Introduction
If your vehicle has been damaged in a road traffic accident (RTA) due to another party’s fault, you may be entitled to claim compensation under the Civil Procedure Rules (CPR). These rules govern the handling of civil disputes, including vehicle damage claims, in the courts of England and Wales.
In this guide, we break down how to pursue a third-party vehicle damage claim, the steps you must follow, and how to maximise your chances of recovering losses such as repair costs, depreciation, or loss of use.
When Can You Make a Vehicle Damage Claim?
You may be eligible to claim under the CPR if:
1. Another driver’s negligence caused the accident (e.g. speeding, failing to give way, running a red light).
2. A third party’s conduct, such as poor road maintenance by a local authority or damage caused by commercial property, resulted in your vehicle damage.
3. The at-fault party’s insurer refuses to settle your claim fairly or within a reasonable time.
How to Make a Vehicle Damage Claim Under CPR
Step 1: Gather Strong Evidence
Immediately after the incident, collect:
📸 Photographs/Videos of the damage, road layout, skid marks, and weather conditions.
📝 Police Report (especially if the accident involved injury or a hit-and-run).
👥 Witness Statements – Get names, contact details, and written accounts if possible.
🚗 Third-Party Details – Include insurance information, vehicle registration, and contact number.
Tip: The more contemporaneous your evidence, the stronger your claim will be.
Step 2: Send a Letter of Claim (Pre-Action Protocol Letter)
Under the CPR Pre-Action Protocol for Personal Injury, which can also cover the associated vehicle
damage, you must formally notify the at-fault party and their insurer before going to court.
Include the following in your letter:
📅 Date, time, and location of the accident.
📄 A clear narrative of events showing how the third party was responsible.
📂 Supporting evidence (photos, witness accounts, repair estimates).
A deadline for response (usually 14 to 30 days).
Step 3: Try to Reach a Settlement
After receiving your letter:
1. The third-party insurer may admit liability and offer compensation.
2. If the offer is too low or liability is denied, you can negotiate.
3. If no fair settlement is offered, you can escalate to court.
Step 4: File a Claim in Court (If Necessary)
If pre-action negotiations fail:
- Complete Form N1 (Claim Form) and issue the claim in the County Court (for claims
under £100,000). - Pay the court fee (varies based on claim value).
- Serve the claim on the defendant – they have 14 days to respond.
Step 5: Understand the Court Process and Potential Outcomes
The court will assign your case to one of the following tracks:
1. Small Claims Track (claims under £10,000)
– Informal process, legal costs are not usually recoverable.
2. Fast Track (£10,000–£25,000)
– More structured, limited legal costs may be awarded.
3. Multi-Track (over £25,000)
– Suitable for complex cases, with full cost recovery possible.
If your claim is successful, the court may order compensation for:
Repair costs or vehicle market value if written off.
Loss of use (e.g. hire vehicle expenses).
Legal fees, depending on the track.
Key Tips to Strengthen Your Claim
🔹 Act Promptly – You typically have 3 years from the accident date to issue your claim (Limitation Act 1980).
🔹 Retain All Receipts – For repairs, car hire, and diagnostics.
🔹 Obtain an Independent Engineer’s Report – This adds credibility to your repair valuation or total loss claim.
🔹 Consider Legal Advice – Especially if liability is denied or the insurer offers an inadequate settlement.
What If the Other Party Denies Fault?
If liability is disputed:
– The court will assess all available evidence, including photos, CCTV, black box data, and police or witness reports.
-If the dispute remains unresolved, the matter may proceed to a trial where a judge will decide based on the balance of probabilities.
Conclusion
Making a vehicle damage claim under the Civil Procedure Rules ensures that you follow a structured legal process to recover your losses after an RTA. By gathering strong evidence, adhering to the Pre-Action Protocol, and escalating to court only when necessary, you increase your chances of securing fair compensation.
Need Help With Your Vehicle Damage Claim?
Speak with a qualified solicitor who can help you navigate the process, assess your losses accurately, and negotiate effectively with third-party insurers.
Have You Been Involved in a Vehicle Damage Dispute?
Comment below to share your experience or ask any questions.👇
For professional assistance, book an appointment at: www.rmzlaw.co.uk