, injury and resulting loss. Evidence may include witness accounts, photographs, vehicle damage, dashcam or CCTV footage, police information and expert evidence.
Where responsibility is disputed, the parties may investigate speed, road position, visibility, signals and the conduct of each road user. If the injured person was partly responsible, compensation may be reduced to reflect contributory negligence. The precise outcome depends on the facts and evidence.
Compensation for the injury
An award for the injury itself is often called general damages. It reflects pain, suffering and loss of amenity: the effect the injury has had on the claimant’s ordinary life.
The assessment may take account of:
the nature and severity of each injury;
the treatment received and expected recovery period;
whether symptoms are temporary or permanent;
the effect on work, sleep, mobility, hobbies and daily activities;
psychological injury supported by appropriate evidence; and
any increased risk or future disadvantage caused by the injury.
Medical evidence is central. An independent expert may review the medical records, examine the claimant and prepare a report addressing diagnosis, causation, prognosis and treatment.
Financial losses and expenses
A claim may also include reasonable financial losses caused by the accident. Depending on the evidence, these may include:
past and future loss of earnings;
treatment, rehabilitation and prescription costs;
travel expenses associated with medical care;
care and assistance provided professionally or by family and friends;
damaged clothing or personal items;
reasonable equipment or accommodation needs in a serious-injury case; and
other accident-related expenditure that can be proved.
Keep payslips, invoices, receipts, bank records, appointment information and a careful schedule of losses. A claimant has a duty to take reasonable steps to limit avoidable loss, so decisions about treatment, work and expenditure should be documented carefully.
Vehicle damage and other insurance losses
The personal injury claim is distinct from the property-damage claim, although both may arise from the same collision. Repair or replacement costs, recovery and storage charges, policy excess and reasonable alternative transport costs may need to be considered. The recoverable amount will depend on liability, insurance arrangements, reasonableness and supporting evidence.
Whiplash and lower-value road traffic claims
Some lower-value road traffic injury claims may fall within the Ministry of Justice’s Official Injury Claim process. Whiplash awards can be governed by a statutory tariff, and the applicable tariff depends on the accident date and duration of the injury. Other injuries may be valued separately.
A medical report is required for a whiplash claim. Do not accept an offer simply because it arrives quickly; consider whether the medical evidence and all recoverable losses are complete.
Uninsured and hit-and-run drivers
Where the responsible driver is uninsured or cannot be traced, the Motor Insurers’ Bureau may deal with a qualifying claim under the relevant agreement. Its procedures and time requirements differ from an ordinary insured claim. Report hit-and-run incidents promptly and preserve as much identifying evidence as possible.
Interim payments and settlement
In an appropriate case, an interim payment may be available before the final conclusion, particularly where liability is admitted and there is a pressing need linked to the injury. This is not automatic.
A final settlement normally concludes the claim. Before accepting, it is important to understand the medical prognosis, future needs and full financial consequences. A settlement that later proves inadequate will not ordinarily be reopened simply because recovery took longer than expected.
Time limits still apply
In many personal injury cases, court proceedings must be commenced within three years of the accident or the legally relevant date of knowledge. Different rules may apply to children, protected parties and fatal claims. See section 11 of the Limitation Act 1980. Obtain advice early rather than waiting until the end of the limitation period.
How Qazi & Co Solicitors may assist
We can assess the available evidence, advise on liability and procedure, obtain suitable medical evidence, prepare a schedule of loss and consider whether any offer properly reflects the claim. Funding options, costs and any potential deductions will be explained in writing before instruction. No result can be guaranteed.
Important: This article provides general information only and does not constitute legal advice. The law, official guidance and applicable procedures may change. Advice on an individual matter is subject to conflict, identity and matter-opening checks and a formal retainer.
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What Compensation Can a Road Traffic Accident Claim Include?
Updated August 2026
Reviewed by Anthony Watson — Solicitor, Personal Injury; 30 years’ experience.
Compensation following a road traffic accident is intended, so far as money can reasonably do so, to address the injury and proven losses caused by the accident. It is not a fixed payment, and the value cannot be assessed properly without evidence.
This guide outlines the principal factors commonly considered in a personal injury claim in England and Wales.
Liability must first be established
Compensation is not automatic. A claimant will normally need to establish that another person breached a duty of care and caused the accident, injury and resulting loss. Evidence may include witness accounts, photographs, vehicle damage, dashcam or CCTV footage, police information and expert evidence.
Where responsibility is disputed, the parties may investigate speed, road position, visibility, signals and the conduct of each road user. If the injured person was partly responsible, compensation may be reduced to reflect contributory negligence. The precise outcome depends on the facts and evidence.
Compensation for the injury
An award for the injury itself is often called general damages. It reflects pain, suffering and loss of amenity: the effect the injury has had on the claimant’s ordinary life.
The assessment may take account of:
Medical evidence is central. An independent expert may review the medical records, examine the claimant and prepare a report addressing diagnosis, causation, prognosis and treatment.
Financial losses and expenses
A claim may also include reasonable financial losses caused by the accident. Depending on the evidence, these may include:
Keep payslips, invoices, receipts, bank records, appointment information and a careful schedule of losses. A claimant has a duty to take reasonable steps to limit avoidable loss, so decisions about treatment, work and expenditure should be documented carefully.
Vehicle damage and other insurance losses
The personal injury claim is distinct from the property-damage claim, although both may arise from the same collision. Repair or replacement costs, recovery and storage charges, policy excess and reasonable alternative transport costs may need to be considered. The recoverable amount will depend on liability, insurance arrangements, reasonableness and supporting evidence.
Whiplash and lower-value road traffic claims
Some lower-value road traffic injury claims may fall within the Ministry of Justice’s Official Injury Claim process. Whiplash awards can be governed by a statutory tariff, and the applicable tariff depends on the accident date and duration of the injury. Other injuries may be valued separately.
A medical report is required for a whiplash claim. Do not accept an offer simply because it arrives quickly; consider whether the medical evidence and all recoverable losses are complete.
Uninsured and hit-and-run drivers
Where the responsible driver is uninsured or cannot be traced, the Motor Insurers’ Bureau may deal with a qualifying claim under the relevant agreement. Its procedures and time requirements differ from an ordinary insured claim. Report hit-and-run incidents promptly and preserve as much identifying evidence as possible.
Interim payments and settlement
In an appropriate case, an interim payment may be available before the final conclusion, particularly where liability is admitted and there is a pressing need linked to the injury. This is not automatic.
A final settlement normally concludes the claim. Before accepting, it is important to understand the medical prognosis, future needs and full financial consequences. A settlement that later proves inadequate will not ordinarily be reopened simply because recovery took longer than expected.
Time limits still apply
In many personal injury cases, court proceedings must be commenced within three years of the accident or the legally relevant date of knowledge. Different rules may apply to children, protected parties and fatal claims. See section 11 of the Limitation Act 1980. Obtain advice early rather than waiting until the end of the limitation period.
How Qazi & Co Solicitors may assist
We can assess the available evidence, advise on liability and procedure, obtain suitable medical evidence, prepare a schedule of loss and consider whether any offer properly reflects the claim. Funding options, costs and any potential deductions will be explained in writing before instruction. No result can be guaranteed.
Call 020 3161 5450 or contact Qazi & Co Solicitors to discuss your circumstances.
Important: This article provides general information only and does not constitute legal advice. The law, official guidance and applicable procedures may change. Advice on an individual matter is subject to conflict, identity and matter-opening checks and a formal retainer.
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