A serious car accident claim is a legal claim for compensation brought by a driver, passenger, cyclist or pedestrian who has suffered a serious injury in a road collision, funded on a no win, no fee basis and pursued against the at-fault driver’s insurer, the Motor Insurers’ Bureau, or occasionally the Criminal Injuries Compensation Authority.
Emaari Legal acts for claimants with serious and catastrophic injuries from road traffic collisions, not for minor whiplash or soft-tissue injury. Where an accident has left someone with a brain or spinal injury, an amputation, serious fractures, burns or lasting psychological harm, a solicitor can visit at home or in hospital within 24 hours if required.
What counts as a serious car accident claim?
A serious car accident claim covers injuries that go beyond the small-claims whiplash tier: brain and head injury, spinal cord injury and paralysis, amputation, serious burns, complex or multiple fractures, chronic pain conditions such as CRPS, loss of sight, and post-traumatic stress disorder or other psychiatric injury caused by the collision.
Fatal road accidents fall within this category too. Where a family member has died in a car crash, a claim can be brought under the Fatal Accidents Act 1976 for dependency losses and the statutory bereavement award, and under the Law Reform (Miscellaneous Provisions) Act 1934 for the losses the deceased would have claimed had they survived. These claims sit alongside, not instead of, a personal injury claim, and the same 24-hour visit applies to bereaved families who are often dealing with hospital, police and coroner processes at the same time.
How does a car accident claim work?
A car accident claim moves through defined stages set out in the Civil Procedure Rules’ pre-action protocol for personal injury claims, starting with evidence and ending, in most cases, with a negotiated settlement rather than a court trial.
- Evidence preservation. Photographs of the scene and vehicle damage, witness details, CCTV or dashcam footage, and the police collision report (where one exists) form the factual basis of the claim.
- Medical evidence. GP and hospital records establish the immediate injury; an independent medical examination and a prognosis report then set out the expected recovery and any lasting effects.
- Letter of claim. The solicitor sends a formal letter of claim to the defendant’s insurer, setting out how the accident happened and the injuries caused.
- Insurer response. The insurer has a defined response period under the protocol to admit or deny liability and begin investigating.
- Negotiation. Once liability is resolved, the value of the claim is negotiated between the solicitor and the insurer, using medical evidence and the Judicial College Guidelines to support the figure.
- Issue and trial. If the parties cannot agree, proceedings are issued in the County Court, or the High Court for higher-value and more complex claims, and the case proceeds toward trial unless it settles first.
Most serious car accident claims settle by negotiation before proceedings are issued, but issuing at court remains a formal step available if the insurer disputes liability or valuation.
How long after a car accident can you claim for injury?
The standard time limit for a car accident claim is 3 years from the date of the accident, under the Limitation Act 1980. Missing this limit generally prevents the claim from proceeding, subject to the exceptions below.
| Claimant | Time limit | Starting point |
|---|---|---|
| Adult with mental capacity | 3 years | Date of the accident |
| Child under 18 | 3 years | From the 18th birthday (claim can be brought up to the 21st birthday) |
| Person lacking mental capacity | Suspended | Time does not run while incapacity continues, under s.28 Limitation Act 1980 |
| Fatal accident (dependants) | 3 years | Date of death or knowledge |
| Criminal Injuries Compensation Authority (CICA) claim | 2 years | Date of the incident |
Because evidence such as CCTV footage and witness recollection deteriorates quickly, starting a car accident claim well within the time limit, rather than at the deadline, protects the strength of the evidence.
How much does a car accident claim cost?
Car accident claims at Emaari Legal are handled on a no win, no fee basis under a Conditional Fee Agreement, so funding is not a barrier to starting a claim. Where a claim succeeds, the law caps the success fee at 25% of the damages for pain, suffering and loss of amenity plus past financial losses, and does not touch damages for future loss.
Some claimants already hold before-the-event legal expenses insurance through a motor or home policy, which can be checked during the free consultation as a possible funding route alongside a Conditional Fee Agreement. The free consultation itself carries no cost and no obligation to proceed.
How much do you get for a car accident claim?
Compensation for a serious car accident claim is assessed in two parts: general damages for the injury itself, and special damages for the financial losses it causes. There is no fixed figure; the amount depends entirely on the injury, its severity, and the claimant’s individual losses.
- General damages compensate pain, suffering and loss of amenity, valued by reference to the Judicial College Guidelines and the medical prognosis.
- Special damages compensate financial losses: loss of earnings, care and assistance, rehabilitation, medical treatment, and adaptations to a home or vehicle.
A claim for a spinal injury with lasting paralysis will be valued very differently from a claim for a complex fracture that heals within a defined period, because the guidelines and the medical evidence, not a standard tariff, determine value in each case.
Can you claim after a car accident if you lack mental capacity?
