You will undoubtedly feel confused and overwhelmed about what to do after getting involved in a car accident. In addition to dealing with injuries or damage to your car, you also have to handle legal procedures and insurance issues within valid time limits.
So, “How long after an accident can you file a claim? Is there a time limit on claiming compensation?” These are the most common questions we typically face while managing any after-accident circumstances.
Well, the answer depends on whether you’re making a car insurance claim or filing a claim for personal injury compensation.
Explore this comprehensive guide, and learn about the time limits of these two main types of claims, what documents you’ll need, and what steps you should take to make sure your claim is valid and successful.
How Long After an Accident Can You Make a Claim? Time Limits Explained
Whether it’s a car insurance claim for the damage to your car or a personal injury claim due to a road traffic accident, a workplace mishap, or a simple slip or fall in the public realm, knowing the standard time limit for claiming is essential. It will help you get fair compensation as well as recover your post-accidental state without spending a penny from your pocket.
We need to know in the first place whether we are qualified to pursue a claim.
Am I Eligible to File a Claim?
I need to inform you that you will only be eligible to proceed with the claim if you have proof that another road user or a third party breaches their duty of care towards you and, as a result, you are suffering from injuries, or your car gets damaged.
It is our duty to care about others’ well-being while driving or using the road. That means that we have to use the roads in such a way that prevents other drivers or pedestrians from causing damage to themselves or others. That’s why all road users must abide by the Road Traffic Act 1988 and the Highway Code.
Therefore, if another road user violates any of the rules and causes you harm or injury, then you might be able to pursue a personal injury claim.
Let’s summarise and be more crystal clear. Whether you are making a personal injury claim or a car insurance claim, you have to prove that you are not the at-fault party, regardless of the situation.
What Is the Time Limit for Personal Injury Claims?
The most common types of personal injury claims we came across are due to road traffic accidents, workplace incidents, medical negligence, slips, trips, falls in public areas or business premises, or injury from defective or unsafe products.
Whatever the reason may be, all types of personal injury claims are dealt with under civil law and are governed by the Limitation Act 1980.
According to this legislation, the usual time limit for all personal injury claims, including car accident claims, is three years from the date of accident or the date you became aware of the injury.
Let’s elaborate. If you are conscious of the accident and the injury it caused, you will get three years from that date, but, if your injury or illness shows up later, the three-year deadline starts from the date of knowledge.
Legal time limit on claiming compensation:
| Type of Legal Claim | Time Limit to File |
| Road traffic accident injury | 3 years from the date of the incident, or 3 years from the date of knowledge |
| Workplace injury | |
| Slip/trip in a public place | |
| Medical negligence | |
| Criminal Injury (CICA scheme) | 2 years from the date of the crime |
What Happens If You Don’t Claim Compensation within the Time Limit?
If you don’t file a claim for compensation within three years, your claim will be “statute-barred” or “time-barred.” This indicates that the three-year “statute of limitations” for a claim for personal injury has expired.
Hence, once you are statute-barred, you can’t take legal action against another party, and you don’t usually have any other official way to get compensation.
So, if you are wondering whether I can claim for an accident after 10 years in the UK, you have already got your answer. And this type of question doesn’t actually make sense when the time limit is 3 years from the date of the accident or the date of knowledge in specific cases.
Are There Any Exceptions to the Time Limit to Claim Compensation?
Yes, there are exceptions. The time limit may vary depending on the victims’ age, situation, and condition. Check out the section below for the details.
Different Time Limits for Different Personal Accident Claims
Let’s explore the situations where the claimant may have more than 3 years to file a claim.
Injury Claims for Children
As children are not capable enough to bring a claim on their own, a guardian, parent, or other suitable legal figure can make an injury claim on their behalf. In this scenario, you will be able to file a claim any time before the child turns 18.
If no one brings a claim on behalf of the child, the child can make a claim after the 18th birthday. That means the time limit will be 3 years until the child turns 21.
Those Who Lack Mental Capacity
As per the Mental Health Act 1983, the time limit for filing a claim only starts when the mentally incapable person who was injured is no longer mentally ill. For many people, this could mean there is no time limit for filing a claim. The three-year limit won’t start until they regain mental consciousness.
The time frame will be the same if the injured party has their mental health back after waking up from a coma.
A claimant lacking mental capacity also can have a litigation person to claim on their behalf.
Industrial Disease
Setting a time limit for industrial disease claims is quite challenging due to their nature. It can take a long time for symptoms of industrial diseases or work-related injuries to show up, and it can be hard to pinpoint the exact date of knowledge.
Therefore, if you think you have a right to get compensation, you must start the court proceedings within three years of the date when you first noticed the symptoms, and when you have good reason to believe that the symptoms are caused by your work or by the negligence of a third party.
The time limit will also vary if the injured party is dead.
What is the Time Limit for Fatal Accident Claims?
If it is a fatal claim, the family will get three years from the date of death, or you can say the date of knowledge, which can be formed from the date of the inquest or a postmortem.
However, you need to know that according to the Law Reform (Miscellaneous Provisions) Act 1934, only the deceased’s estate can start a claim within the first 6 months following the deceased’s death. This claim might be on behalf of the deceased’s pain and suffering, as well as on behalf of the deceased’s dependents.
And if it is already six months and still no claim has been made on their behalf, the dependents of the deceased can claim their compensation for how the death has affected them. According to the Fatal Accidents Act 1976, the following qualify as dependents:
- Spouses, or civil partner
- Somebody who lived with the deceased for 2 years before they died as spouses
- The child of the dead person or someone who is treated as such, for example, a stepchild
- A parent of the deceased or someone who is treated like that, such as a step-parent
- The uncle, aunt, sister, brother, or cousin of the dead person
We have learned about the time limit for claiming personal injury compensation by now. But what about the insurance? Is there a time limit for claiming on car insurance as well? Let’s find the answer.
