Do I need a solicitor to make a compensation claim?
Last updated · By Mustafa Bilgic
When you can claim without a solicitor
Since the 2021 whiplash reforms, minor road-traffic injuries are designed to be claimed without a lawyer through the Official Injury Claim (OIC) portal (run by the Motor Insurers’ Bureau). You can use it yourself if:
- you were injured in a road accident as a driver or passenger;
- you were over 18 at the time;
- your injury is valued up to about £5,000 (with the whole claim, including losses, under £10,000); and
- liability is not seriously in dispute.
Minor whiplash is paid under a fixed tariff, so there is less to negotiate. For these small claims, doing it yourself saves you from any deduction from your damages.
When a solicitor is worth it
For most other claims, a solicitor adds real value. Consider one where:
- your injury is moderate or serious, or the long-term prognosis is unclear (a back, head or spinal injury, fractures, scarring);
- the accident was at work, in a public place, or involved medical negligence;
- fault is disputed or you are accused of being partly at fault;
- there are significant lost earnings or future losses; or
- you are claiming on behalf of a child or someone who lacks capacity.
A solicitor obtains the right medical evidence, values the claim properly (including future losses people often miss), handles the insurer, and can issue court proceedings if needed. Studies and regulators have repeatedly found that represented claimants tend to recover more than litigants in person, even after fees.
How no-win-no-fee works
Most personal-injury solicitors act under a Conditional Fee Agreement (CFA) — "no win, no fee". If you lose, you normally pay the solicitor nothing (and "after the event" insurance can cover the other side’s costs). If you win, the solicitor takes a success fee capped at 25% of certain damages (not your future-loss award), plus the insurer typically pays most of the base costs. You keep the large majority of your compensation.
Claims management companies vs solicitors
You may be contacted by claims management companies (CMCs), regulated by the Financial Conduct Authority. They are not law firms; they usually pass your claim to a solicitor and may take a cut. You can always go straight to an SRA-regulated solicitor yourself. Be cautious of unsolicited calls and texts about claims.
Whatever route you choose
Mind the three-year time limit, keep your medical records and evidence of losses, and use our free calculator to understand the likely value before you start. This guide is general information and not legal advice.
Frequently asked questions
Do I need a solicitor to make a personal-injury claim?
Not always. Minor road-traffic whiplash claims worth up to about £5,000 for the injury can be made yourself through the free Official Injury Claim portal. For more serious injuries, workplace or public-place accidents, or any case where fault or value is disputed, a solicitor usually increases the outcome and is typically funded on a no-win-no-fee basis.
Can I claim compensation without a solicitor?
Yes, particularly for small road-traffic injuries through the Official Injury Claim (OIC) portal, which is designed for unrepresented claimants. For small whiplash claims this avoids any deduction from your damages. For larger or disputed claims, however, handling it yourself risks under-settling, because valuing injuries and future losses is difficult without experience.
How much does a no-win-no-fee solicitor take?
Under a Conditional Fee Agreement, if you win the solicitor takes a success fee capped at 25% of certain damages (it cannot be taken from your future-loss award), and the losing side usually pays most of the base legal costs. If you lose, you normally pay the solicitor nothing. The exact terms must be set out in the client-care letter before you sign.
Is it better to use a solicitor or a claims management company?
A claims management company (CMC) is not a law firm — it is regulated by the Financial Conduct Authority and usually passes your claim to a solicitor, sometimes taking a cut. You can go directly to an SRA-regulated solicitor yourself and keep more of your compensation. Be cautious of unsolicited calls or texts encouraging you to claim.
What is the Official Injury Claim portal?
It is the government's free online service, run by the Motor Insurers' Bureau, for making small road-traffic personal-injury claims (injury value up to about £5,000, total under £10,000) without a solicitor. It was introduced with the 2021 whiplash reforms, under which minor whiplash is paid on a fixed tariff. More serious or disputed claims are not suitable for the portal.