If you’ve been injured in an accident that wasn’t your fault, it can feel overwhelming. You might be in pain. You may be off work. And you’re probably wondering what happens next.
The personal injury claims process in 2026 can look slightly different depending on the type of accident, the severity of your injuries and whether responsibility is disputed. Some road traffic accident claims go through an online portal. Many other claims are still handled directly by a solicitor.
This guide explains the personal injury claims process 2026 step by step, so you know what to expect and where you stand.
This guide provides general information only, not legal advice.
At a glance
The main steps
- Get medical help and report the accident
- Collect evidence
- Get advice and check no win, no fee
- Start the claim via the OIC portal or a solicitor
- Liability and medical report
- Negotiate settlement or court if needed
Timeline
- Straightforward claims are usually resolved more quickly
- Disputed or complex claims often take longer
- You usually have three years to start a claim (with some exceptions)
Do I need to use the Official Injury Claim portal in 2026?
The Official Injury Claim (OIC) portal is a government-backed online system used for low-value road traffic accident (RTA) injury claims, where the main injury is whiplash.
It was introduced so some people can bring straightforward claims without using a solicitor. However, it does not apply to every injury claim.
The OIC portal is usually used for:
- Road traffic accidents
- Minor injuries
- Lower-value, relatively straightforward claims
A solicitor-led claim is often better for:
- Workplace accidents
- Slips, trips and public liability claims
- Serious or long-term injuries
- Disputed fault
- Multiple injuries or complex financial losses
Even if your claim is technically eligible for the OIC portal, you don’t have to navigate it alone. Many people choose to speak to a solicitor for guidance, especially if they’re unsure which route is right for them.
Not sure where your situation fits? We’re here to help.
The personal injury claims process in 2026: step by step
While every case is different, the personal injury claims process in 2026 generally follows these stages.:
Step 1: Seek medical help and report the accident
Your health comes first.
Get medical attention from your GP, hospital, walk-in centre or A&E. Your medical records will support your recovery and create independent evidence linking your injuries to the accident.
You should also report the accident:
- At work — Record it in the accident book
- Shopping centre/public place — Report it to the manager or owner
- Road traffic accident — Report to the police where appropriate
This creates a clear, dated record of what happened.
Step 2: Gather evidence
If you’re able to, try to collect evidence as early as possible. It becomes harder to obtain later.
Helpful evidence includes:
- Photos of the scene and hazards, plus your injuries
- Witness names and contact details
- CCTV/dashcam footage
- Receipts for expenses
- A simple diary of your symptoms and recovery
This evidence helps show both how the accident happened and how it has affected you.
Step 3: Seek initial advice and look into no win, no fee
Most personal injury solicitors offer a free initial conversation about your situation.
A no win, no fee arrangement (also known as a Conditional Fee Agreement) means:
- No upfront legal fees
- No legal fees to pay if the claim is unsuccessful
If your claim succeeds, a success fee is deducted from your compensation. This will be clearly explained before you agree to proceed. Terms apply, and the exact structure depends on your individual circumstances.
Your solicitor will also check whether you have legal expenses insurance attached to a home or motor policy.
Step 4: Starting the claim
There are two main ways to formally begin a claim:
- Letter of Claim — A formal letter sent to the at-fault party explaining what happened and why they are legally responsible.
- OIC portal submission — Usually used for eligible road traffic and whiplash-type claims.
Claims are governed by the Pre-Action Protocol, which is a set of rules designed to encourage both sides to share information and try to resolve the matter without court proceedings.
Step 5: Liability investigation and medical evidence
Liability means deciding who was at fault.
Insurers investigate using the available evidence, accident reports and witness statements. During this stage, you’ll usually attend an independent medical assessment.
The medical expert will confirm:
- What injuries you have
- Likely recovery time
- Whether symptoms may be ongoing
It’s generally important not to settle before your medical position is clear. Settling too early could mean your claim is under-valued.
Step 6: Valuing, negotiating and settling the claim
Compensation is typically divided into two parts:
- General damages — For pain, suffering, and loss of amenity
- Special damages — For financial losses like lost earnings, travel, care, and treatment
Insurers may make an early offer. In some cases, that offer can be negotiated.
Most claims settle without going to court. Court proceedings are usually a last resort.
What’s changed in personal injury claims leading into 2026?
A few key changes affect the personal injury claim process England and Wales:
- The OIC portal remains the route for certain RTA whiplash-style claims, with tariff-based compensation for specific injuries.
- Small claims mediation has become more common, with mandatory mediation introduced for some small claims from May 2024.
- Fixed recoverable costs rules were extended in 2023, meaning more claims now follow structured cost and process rules. This relates to how cases are managed, not an automatic increase in what you pay.
- More parts of the process are handled digitally, which makes clear evidence and accurate paperwork even more important.
How long does a personal injury claim take?
Your personal injury claim timeline depends on your recovery and whether fault is accepted. Straightforward claims can often take several months. Complex or disputed claims will usually take longer. Delays can happen because of:
- Disputed liability
- Ongoing symptoms
- Extra expert evidence
- Court timetables
A longer timeframe doesn’t automatically mean something has gone wrong. Often, it simply means your case is being built carefully and properly.
Common mistakes to avoid
These are the issues we see most often:
- Accepting the first offer without advice
- Not seeking medical treatment
- Waiting too long to collect evidence
- Missing the usual three-year time limit
- Posting about the accident on social media
- Assuming partial fault means you can’t claim
If you were partly responsible, contributory negligence might apply. This means compensation could be reduced, not necessarily refused altogether.
When should you speak to a personal injury solicitor?
It’s usually worth getting advice if you have:
- Serious or long-term injuries
- Disputed responsibility
- Time off work or lost earnings
- Multiple injuries/ongoing symptoms
- Pressure from insurers to settle quickly
A solicitor can handle paperwork and deadlines, gather evidence, value losses properly and negotiate, so you can focus on recovery.
Get in touch
The claims process in 2026 can feel daunting, but it’s a structured, step-by-step route. Most cases settle, and you don’t have to rush into decisions, especially while you’re still recovering.
If you’re unsure whether to use the OIC portal or you think your case is more complex, getting clear advice can take a lot of pressure off.
Speak to our personal injury solicitors for a free, no-obligation chat about your options. To get started, simply get in touch.
Personal injury claims process in 2026 FAQs
How long do I have to make a personal injury claim?
In England and Wales, you usually have 3 years from the accident date. Sometimes it runs from the date you first realised your injury was linked to the accident. Children and people lacking capacity can have different rules, so early advice helps.
What evidence do I need for a personal injury claim?
Common evidence needed for a personal injury claim includes medical records, proof of the accident and proof of losses.
Can I still claim if the accident was partly my fault?
Possibly. With contributory negligence, compensation might be reduced if you share some blame but you might still be able to claim.
Will I have to go to court?
Usually not. Most claims settle. Court tends to be a last resort, and mediation is often used first in smaller cases.