Road Traffic Accidents — No Win No Fee
Road traffic accident claims are the most common type of no win no fee case in England and Wales. Most RTA claims are now processed through the Official Injury Claim (OIC) portal, with whiplash injuries subject to a fixed tariff under the Civil Liability Act 2018.
How Does the RTA Claims Process Work?
Direct Answer: RTA claims follow a structured process depending on value. Low-value whiplash claims (up to £5,000) go through the Official Injury Claim portal. Higher-value claims use the pre-action protocol. Most RTA solicitors work on CFAs with no upfront fees, and QOCS protects claimants from adverse costs.
Road traffic accident claims in England and Wales follow a structured process depending on the value and nature of the claim. Low-value claims (up to £5,000) for accidents from 31 May 2021 onwards are processed through the Official Injury Claim (OIC) portal. Higher-value claims follow the Pre-Action Protocol for Personal Injury Claims or, for claims between £1,000 and £25,000, the RTA Protocol (Claims Portal).
The Whiplash Reforms
The Civil Liability Act 2018 and the Whiplash Injury Regulations 2021 introduced a fixed tariff system for whiplash and soft tissue neck, back, and shoulder injuries lasting up to 2 years arising from RTAs. The tariff replaces the previous Judicial College Guidelines for these injuries:
- Up to 3 months: £240
- 3 to 6 months: £495
- 6 to 9 months: £840
- 9 to 12 months: £1,320
- 12 to 15 months: £2,040
- 15 to 18 months: £3,005
- 18 to 24 months: £4,215
An uplift of up to 20% may be applied in exceptional circumstances. Injuries lasting beyond 2 years fall outside the tariff and are valued under the Judicial College Guidelines.
The Motor Insurers' Bureau (MIB)
The MIB operates two compensation schemes for victims of uninsured or untraced drivers. Under the Uninsured Drivers Agreement, the MIB compensates victims where the at-fault driver is identified but has no valid insurance. Under the Untraced Drivers Agreement, the MIB provides compensation for hit-and-run accidents where the driver cannot be identified.
Types of RTA Claims
- Car accidents (driver, passenger, or third party)
- Motorcycle accidents
- Cyclist accidents
- Pedestrian accidents
- Bus and coach accidents
- Hit-and-run accidents (MIB claims)