LEGAL GUIDE · ENGLAND & WALES
A new report from the Victims’ Commissioner for England and Wales has revealed that many people seriously injured in road traffic accidents, and families who have lost loved ones, are not receiving the information they need about their rights to claim compensation.
The findings raise serious concerns about how victims are supported following road traffic collisions, with some unaware that pursuing a civil compensation claim is even an option.
Published in August 2026, the report, Forgotten Victims: Barriers to Justice Following a Road Traffic Collision, highlights significant gaps in the information, guidance and support available to victims navigating the aftermath of a serious collision.
For those dealing with physical injuries, emotional trauma, financial uncertainty or bereavement, a lack of clear information can make an already difficult situation even more challenging.
Know Your Rights
Injured in a road traffic accident?
You may have a right to compensation without even realising it.
Speak to NJS Law to understand your options.
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One of the most concerning findings is that some victims only discovered their potential entitlement to compensation because they personally knew a solicitor.
Others received information from family liaison officers, while some were never made aware of the civil claims process.
This lack of awareness can have serious consequences.
Following a road traffic accident, victims may face significant financial pressures, including:
Compensation can help address these losses and provide financial support for rehabilitation and recovery.
However, victims cannot make informed decisions about their legal options if they do not know those options exist.
The Victims’ Commissioner’s report identifies several barriers preventing victims from accessing compensation.
Under the Victims’ Code, eligible victims of crime have the right to receive information about compensation and how to claim it.
However, the report found that this information was not consistently provided following serious road traffic collisions.
For victims dealing with life-changing injuries or bereavement, understanding the distinction between criminal proceedings, insurance matters and civil compensation claims can be particularly difficult.
Importantly, a civil compensation claim is separate from any criminal investigation or prosecution.
A driver does not necessarily need to be criminally convicted for an injured person to pursue a civil claim.
The report also highlights concerns about the expense of pursuing compensation.
Some victims described the civil claims process as lengthy, stressful and financially burdensome.
However, many personal injury claims can be pursued through a No Win No Fee agreement, meaning eligible claimants do not normally need to pay their solicitor’s legal fees upfront.
The terms of these agreements should always be explained clearly, including any deductions from compensation, potential disbursements and circumstances where costs might still arise.
At NJS Law, we believe that concerns about legal costs should not prevent someone from seeking advice about their rights.
Another important finding concerns victims who accepted compensation settlements earlier than they believed they should have.
For some, financial pressure and the emotional burden of continuing a claim influenced their decision.
However, accepting a settlement before the full extent of an injury is understood can have long-term consequences.
Some injuries require months or even years of treatment and rehabilitation. In serious cases, the future impact on employment, mobility, independence and care requirements may not immediately be clear.
Once a claim has been settled on a full and final basis, it is generally not possible to return and request additional compensation if the condition deteriorates.
This is why obtaining appropriate medical evidence and understanding future needs can be essential before accepting an offer.
If you have been injured in a road traffic accident caused wholly or partly by another person’s negligence, you may be entitled to compensation.
The amount depends on the circumstances of the accident, the nature and severity of your injuries, and the financial consequences.
Compensation is generally divided into two categories.
General damages compensate for the pain, suffering and loss of amenity caused by an injury.
This can include physical injuries, psychological trauma and the impact on everyday activities and quality of life.
Special damages cover financial losses and expenses resulting from the accident, which may include:
For people who have sustained serious or life-changing injuries, compensation may also need to account for long-term care, accommodation, rehabilitation and future financial needs.
Don’t Miss Out
Thousands of people may be unaware of their rights following a road traffic accident.
If you’ve been injured, don’t miss the opportunity to find out whether you could claim.
The report places particular emphasis on the difficulties faced by victims of serious and fatal road traffic collisions.
These cases often involve complex medical evidence, ongoing rehabilitation needs and significant uncertainty about the future.
For example, someone who sustains a spinal injury, traumatic brain injury or multiple fractures may require extensive treatment and support before the long-term impact of their injuries becomes clear. Our specialist serious injury solicitors can help individuals and families understand their compensation options and future rehabilitation needs.
In appropriate cases, a solicitor may be able to seek interim payments from the responsible party’s insurer to help fund rehabilitation, care or immediate financial needs before the claim reaches its final settlement.
