What to Do After a Road Accident in England

For a free, confidential assessment call 0333 777 5001.

A road collision can leave you dealing with pain, treatment, time off work and a damaged vehicle all at once. Drivers, passengers, motorcyclists, cyclists and pedestrians can all be affected. This guide sets out practical steps to take after a road accident in England, the evidence that helps, and the time limits to keep in mind.

If you want to know whether you may have a claim, see our road traffic accident claims page.

At the scene

Your health and safety come first. Call 999 if anyone is hurt or the road is dangerous.

If someone is injured, the law requires a driver involved to stop and give their name and address, the vehicle owner’s details and the registration number to anyone with reasonable grounds to ask. If they do not, the accident must be reported to the police as soon as reasonably practicable and in any case within 24 hours, and insurance details must be produced where someone is injured (Road Traffic Act 1988, section 170).

If you are able to, note or photograph:

the other vehicle’s registration, make and colour;
the location, time, road layout, weather and any signs or markings;
damage to the vehicles and any visible injuries; and
the names and contact details of witnesses.

Ask whether anyone has dash-cam footage, and note any nearby CCTV cameras. Footage is often overwritten quickly.

See a doctor, even if you feel fine

Adrenaline can mask pain. Neck pain, back pain, headaches, concussion and psychological symptoms can appear or worsen over the following days. See your GP, an urgent treatment centre or A&E, and tell them how the injury happened so it is recorded.

Keep appointment letters, prescriptions and a simple diary of your symptoms, sleep and the help you need with everyday tasks.

Keep a record of your losses

Keep receipts and records of costs caused by the accident, such as:

lost earnings, with payslips or accounts;
prescriptions, treatment and therapy;
travel to medical appointments;
care and help given by family and friends; and
vehicle repairs, hire and other vehicle-related losses.

These records help show how the accident has affected you if a claim is made.

Who was responsible?

A claim usually depends on showing that another road user owed you a duty to take reasonable care, breached it and caused your injury. Examples include a driver who was speeding, distracted, too close, or who pulled out at a junction without checking.

The Highway Code can be relevant when fault is disputed. Under section 38(7) of the Road Traffic Act 1988, breaking the Code does not in itself make someone liable, but it can be relied on in court to help decide who was at fault.

If you were partly to blame, for example by not wearing a seatbelt, compensation may be reduced to reflect your share of responsibility under the Law Reform (Contributory Negligence) Act 1945. It does not necessarily prevent a claim.

Passengers are rarely responsible for a collision, and may be able to claim against the driver of the vehicle they were in, another driver, or both.

If the other driver was uninsured or drove off

You may still be able to claim. The Motor Insurers’ Bureau deals with claims involving uninsured drivers under the Uninsured Drivers Agreement 2015 and untraced (hit-and-run) drivers under the Untraced Drivers Agreement 2017. Report a hit-and-run to the police promptly, as the agreements set reporting requirements.

Whiplash and the injury tariff

Compensation for some whiplash injuries suffered by drivers and passengers in motor vehicles is set by a fixed tariff under the Civil Liability Act 2018 and the Whiplash Injury Regulations 2021. It covers qualifying injuries lasting up to two years. It does not apply to cyclists, pedestrians or motorcyclists, or to more serious injuries, which are assessed in the normal way. Our guide to whiplash compensation explains more.

Be careful with early insurer offers

Insurers sometimes make an offer before the full effect of an injury is known. Once you accept a settlement, you usually cannot go back for more if your symptoms turn out to be worse. Medical evidence about your recovery normally comes first.

Time limits

For most adult personal injury claims in England, the court time limit is three years from the date of the accident, or from the date you first knew the injury was caused by someone else’s fault (Limitation Act 1980, sections 11 and 14). For a child, the three years usually start on their 18th birthday (section 28). Different rules apply to people who lack mental capacity. Getting advice early makes it easier to secure evidence and trace witnesses.

If a collision has caused serious or life-changing injuries, our serious injury claims team can help with rehabilitation, care and support as well as the claim.

Frequently asked questions

Do I have to report a road accident to the police?

If someone was injured and details were not exchanged at the scene, a driver involved must report it to the police within 24 hours (Road Traffic Act 1988, section 170). You should also report a hit-and-run or suspected crime.