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Road Traffic Accidents — No Win No Fee

England & WalesLast reviewed 18 September 2026

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 different processes according to injury type and value. Some low-value whiplash claims use the Official Injury Claim portal; other claims use the applicable pre-action protocol. Many solicitors offer CFAs, while QOCS cost protection remains qualified and case-specific.

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)

Specific Types of Road Traffic Claim

Motorcycle Accident Claims UK

A motorcyclist injured by another road user's negligence can claim compensation from that driver's insurer.

Read more

Pothole Claims UK

A pothole claim is brought against the highway authority, usually the council, for failing to maintain the road.

Read more

Uninsured and Untraced Driver Claims

If a driver who injured you had no insurance, or cannot be identified, you may still be compensated through the Motor Insurers' Bureau (MIB), which…

Read more

Bus Accident Claims UK

If you are injured on a bus or by one, you can claim against whoever was at fault: usually the bus operator's insurer, or another driver's.

Read more

Taxi Accident Claims UK

A taxi or private hire passenger injured in a crash can claim from the insurer of whichever driver was at fault, often the taxi's own insurer if th…

Read more

Passenger Accident Claims UK

A passenger injured in a car crash can claim from the insurer of the driver who was at fault, including the driver of the car they were in.

Read more

Frequently Asked Questions

Can I claim for a road traffic accident on no win no fee?

Yes. Road traffic accident (RTA) claims are the most common type of no win no fee case in the UK. Most solicitors offer Conditional Fee Agreements (CFAs) for RTA claims, meaning you pay no solicitor fees if your claim is unsuccessful.

What is the Official Injury Claim (OIC) portal?

The OIC portal is an online system introduced in May 2021 for low-value personal injury claims arising from road traffic accidents. It handles claims valued up to £5,000 where the injury occurred on or after 31 May 2021. Claimants can represent themselves or use a solicitor.

What are the whiplash reforms?

The Whiplash Injury Regulations 2021, part of the Civil Liability Act 2018, introduced a tariff system for whiplash and soft tissue injuries lasting up to 2 years. Compensation is fixed: for example, an injury lasting up to 3 months attracts a tariff of £240, while a 2-year injury attracts £4,215.

How long do I have to claim after a road accident?

The limitation period for personal injury claims arising from road traffic accidents is 3 years from the date of the accident (or date of knowledge). For children, the 3-year period begins on their 18th birthday. Claims under the MIB for untraced drivers must be made within 3 years.

What if the other driver is uninsured?

If the at-fault driver is uninsured or untraced (hit-and-run), you can claim through the Motor Insurers' Bureau (MIB). The MIB operates two schemes: the Uninsured Drivers Agreement (for identified but uninsured drivers) and the Untraced Drivers Agreement (for hit-and-run accidents).

You May Also Be Interested In

Personal Injury

Overview of personal injury no win no fee claims.

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What Is No Win No Fee?

Complete guide to CFAs in the UK.

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Fatal Accidents

Fatal road accident claims under the Fatal Accidents Act.

Read more

QOCS Explained

Cost protection for personal injury claimants.

Read more

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.