Early legal advice can also help preserve important evidence, including witness details, accident reports, CCTV footage and medical records.
Seeking advice does not mean that someone must immediately begin legal proceedings. It provides an opportunity to understand their position and make an informed decision.
In England and Wales, the general time limit for bringing a personal injury compensation claim is three years from the date of the accident, although exceptions apply.
For children, the three-year period generally begins on their 18th birthday.
Different rules may also apply to individuals who lack the mental capacity to conduct legal proceedings.
Claims arising from fatal accidents can involve different rules concerning when the limitation period begins.
It is important not to assume that an ongoing police investigation or criminal prosecution automatically extends the deadline for bringing a civil claim.
Anyone considering compensation should seek legal advice as early as possible to understand the time limits relevant to their circumstances.
Some victims may believe they cannot claim compensation because the driver responsible was uninsured or left the scene of the accident.
However, compensation may still be available through the Motor Insurers’ Bureau (MIB), which operates schemes designed to compensate eligible victims of uninsured and untraced drivers.
These claims have specific eligibility requirements, procedures and time limits.
The circumstances of the collision, available evidence and the nature of the injuries will determine the options available.
The Victims’ Commissioner, Claire Waxman, has called for improvements in the way victims of serious road traffic collisions are treated and supported.
The report makes six recommendations, including securing sustainable funding for specialist road traffic victim support services and improving access to clear information about compensation and civil claims.
It also highlights the positive difference made by dedicated family liaison officers and specialist charities when victims receive compassionate, trauma-informed support.
The findings reinforce an important principle: people affected by serious road traffic accidents should not have to discover their rights by chance.
Clear information about compensation, rehabilitation and legal support should be available when victims need it.
Understand Your Options
Not sure whether your road traffic accident qualifies for compensation?
Our personal injury solicitors can assess your circumstances and explain your options.
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At NJS Law, we understand that the consequences of a road traffic accident can extend far beyond the initial collision.
An injury can affect your health, your ability to work, your financial security and your family life.
Our team supports people pursuing road traffic accident and serious injury compensation claims, helping them understand their rights and the steps involved.
We can assist with:
Whether you have suffered a relatively minor injury or are facing life-changing consequences, understanding your rights is an important first step.
You do not need to know whether you have a valid claim before speaking to a solicitor. That is what the initial conversation is for.
If you have been injured in a road traffic accident that was not your fault, or you are seeking advice following a serious collision involving a loved one, our team is here to help.
Contact NJS Law today for a free, no-obligation consultation.
Yes. If you were injured in a road traffic accident caused wholly or partly by another person’s negligence, you may be entitled to compensation. This can include compensation for your injuries, lost earnings, medical treatment and other accident-related expenses.
Not necessarily. Some claims can be made without a solicitor, including eligible lower-value whiplash claims through the Official Injury Claim service. However, legal advice can be particularly valuable for serious injuries, disputed liability or claims involving significant financial losses.
You may still be able to make a claim, provided you are within the relevant legal time limit. In England and Wales, the general limitation period for personal injury claims is three years, although exceptions apply. It is advisable to seek legal advice as soon as possible.
Potentially, yes. The Motor Insurers’ Bureau (MIB) operates compensation schemes for eligible victims of uninsured and untraced drivers. Different rules, evidence requirements and deadlines may apply depending on the circumstances.
You should carefully consider any settlement offer before accepting it. An early offer may not fully account for ongoing treatment, future financial losses or the long-term impact of your injuries. A full and final settlement will generally prevent you from claiming further compensation for the same injury.
Many road traffic accident claims can be handled under a No Win No Fee agreement, subject to eligibility and the solicitor’s assessment. Your solicitor should explain the agreement, including any potential deductions from compensation and circumstances in which costs may arise.
Reviewed by Leanne Henton, Solicitor & Head of Personal Injury and Medical Negligence Claims at NJS Law · Last reviewed November 2026 · England & Wales. NJS Law is regulated by the Solicitors Regulation Authority (SRA No. 8006550). This article is for general information only and does not constitute legal advice. No two cases are the same and outcomes cannot be guaranteed.
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