Car insurance claims in England and Wales
Fault rules, deadlines, insurer response times, minimum coverage and the regulator for car insurance claims in England and Wales, with every rule cited to its source.
Verified as of September 10, 2026
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence Contributory negligence: damages are reduced «to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage» (Law Reform (Contributory Negligence) Act 1945, s. 1(1)). |
| Deadline to sue for vehicle damage | 6 years from the accident [1] Actions founded on tort (Limitation Act 1980, s. 2). |
| Deadline to sue for injury | 3 years from when the damage became known [2] Three years from the date the cause of action accrued or, if later, the injured person’s date of knowledge (Limitation Act 1980, s. 11(4)). |
| Insurer response deadlines — Accept or deny | 15 days from the claim [5] Under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (claims up to £25,000), the defendant’s insurer must return the Claim Notification Form response within 15 days (para. 6.11). |
| Minimum liability coverage | Property damage £1,200,000 [3] Death or bodily injury: unlimited. Property damage: £1,200,000 per accident (Road Traffic Act 1988, s. 145, as amended by S.I. 2016/1193 from 31 December 2016). |
| Diminished value recoverable | Not yet verified |
| Uninsured / underinsured motorist cover | Not yet verified |
| Regulator | Financial Conduct Authority (conduct) · Financial Ombudsman Service (complaints) |
- Limitation Act 1980, s. 2 — Time limit for actions founded on tort, s. 2 — verified as of 2026-09-11
- Limitation Act 1980, s. 11 — Special time limit for actions in respect of personal injuries, s. 11(4) — verified as of 2026-09-11
- Road Traffic Act 1988, s. 145 — Requirements in respect of policies of insurance, s. 145(3)(a), (4)(b) — verified as of 2026-09-11
- Law Reform (Contributory Negligence) Act 1945, s. 1, s. 1(1) — verified as of 2026-09-11
- Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (from 31 July 2013), paras. 1.2(1), 4.1, 6.11 — verified as of 2026-09-11
In England and Wales a car claim is a claim in negligence: the driver who fell below the standard of a reasonable driver pays for the damage, and their compulsory motor policy pays on their behalf. If both drivers were at fault, damages are reduced «to such extent as the court thinks just and equitable» in light of the claimant’s share of responsibility (Law Reform (Contributory Negligence) Act 1945, s. 1(1)); there is no threshold at which a partly responsible claimant recovers nothing.
Two limitation periods apply. A claim for damage to the vehicle or other property, being an action founded on tort, must be brought within six years of the accident (Limitation Act 1980, s. 2). A claim that includes personal injury must be brought within three years of the accident or, if later, of the injured person’s date of knowledge (s. 11(4)).
Compulsory cover is unlimited for death or bodily injury and at least £1,200,000 per accident for damage to property (Road Traffic Act 1988, s. 145, amount substituted by the Motor Vehicles (Compulsory Insurance) Regulations 2016). For injury claims worth up to £25,000 the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents sets the timetable: the insurer must return its response to the Claim Notification Form, including its decision on liability, within 15 days (para. 6.11).
Insurers are regulated by the Financial Conduct Authority; a complaint about how a claim was handled goes first to the insurer and then, if unresolved, to the Financial Ombudsman Service. The position on uninsured drivers and on diminished value has not yet been verified against a primary text and is not stated here.
File a complaint: Financial Conduct Authority (conduct) · Financial Ombudsman Service (complaints) →
Frequently asked questions
How long do I have to sue for injuries after a car accident in England and Wales?
3 years from when the damage became known (Limitation Act 1980, s. 11 — Special time limit for actions in respect of personal injuries — Three years from the date the cause of action accrued or, if later, the injured person’s date of knowledge (Limitation Act 1980, s. 11(4)).).
Is England and Wales an at-fault or no-fault jurisdiction?
At-fault (tort). Shared-fault rule: Pure comparative negligence.
Who do I complain to about an insurer in England and Wales?
Financial Conduct Authority (conduct) · Financial Ombudsman Service (complaints) (https://www.financial-ombudsman.org.uk/).
This guide explains how car insurance claims generally work. It is not legal advice, does not create a lawyer–client relationship, and is not a statement of any insurer's or regulator's position. Rules change and differ by jurisdiction; check the cited instrument and, where money or injury is at stake, consult a licensed professional in your jurisdiction.