Road Traffic Accident Claims Guide UK 2025 — OIC Portal, Whiplash & Your Rights
If you are injured in a road traffic accident that was not your fault, you have the right to claim compensation. Since May 2021, low-value whiplash and soft tissue injury claims (under £5,000) must be made through the Official Injury Claim (OIC) portal — a government system that enables claims without a solicitor. This guide explains both routes and what to do immediately after an accident.
OIC portal (whiplash/soft tissue under £5,000): officialinjuryclaim.org.uk. Medical report via MedCo: mandatory for all OIC claims. Time limit: 3 years from accident date. MIB (Motor Insurers’ Bureau) handles uninsured and untraced driver claims. Fatal accidents: dependants may claim under Fatal Accidents Act 1976.
The OIC Portal — Step by Step
- Register and submit claim at officialinjuryclaim.org.uk. Enter accident details, describe injuries, and identify the at-fault insurer.
- Insurer acknowledges liability or disputes it within 30 business days. If liability is denied, you may need a solicitor.
- Medical report — you must obtain a medical report from an accredited MedCo provider (£200–£400 fixed fee, usually funded by the insurer). The report confirms injury type and prognosis.
- Valuation and negotiation — once you have the medical report, you can see the tariff value and negotiate with the insurer. You can submit a counter-offer if their initial offer is too low.
- Settlement or court — most cases settle. If not, the matter transfers to the Small Claims Court (no legal costs payable by the losing party, so legal fees cannot be recovered).
Whiplash Tariff Amounts 2025
| Injury duration | Tariff (whiplash only) |
|---|---|
| Up to 3 months | £240 |
| 3–6 months | £495 |
| 6–9 months | £840 |
| 9–12 months | £1,320 |
| 12–15 months | £1,840 |
| 15–18 months | £2,265 |
| 18–24 months | £3,005 |
| Over 24 months | Exit OIC — JC Guidelines apply |
Uninsured and Untraced Drivers — MIB Claims
If the driver who caused your accident was uninsured, or the accident was a hit-and-run with an untraced driver, the Motor Insurers’ Bureau (MIB) provides a safety net. Uninsured driver claims go through the MIB Uninsured Drivers Agreement; untraced driver claims go through the Untraced Drivers Agreement. Strict time limits apply (report to police within 5 days for untraced drivers; commence MIB proceedings within 3 years). Seek specialist advice for MIB claims.
Frequently Asked Questions
Yes, but your damages will typically be reduced for contributory negligence. The standard reduction for not wearing a seatbelt is 25% if a seatbelt would have prevented the injury entirely, or 15% if it would have reduced the injury severity. Courts assess this carefully and the percentage reduction depends on the extent to which the seatbelt would have changed the outcome.
An admission at the scene is not legally binding on the insurer. However, it is very useful evidence. Preserve any messages, dashcam footage, witness accounts of what was said, and accident scene photographs. If the insurer denies liability, you will need to prove fault through evidence. This is where a solicitor becomes more valuable — they can investigate and negotiate with the insurer. If the insurer continues to dispute, the claim may need to go to court.