Yes. Where a serious car accident has left a claimant unable to manage their own affairs, a family member or a court-appointed deputy can bring the claim on their behalf, and the Limitation Act 1980 suspends the usual 3-year time limit while the incapacity continues. This protects claimants with catastrophic brain or spinal injuries who cannot instruct a solicitor themselves in the aftermath of the collision.
What about safety, injury severity and long-term effects?
The severity of a car accident injury, not the make or safety rating of the vehicle involved, determines whether a claim falls within Emaari Legal’s serious injury remit. Modern vehicle safety features can reduce the risk of minor injury, but serious collisions still cause life-changing harm: traumatic brain injury, spinal damage, complex fractures and psychiatric injury including PTSD.
Long-term effects are assessed through the same medical evidence used to value the claim: hospital records document the initial injury, an independent medical examination records the current position, and a prognosis sets out whether and how far recovery is expected. Where recovery is uncertain, special damages can include future care, rehabilitation and adaptations, not just losses already incurred.
Who can bring a passenger injury claim?
A passenger injury claim is brought by anyone hurt as a passenger in a car, regardless of who caused the accident, because a passenger owes no duty of care to other road users and cannot be held responsible for the collision. This applies whether the driver of the passenger’s own vehicle, or the driver of another vehicle, was at fault.
Where the passenger’s own driver caused the accident, the claim is made against that driver’s insurer in the usual way; motor insurance exists precisely to cover this situation. Passengers, drivers, cyclists and pedestrians all follow the same claim process described above, with the same time limits and the same no win, no fee funding options.
What if the other driver was uninsured or cannot be identified?
Where no insurer can be traced, or the driver responsible cannot be identified, a claim can be pursued against the Motor Insurers’ Bureau instead of an insurance company, using the same evidence of the accident and injury gathered for any other car accident claim. This route exists specifically because road traffic law requires drivers to hold insurance, and the Motor Insurers’ Bureau steps in when that requirement has been breached or ignored.
Do you need car crash solicitors, or can you claim alone?
A serious car accident claim can be brought without a solicitor, but insurers investigate liability and valuation, and gathering medical evidence, applying the Judicial College Guidelines correctly, and meeting the pre-action protocol deadlines requires legal knowledge that most claimants do not have. Car crash solicitors handle the evidence gathering, the letter of claim, negotiation with the insurer, and, if needed, issuing proceedings in the County Court or High Court, so the claimant can focus on recovery rather than correspondence with an insurer.
Emaari Legal is authorised and regulated by the Solicitors Regulation Authority and holds the Law Society Personal Injury Accreditation, and is a member of the Motor Accident Solicitors Society (MASS), credentials that specifically support serious road traffic injury work of this kind.
Motorcycle and other road traffic accidents
Car accident claims sit alongside other serious road traffic injury claims that follow broadly the same legal process but involve different risk factors and evidence. Riders injured in a collision are covered separately under motorcycle accident claims, reflecting the distinct injury patterns and liability issues that motorcycle collisions raise.
The wider rules for every road case sit on the road traffic accident claims page.
Riders are covered separately on the motorcycle accident claims page, the uninsured and untraced driver rules are on the uninsured driver claims page, and how any award is calculated is explained under personal injury compensation amounts.
Frequently Asked Questions
How much do you get for a car accident claim?
There is no standard figure; compensation depends on the injury’s severity and the claimant’s financial losses, assessed through general damages under the Judicial College Guidelines and special damages for losses such as earnings, care and rehabilitation.
How long after a car accident can you claim for injury?
The standard time limit is 3 years from the date of the accident under the Limitation Act 1980, extended for children (to the 21st birthday) and suspended for claimants who lack mental capacity while that incapacity continues.
What is the process of claiming for a car accident?
The process runs from evidence gathering and medical assessment, through a formal letter of claim to the insurer, negotiation over liability and value, and, where needed, issuing proceedings in the County Court or High Court for settlement or trial.
Should I pay for car damage myself or claim through insurance?
Vehicle damage is usually dealt with through the motor insurance claim rather than the personal injury claim; a car accident claim for injury runs alongside, but separately from, any vehicle repair claim, and a free consultation can clarify how the two interact in a specific case.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Call for a free consultation about your serious car accident claim.
“No win, no fee” means we act under a conditional fee agreement: if your claim does not succeed you do not pay our fees, subject to the agreement’s terms. If your claim succeeds, a success fee is deducted from your compensation, capped by law at 25% of the damages awarded for your pain, suffering and past losses, and you may be liable for certain costs in some circumstances. We explain the full terms, including any insurance you may need, before you sign anything.
About this page. This page provides general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice; the right course of action always depends on the specific facts of your situation, and the law may have changed since this page was last reviewed. Strict time limits apply to personal injury claims, usually three years from the date of the accident or the date you first knew your injury was linked to it, with important exceptions (for example for children and for people who lack mental capacity). If you think you may have a claim, take advice as early as possible. For advice about your own circumstances, contact Emaari Legal on 0330 441 6754. Emaari Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 8007172).