Uninsured losses

Assuming the other driver was to blame, you can normally pursue them for your uninsured losses.

These could include:  

  • the excess that you have to pay for repairs
  • the cost of alternative transport while your car is off the road so long as it's reasonable
  • compensation for personal injury
  • loss in earnings
  • loss in value of your car

You should start by writing to the other driver giving details of your uninsured losses, and asking them to pass your claim on to their insurer. 

If the driver refuses to co-operate, then you'll have to take the matter to court.

Small claims court

If the claim is for £10,000 or less in England or Wales, or £3,000 or less in Scotland or Northern Ireland, you can use a small claims court procedure. 

It may also be worthwhile checking your car insurance policy though, as most policies have Motor Legal Protection, which is a form of legal expenses insurance, and will assist in the recovery of your uninsured losses. 

Personal injury claims

If you're claiming for a personal injury as part of the claim then this affects whether the claim can be brought as a small claim. 

Always take legal advice where there is a personal injury element to the claim. 

Under the Civil Procedure Rules and in particular the Pre-Action Protocol, which applies to the England and Wales jurisdiction, you would be encouraged to explore Alternative Dispute Resolution Procedures. 

This means you must try to resolve the matter with the other driver, or their insurers first, before taking the matter to court. 

Make sure you keep all evidence to show that you tried to resolve the matter before going to court. 

Please tell us what you think of the Which? Consumer Rights website.

Your feedback is vital in helping us improve this site. All data will be treated confidentially. This survey will take approximately 5 minutes to complete.

Please take our survey so we can improve our website for you and others like you.