Personal injury solicitors for clients throughout England & Wales
England & Wales
If you were injured as a driver in an accident that was not your fault, you may be entitled to compensation for your injuries and the losses that follow. Injury Law Specialists is a personal injury law firm acting for drivers throughout England and Wales, and our solicitors can assess your circumstances and explain whether you have grounds to claim.
We can consider claims ranging from a straightforward rear end shunt to serious injuries following a high speed collision, and we have a particular interest in cases involving significant injury, surgery or long term effects.
Yes. A driver injured in a collision caused by another road user can usually claim compensation for their injuries and financial losses, provided the other driver was at fault or shared responsibility. What matters is showing that the other driver fell below the standard of a reasonably careful driver and that this caused your injury. Injury Law Specialists offers drivers a free claim assessment so the position can be looked at before you commit to anything.
Drivers are in an unusual position after a road traffic accident. You may be dealing with your own insurer, the other driver's insurer, repair costs, a courtesy car and your injuries all at once, and each of those conversations runs on its own track. The injury claim is the part a personal injury solicitor deals with, and it is best kept separate from the motor insurance side of things.
It is also worth saying plainly that being the driver does not put you in a weaker position than a passenger. The question is simply who was responsible for the collision, and that is decided on the evidence of how it happened.
Most driver claims come from a fairly small number of situations. They differ in how fault is judged and in what evidence tends to decide the case.
The vehicle behind is usually held responsible, because a driver should be able to stop in the distance available. These cases often involve neck and back injuries, and liability is frequently admitted once the insurer has seen the evidence. Whiplash claims in this group are subject to the tariff rules that apply to lower value soft tissue injuries.
Fault in these cases turns on who had the right of way and what each driver could see. Where a driver pulled out into your path from a side road, or failed to give way at a roundabout, showing how the collision occurred is the central task. CCTV, satnav data and independent witnesses often make the difference.
These accidents tend to produce the most serious injuries, and they can involve complex questions about speed, road conditions and whether a driver crossed the centre line. We have a particular interest in claims of this kind, where long term consequences may need to be assessed alongside the injury itself.
Injuries are not always proportionate to the speed of impact. Low speed collisions can still cause genuine soft tissue damage and ongoing symptoms, although insurers often question this. What matters is the medical evidence, not the size of the dent, and a solicitor can make sure that point is properly put.
Where the driver who caused the collision did not stop, or was not insured, a claim through the Motor Insurers' Bureau may be possible. These claims work differently from an ordinary one, with their own rules, evidence requirements and reporting obligations. They are worth taking advice on quickly, because some steps have deadlines of their own.
Sometimes it is simply not clear who was at fault. If liability is denied or split, the outcome rests on reconstructing what happened. We deal with these cases regularly, and part of the solicitor's job is to test the other side's account rather than accept it as it stands.
How a road traffic accident claim turns out usually comes down to what can be shown. If you are able to gather anything in the days after the accident, it helps your solicitor considerably later on.
The accident report
The police report and reference number where the police attended, along with any notices exchanged at the scene.
Photographs and footage
Images of vehicle damage, road layout, road markings, weather and lighting, plus dashcam or nearby CCTV if it exists.
Witness accounts
Names and contact details of anyone who saw the collision, including other drivers, passengers and passers by.
Medical records
A&E attendance, GP notes, scans and any treatment received, together with a report from an independent medical expert.
Records of absence and loss
Payslips or accounts showing time off work, plus receipts for treatment, travel, care and vehicle related costs.
Vehicle and telematics data
Repair estimates or engineer reports, and any vehicle data or insurance telematics that records speed and impact.
Not all of this will exist in every case, and you should not worry if you have none of it. Tell your solicitor what you do have and they can work out what else can be obtained, including from the other driver's insurer.
Compensation in a road traffic accident claim is usually split between the injury itself and the financial consequences of the accident. The two are assessed separately.
Pain, suffering and effect on life
The injury itself, how severe it is, how long it lasts and how it affects work, sleep, hobbies and day to day life.
Loss of earnings
Pay already lost through time off work, and future loss where the injury affects what you are able to earn.
Treatment and rehabilitation
Physiotherapy, private treatment, surgery and rehabilitation where these are needed and evidenced.
Care and assistance
Help with household tasks, gardening, DIY or personal care that you could manage before but cannot now.
Vehicle and travel costs
Repair costs, a replacement or hire vehicle where appropriate, and the cost of travelling to treatment or appointments.
Future expense
Aids, equipment, adaptions and other costs likely to arise in future, where they can be properly supported.
This is one of the questions drivers ask most often, usually with some embarrassment. It does not end a claim. English law recognises that two people can both contribute to a collision, and where that happens your compensation is reduced by your share of the responsibility rather than refused altogether.
