Official Injury Claims process for Road Traffic Accidents
The following does not apply to adults without mental capacity, children, and vulnerable road users (cyclists, pedestrians, motorcyclists, horse riders, users of mobility scooters). Please click here to return to our road traffic accident information.
If you were injured in a road traffic accident on or after 31 May 2021, you can make a claim without involving a solicitor.
Legal costs will not be paid in claims where the injury is valued at less than £5,000 and the overall value of the claim, excluding vehicle related damages (i.e. repair and hire costs) does not exceed £10,000.
Claims can be made by the injured party through the Official Injury Claim (OIC) portal. The portal and guidance can be accessed here.
You will be asked to provide details about the accident and your injuries. A medical report, which will be arranged through the portal, will be required before the claim can settle.
For whiplash injuries a tariff has been introduced which will apply to injuries sustained on or after 31 May 2021. The tariff is as follows:
|Duration of injury
|Award including minor psychological injury
i.e. travel anxiety
|Not more than 3 months
|3 to 6 months
|6 to 9 months
|9 to 12 months
|12 to 15 months
|15 to 18 months
|18 to 24 months
For other injuries such as fractures the injury will be valued using the Judicial College Guidelines. The OIC should still be used where the total value of the injuries is less than £5,000 and/or the overall value of the claim does not exceed £10,000.
If you decide that you do not want to make the claim yourself you can instruct a solicitor but you would have to pay your own legal costs from the damages. A fixed fee or percentage can normally be agreed. If you are injured and suffer from ongoing symptoms for a year or more it may be financially worthwhile to enter such an arrangement. If you have been injured and continued to suffer for a year or more and would like assistance with making your claim please contact us on 01752 663295.
A word of caution – when a claim settles the award that you receive will be in full and final settlement. You will not be able to return to the other driver’s insurer for a further award if you do not make a full recovery. For that reason, we recommend that you wait to see whether you make a full recovery before settling the claim. It is possible to submit the claim and obtain a medical report and then wait and see how well you recover. Alternatively, you can simply wait and see how well you recover before starting the process. However, please note that you must settle your claim or start court proceedings within 3 years of the accident.