Many road traffic collision victims are not told about potential compensation and the need to instruct a solicitor to obtain it, a report by the Victims’ Commissioner reveals today.

The report, Forgotten victims: barriers to justice following a road traffic collision, is based on interviews conducted by the Office of the Victims’ Commission in 2025. Its findings include that ‘too many victims’ are not given information about compensation following a road traffic collision which results in serious injury or death.

‘Those that do pursue compensation’, the report says, ‘often face a long, stressful and expensive process.’

Victims spoke of ‘several difficulties they faced navigating the compensation process’. Some were told about it by the family liaison officer but 'many others were not'. Some victims were either unaware or only found out about the compensation process through personal connections to a solicitor.

‘When victims did pursue compensation through a civil claim, they faced a lengthy, burdensome and stressful process. This often required them to complete large amounts of paperwork, collate evidence, revisit their trauma and spend a considerable amount of money on solicitor’s fees, it adds.

Of those interviewed ‘some…were completely unaware seeking compensation was an option available to them’ while ‘others only found out because they knew a solicitor personally’.

Under The Victims’ Code, which came into effect in 2006, victims have the right to be provided with information about compensation, including how to claim.

Referring to dealing with insurance companies, some victims admitted settling earlier than they felt they should have done for a lower sum of money. The decision ‘was often driven by the expense of the civil claim process and the need to be able to move on’.

Court timeliness and a ‘lengthy criminal justice process’ were also problematic. Victims have three years to submit a civil claim, which caused ‘additional stress and anxiety…with little reprieve once the criminal case concluded as they still faced the protracted compensation process’.

The report adds: ‘It is clear…that where family liaison officers signpost and manage expectations around compensation routes, victims feel more prepared for the process. To avoid placing an additional burden on victims, it is important that they receive clear information upfront that enables them to navigate the often-complex compensation claims process.’

The report makes six recommendations. These include securing sustainable funding for road traffic collision-specific victim support services; and improving access to clear information on compensation and civil claims processes.

Victims’ Commissioner for England and Wales, Claire Waxman said: ‘Where victims received trauma-informed support from dedicated family liaison officers and specialist charities, the difference was profound. These examples show that a better, more compassionate approach is possible.

‘My report sets out practical recommendations to improve investigations, strengthen support and ensure that every victim of a road traffic collision is treated with the dignity, recognition and care they deserve.’

This article is now closed for comment.