In practice, a 25% reduction means recovering 75% of the value of the claim. What the split should be is often disputed, and it is one of the areas where having a solicitor acting for you changes the outcome. An insurer will argue for a larger reduction than the evidence supports if nobody pushes back.
Failing to wear a seatbelt is a common example. It does not mean the accident was your fault, but it may reduce the compensation for injuries that a belt would have prevented or lessened.
Suitable personal injury cases may be accepted under a Conditional Fee Agreement, commonly called a No Win, No Fee agreement. Acceptance depends on an assessment of liability, evidence, prospects of success and the funding arrangements available.
If the claim succeeds, a success fee may be payable. The amount and how it is calculated is explained before you decide whether to proceed, so there is no uncertainty about the position later.
How No Win, No Fee worksIt is reasonable to ask what you are getting for instructing a lawyer rather than dealing with the insurer yourself. In a driver's claim, the practical answer is this.
Establishes who was at fault
Your solicitor looks at how the collision happened, gathers the evidence and builds a clear picture of where responsibility lies, including where the other side denies it.
Obtains the medical evidence
An independent medical expert is instructed to examine you and report on the injury, its severity, your prognosis and any treatment still needed.
Quantifies the losses
Earnings, treatment, care, travel and future costs are calculated and supported with evidence, so that nothing recoverable is left out of the claim.
Deals with the insurer
Correspondence, negotiations and any arguments about liability or the level of compensation are handled for you, rather than landing on your doorstep.
Pursues the claim if needed
If a fair settlement cannot be agreed, court proceedings can be issued. Most claims settle long before a hearing, but the option is there when it is needed.
Keeps you informed
You should know where your claim stands at each significant stage. We aim to keep clients updated by whichever method of contact suits them.
If you would like to understand the process in more detail, our page on how our solicitors help sets out each stage from first enquiry to resolution.
In most cases yes, provided the other driver was at fault or shared responsibility for what happened. You would need to show that they owed you a duty to drive with reasonable care, that they fell below that standard, and that their driving caused your injury and losses. A free assessment is the quickest way to find out whether you have grounds.
You may still be able to claim. If you contributed to the accident, your compensation is usually reduced to reflect your share of responsibility, a principle known as contributory negligence. Something like failing to wear a seatbelt, or a partial view at a junction, does not necessarily end a claim, but it will be taken into account. A solicitor can assess how much difference it is likely to make.
For most road traffic accident claims in England and Wales, the limitation period is three years from the date of the accident, or from your later date of knowledge where that applies. There are exceptions, including for children and for people who lack mental capacity to manage their own affairs. Because the deadline can arrive sooner than people expect, it is worth taking advice early.
Compensation usually has two parts. The first covers the injury itself, including pain, suffering and the effect on your daily life. The second covers the financial losses caused by the accident, such as lost earnings, treatment and rehabilitation costs, care and assistance, travel, vehicle-related losses and future expenses where they can be evidenced.
You may still be able to claim. Where the driver cannot be traced, or was uninsured, a claim can sometimes be made through the Motor Insurers' Bureau, which exists to compensate victims in exactly these situations. These claims have their own rules and time limits, including a requirement to report the incident to the police for untraced driver claims, so early advice matters.
Most road traffic accident claims settle without anyone going to court. The work is usually done through correspondence and negotiation with the other driver's insurer. Court proceedings are sometimes issued where liability is disputed or a fair settlement cannot be agreed, but even then the majority of cases resolve before a hearing takes place.
You should always seek medical attention if you are injured, both for your own health and because medical records form part of the evidence. That said, you do not need a diagnosis in hand before contacting a solicitor. If you have not seen anyone yet and your symptoms are ongoing, do so, and mention that the injuries followed the accident.
Yes. Injury Law Specialists acts for drivers throughout England and Wales. Most clients deal with us by telephone, email, WhatsApp or video call, and documents can be signed electronically. A claim is usually brought in the court covering the place where the accident happened, rather than where you live, and that is something your solicitor handles.
Injury Law Specialists is a marketing and advertising platform and is not a law firm or a provider of regulated legal services. All personal injury legal advice, legal services, casework, representation, legal support, and any free initial assessment or consultation promoted or arranged through Injury Law Specialists are provided by MB Solicitors, a trading name of MB Legal Solicitors Ltd.
MB Legal Solicitors Ltd is a company registered in England and Wales under Company Number 12281731. The firm is authorised and regulated by the Solicitors Regulation Authority (SRA) under SRA ID 8000764 and is a member of The Law Society. Injury Law Specialists does not itself provide legal advice or carry out reserved legal activities. Any solicitor-client relationship arising from an enquiry will be directly between the client and MB Legal Solicitors Ltd.
Read our Regulatory InformationTell us what happened and a member of our team can review your circumstances and explain the possible next steps. The assessment is free, there is no obligation to instruct us, and you will be speaking to someone who deals with these claims regularly.
