What Are Your Options After a Road Traffic Accident?

When you’ve been involved in a road traffic accident, it’s easy to feel overwhelmed. Between dealing with the immediate shock, possible injuries, and the stress of sorting out your vehicle, many people aren’t sure what their rights are — or even where to start.

As specialist personal injury solicitors, Enable Law works closely with people who’ve suffered serious, life-changing injuries in accidents. Over the years, they’ve seen a lot of confusion about the difference between criminal and civil cases, and how they can affect your options after a crash. Here’s a straightforward guide to help you understand the basics and what steps you can take if you find yourself in this situation.

Criminal vs. Civil: What’s the Difference?

Criminal Law:
When the police and Crown Prosecution Service (CPS) get involved after a collision, it’s usually because a law has been broken — things like drink driving, dangerous driving, or driving without insurance. In a criminal case, it’s the CPS, not you, who decides whether to prosecute the other driver. If they’re found guilty, they could face fines, points on their licence, a driving ban, or even prison time.
However, even if there isn’t a criminal conviction — or even a criminal case at all — you could still have the right to claim compensation through the civil courts.

Civil Law:
Civil cases are very different. They’re about the injured person claiming compensation from the driver (or more usually, their insurance company) for the harm suffered. The goal isn’t to punish the driver, but to help recover costs like medical bills, lost earnings, and future care needs.
The standard of proof is also lower. In criminal court, guilt must be proven “beyond reasonable doubt.” In civil court, it’s just about showing it’s “more likely than not” that the driver was at fault.

So, even if the other driver isn’t convicted of a crime, it’s still possible to make a successful civil claim.

Why It’s Important to Act, Even If Some Time Has Passed

One common mistake people make is assuming that if there’s no criminal case, there’s nothing they can do. That’s simply not true.

Recently, Enable Law spoke with a family whose son had been seriously injured in a crash four years earlier. They didn’t realise they could claim compensation because the CPS had decided not to press charges against the driver. In the meantime, they’d been paying out of pocket for their son’s additional educational support and therapy.

Thankfully, a hospital support worker pointed them towards Enable Law. The team is now helping them bring a claim that will hopefully cover not just the costs they’ve already faced, but also future expenses linked to the injury.

In general, the time limit for starting a personal injury claim is three years from the date of the accident or from when you first realised you’d been injured because of it.
For children, it’s three years from their 18th birthday. And if the injured person doesn’t have the mental capacity to manage their own affairs, there may be no time limit at all.

The takeaway?
Even if it feels like too much time has passed, it’s always worth seeking proper legal advice. You might still have options.

How Enable Law Can Help

If you or someone you care about has been seriously hurt in an accident that wasn’t your fault, Enable Law is here to help. They offer free, confidential chats, either over the phone or in person, to listen to your story and provide advice you can trust.
If they take on your case, it will usually be on a no win, no fee basis,  meaning you don’t pay anything unless they win compensation for you.

Get in touch with Enable Law today by visiting enablelaw.com or by calling 0800 044.