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 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)
Frequently Asked Questions
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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.
- 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.
- 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.
- 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 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.