How Long After an Accident Can You Claim Car Insurance in the UK?
After a car accident you can claim for damage to your car for its repair or replacement, as well as for any damage to third-party vehicles or property.
So, what is the longest you can wait to file an insurance claim?
The car insurance claim time limit in the UK entirely depends on your insurance provider. So, you need to contact your insurance provider to find out how long after an accident you can claim on insurance.
However, we are presenting a general timeline to give you an overall idea.
| Action | Typical Timeframe |
| Report the accident to the insurer | Within 24 to 48 hours |
| Submit a formal claim | Usually within 30 to 90 days, depending on the insurer |
| Third-party claim (non-injury) | Up to 6 years, depending on contract law |
Besides, if you are injured in a car accident, you can also start a personal injury claim if it is included in your insurance policy. In that case, the time limit to start a claim for compensation is generally three years according to the Limitation Act 1980, as we mentioned earlier. However, you already know about some exceptional situations where this limitation period won’t be applied.
Well, another important matter you should note is that most car insurance policies ask you to report the accident within 24 to 48 hours, even if you don’t want to claim yet.
What Happens if You Don’t Report an Accident within 24 Hours in the UK?
If you fail to report the accident within 24 hours, it will lead to serious legal and insurance consequences, based on the nature of the accident and your obligations.
So, notify your insurer as soon as possible. Otherwise, your claim could be denied, even if you are within the filing window. Moreover, your policy could be voided, and you might lose your no-claims bonus. Additionally, you could be accused of non-disclosure as well.
Anyways, it is also a legal requirement to report the accident to the police within 24 hours. Consequences of Not Reporting can be fines of up to £5,000, penalty points on your licence (up to 10), a driving ban, criminal prosecution for “failing to stop and report an accident”, and imprisonment in severe cases, such as hit-and-run.
Now that you know the time limit on claiming compensation, it’s important to understand why we should not waste time filing a claim.
Why Should I Start My Claim As Soon As Possible?
We suggest starting your claim as soon as you recognise your injury, as it is easier to prove the direct connection between the accident and the injuries suffered.
It’s also a lot easier to find and record reliable witness testimonies and other evidence that supports your claim if you start your claim without any delay.
In most cases, you may notice your injuries right after the accident, and in the case of whiplash and soft tissue injuries, symptoms may take a few weeks to show up.
It’s usually rather simple and easy to say that the accident caused the damage in all these situations.
Should I Make a Claim for Compensation Near the Three-Year Limit?
Though the limitation period for making a personal injury claim is three years, it is actually much shorter in real-life scenarios. Most solicitors won’t take your cases that are near the three-year limit, as they have to carry out many activities, which may take months to complete.
As part of these activities, there will be a full investigation into the accident to find out who was responsible for your injuries. This could mean looking over witness statements, police reports, and other evidence. Besides, they will arrange an independent medical examination for you to evaluate your claim accurately. This can take more than six months.
So, it will be difficult to find a solicitor to work on your case if you have less than 9 months of your limitation period.
Hence, we advise you to get in touch with a solicitor as soon as possible if you have had an accident that wasn’t your fault. It will ensure you are not statute-barred and can claim the compensation you deserve.
Now, we are going to talk about one of the most important steps in the claims process, which is gathering evidence.
What Evidence Do I Need to Prove My Claim?
When you file a claim for an accident, you must prove that
- Someone else is responsible for the accident.
- How severe your injuries are.
- Whether you suffered financial losses.
If you choose to get the help of a solicitor, they will help you with this step by collecting:
- CCTV footage of the accident
- Photos of your injuries and the accident place.
- Witness statements from people who saw the occurrence.
- Medical reports that show the severity of your injuries.
- An independent medical assessment.
- Proof of any financial losses, like bank statements, receipts, or invoices.
You can contact Rapid Claim Solution for more information on claiming for a car accident. Our expert team is always here to handle the whole accident and your personal injury as well.
Claim for an Accident with a No Win No Fee Solicitor
Though you can file a claim yourself after an accident without a solicitor, especially if you have a minor injury or whiplash and a simple or low-value claim under £5,000, we still suggest you get a solicitor if you have a high-value or complex claim.
Make sure to go for a No Win, No Fee agreement. This special deal means that if you lose, you pay nothing, and if you win, your solicitor will take his success fee, which is usually 25% of your compensation. So, there are no upfront legal fees here.
Final Thoughts
How long after an accident can you file a claim? As you have already learnt about all the ins and outs of the limitation period for claiming compensation, we hope you won’t waste any time pursuing your claim and ensure a fair compensation for your losses.
FAQ
What happens if I miss the deadline for the claim?
If you miss the deadline to make a claim, there is a high chance you won’t be able to get compensation. As the Limitation Act 1980 sets legal time limits, you must have a perfect excuse not to comply.
In some situations, you can argue for an exception under this rule, but you should check with a trusted solicitor before going down that route.
How can I check if I have enough time left to claim?
Note down the accident date, add 3 years to this, and it will tell the cut-off date. For example, if you are injured on 5 July 2025, you’d have time until 5 July 2028 to issue court proceedings. This is the best way to know the time limit.
Is the deadline different for claims involving uninsured drivers or hit-and-run?
No, the deadline is the same for claims involving uninsured drivers or hit-and-run accidents.