Road traffic accident small claims for property damage and uninsured drivers

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

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.

Road traffic accident small claims for property damage and uninsured drivers

Which route is right for your case

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.