Road traffic collision victims and the right to compensation

Victims of road traffic collisions (RTCs) are not receiving adequate information or support regarding their right to financial compensation, a report from Claire Waxman, Victims’ Commissioner for England and Wales, has found.

The Report

The report, entitled Forgotten victims: barriers to justice following a road traffic collision (the Report), highlights the number of victims of RTCs (or their families in the case of fatal RTCs) who are either uninformed about their entitlement to seek compensation, or else are left unsupported through a process which can be both lengthy and stressful. Under the Victims Code 2006, victims of crime including RTCs have the right to be informed about compensation and the claims process. This may be compensation which they are entitled to through the criminal justice system, for example the Criminal Injuries Compensation Authority, or via the civil process.

Interviews conducted with victims in 2025 revealed that whilst some victims are informed about the compensation process by their Family Liaison Officer, many victims were not informed at all. Other interviews focused on the experience of victims who brought a civil claim for compensation. Victims described how the burden of reliving the trauma of the collision combined with the stress and expense of dealing with a claim, left many victims and their families settling earlier than they otherwise would have, potentially settling at a lower value and leaving themselves and their families at a disadvantage. This seemed to be the case particularly with victims who brought civil claims via their insurance companies, rather than seeking independent legal advice.

Without the benefit of appropriate legal advice and support, victims are at risk of not obtaining the level of funds adequate to compensate them for their injuries and losses, especially where they may require future treatment, care and assistance.

The Report therefore provides six key recommendations for better supporting victims of RTCs and improving access to information about compensation, focusing on:

• Strengthening national standards, over sight and accountability in road traffic collision investigations.
• Implementing consistent, trauma informed RTC training for police officers and staff.
• Securing sustainable funding for RTC - specific victim support services.
• Rolling out direct police referrals into specialist RTC victim support services.
• Improving access to clear information on compensation and civil claims processes for RTC victims.

Read the Report in full here.

How we can help

At Leathes Prior, our Personal Injury Team are here to assist victims of RTCs who have suffered serious or catastrophic injuries to obtain compensation for their injuries, financial losses and secure crucial funds to meet their future needs including the cost of care, aids and equipment, and accommodation. Our aim is to ensure that our clients never feel alone.  Whilst any kind of civil claim can be stressful, we are on hand to provide support and advice at every step of the way, including:

• How to fund a personal injury claim
• Advice on establishing liability (fault) and gathering evidence
• Obtaining expert evidence
• Sourcing support for rehabilitation
• Advice on adaptations to housing
• Recovering financial expenses including loss of earnings and the cost of treatment, care and assistance
• Settlement negotiations

If you would like further advice on Road Traffic Collisions, please do not hesitate to contact the Leathes Prior Personal Injury Team on 01603 610911 or at info@leathesprior.co.uk.