Can I claim for whiplash through small claims?

No. Since 31 May 2021, whiplash claims under £5,000 must go through the Official Injury Claim portal — a separate online process under the Civil Liability Act 2018 reforms. The damages are also fixed by tariff under the Whiplash Injury Regulations 2021. Small claims is not the route.

The other driver's insurer is offering far less than my repair quote — what now?

Get a second independent quote and write to the insurer with both. If they still refuse to match, you can sue the at-fault driver directly (the insurer must indemnify them). Send a Letter Before Action giving 30 days. Most claims settle once court papers are imminent.

I was hit by an uninsured driver — can I sue them personally?

You can, but recovery is rare — uninsured drivers usually have no assets. Apply to the Motor Insurers' Bureau first; they pay valid claims. If MIB rejects (e.g. you knew the driver was uninsured), specialist advice is needed before going to court.

My car was a write-off but the insurer's pre-accident value seems too low.

Insurers use trade guides (Glass's, CAP) which are usually fair but not gospel. Get three comparable adverts (AutoTrader, eBay, dealer forecourts) for the same age, mileage, and trim. Send them to the insurer; if they still refuse, this is a small-claims dispute over valuation.

Do I need a solicitor for an RTA claim?

For personal injury — usually yes, on conditional fee terms. For property damage only — usually no. Solicitor fees are not recoverable on the small-claims track for property damage, so DIY representation is the norm.

What is the limitation period for an RTA claim?

Three years for personal injury under section 11 of the Limitation Act 1980 — running from the date of accident or date of knowledge. Six years for property damage only under section 2. Diary the deadline; missing it is fatal.

Insurer underpaying your repair claim?

When small claims is right for an RTA, when to use the Official Injury Claim portal, and when MIB applies. Property damage under £10k, uninsured drivers.

Personal injury under £5,000

Use the Official Injury Claim portal (officialinjuryclaim.org.uk) — set up under the Civil Liability Act 2018. It is free, designed for self-represented claimants, and handles whiplash and minor injuries from RTAs since May 2021.

Personal injury over £5,000

Outside the small claims limit for whiplash. Use a no-win-no-fee personal injury solicitor. Most work on conditional fee agreements with a success fee capped under the Conditional Fee Agreements Order 2013.

Property damage only (under £10,000)

If you suffered no injury — only damage to your car or its contents — small claims is the right forum. Common against uninsured drivers or insurers refusing to pay out fairly.

Uninsured driver claims

The Motor Insurers' Bureau (MIB) compensates victims of uninsured and untraced drivers under the Uninsured Drivers Agreement 2015. Apply directly to MIB before considering court action against the driver personally.

What counts as an uninsured loss

If the accident was not your fault, your own policy may cover the repair but leave you out of pocket on everything around it. Those gaps are what a small claim against the other driver is for:

— the part you paid before your insurer paid anything.
Hire or replacement transport
— what it cost to keep moving while your car was off the road, if your policy did not provide a courtesy car.
Belongings damaged in the car
— a child seat that must be replaced after any impact, a laptop, tools, a phone.
— shifts you could not work because you had no vehicle, with payslips to show the shortfall.
— on a newer car, the drop in resale value caused by a recorded repair. You will need evidence from a dealer or valuer.
Recovery, storage and reasonable travel
— the incidental costs that follow a collision.

Personal injury is different. Whiplash and other lower-value injuries from road accidents go through the Official Injury Claim service rather than a standard small claim, and injury claims carry a three-year limit rather than six. Keep the injury element separate from the vehicle and property element.

Who you actually claim against

You can name the other driver, but in practice you deal with their insurer, and you can bring the claim directly against that insurer rather than the individual. That matters when the driver stops replying: the insurer still has to engage.

If the other driver was uninsured, or drove off and was never traced, the Motor Insurers’ Bureau exists for exactly that. It operates two separate schemes, one for uninsured drivers and one for untraced drivers, each with its own time limits and its own application. Report the accident to the police as soon as you can — an untraced-driver application is much harder without a crime reference.

Be careful with credit hire. If a hire company puts you in a car at no upfront cost and then pursues the other insurer, you may still be personally liable for the bill if the claim fails or the rate is found unreasonable. Read what you sign, and keep your own record of what a like-for-like hire would have cost locally.

The evidence that decides these claims

Liability in a road traffic claim is usually decided on documents and photographs, not on who sounds more convincing. Gather at the scene if you safely can, and afterwards while memory is fresh:

Photographs of both vehicles in position before anything is moved, then the damage close up, then the wider road, signs and markings.
Dashcam footage, saved and backed up immediately — most units overwrite on a loop within days.
The other driver’s name, address, registration and insurer, and the name of the registered keeper if different.
Independent witness details. A passenger in your own car carries less weight than someone unconnected to either driver.
The police reference, if they attended or you reported it.
Repair estimates, the invoice, the hire agreement and receipts for everything you are claiming.

Expect the other insurer to argue about the rate you paid rather than whether you were entitled to hire at all. Two independent quotes for equivalent hire, obtained at the time, answer that argument before it starts.

Which route is right for your case

Different RTA claims go to different forums. Pick the wrong one and your claim can be struck out for being in the wrong court.

Step-by-step: bringing an RTA claim

Honest warning: when to refer out

Some RTA cases are too complex or too valuable for self-representation. Get specialist help if:

You suffered any personal injury — even soft-tissue or whiplash. Use the Official Injury Claim portal or a no-win-no-fee solicitor.
Liability is genuinely contested with conflicting witness accounts.
The other driver was uninsured or fled the scene — work with the MIB.
Your loss exceeds £10,000 (above the small-claims limit) — fast-track and multi-track allow recoverable solicitor costs.

This site does not provide personal-injury representation. Use Citizens Advice or the Law Society Find a Solicitor service.