If you have been injured in a road traffic accident in Liverpool, you may be able to pursue compensation through a conditional fee agreement—often known as "no win no fee." This arrangement may provide access to legal representation with reduced upfront financial burden, though costs and potential liabilities still exist. Understanding how these agreements work, what they cover, and the claims process under England and Wales law is essential before instructing a solicitor. This guide explains eligibility, cost structures, and procedural steps for road traffic accident claims in Liverpool.

What Is a No Win No Fee Agreement?

A conditional fee agreement (CFA) is a contract between you and your solicitor in which the solicitor's fees are contingent on the outcome of your claim. If your claim is unsuccessful, you typically do not pay your solicitor's standard legal fees. If your claim succeeds, the solicitor is entitled to charge a success fee—a percentage uplift on their base costs—subject to regulatory caps and conditions set by the Solicitors Regulation Authority.

How Conditional Fee Agreements Are Regulated

The Solicitors Regulation Authority regulates conditional fee agreements to protect consumers and ensure transparency. Under SRA rules, solicitors must:

  • Provide clear written terms before you enter into the CFA, including details of the success fee percentage and any other costs you may be liable for.
  • Explain the risks, including potential liability for the opponent's costs if you lose at trial (though in many personal injury claims this risk is mitigated by after-the-event insurance).
  • Cap the success fee at a maximum of 100 per cent of the base costs, though the recoverable success fee from the losing party is limited by statute in many personal injury cases.

All solicitors offering CFAs in England and Wales must comply with these SRA standards, which apply equally to firms in Liverpool and across the jurisdiction.

What Costs Are Covered—and What Are Not

A no win no fee agreement covers your solicitor's standard legal fees only if your claim succeeds. It does not typically cover:

  • Disbursements: out-of-pocket expenses such as medical report fees, court fees, or expert witness costs. Some solicitors advance these on your behalf and recoup them from your damages; others require payment as the claim progresses.
  • After-the-event (ATE) insurance premiums: most solicitors recommend or arrange ATE insurance to cover the risk of paying the opponent's costs if you lose. The premium may be deferred until the end of the case, but it is ultimately your liability unless recovered from the defendant.
  • The success fee deduction: if you win, the success fee—often capped at 25 per cent of damages excluding future care and loss in personal injury claims—is deducted from your compensation. This cap applies under statute to most personal injury CFAs.

Before signing, ask your solicitor for a detailed breakdown of all potential costs, including disbursements, insurance premiums, and the maximum success fee percentage.

Eligibility for No Win No Fee in Road Traffic Accident Claims

Not every road traffic accident claim is suitable for a conditional fee agreement. Solicitors assess the merits of your case before offering a CFA, considering factors such as liability, the strength of your evidence, and the likelihood of recovery.

When a CFA May Be Offered

You are more likely to be offered a no win no fee agreement if:

  • Liability is clear or disputed but you have strong evidence (e.g., dashcam footage, independent witness statements, police reports).
  • You have sustained a documented injury requiring medical treatment and supported by contemporaneous records.
  • The defendant is insured or identifiable, increasing the prospect of recovering damages and costs.
  • Your claim falls within the limitation period (usually three years from the date of the accident or the date you became aware of your injury).

When a CFA May Not Be Available

Solicitors may decline to offer a CFA if:

  • Liability is heavily disputed and evidence is weak or contradictory.
  • Your injuries are minor and the anticipated damages would not justify the cost and risk of litigation.
  • The defendant is uninsured, untraceable, or based outside the jurisdiction, making recovery uncertain. (In cases involving uninsured or untraced drivers, you may still have a claim through the Motor Insurers' Bureau, which compensates victims of uninsured and hit-and-run drivers in the UK.)
  • You have already accepted a settlement or signed a binding release.

No solicitor can guarantee the outcome or amount of your claim, regardless of their experience. Success is not assured, and outcomes depend on the specific facts, evidence, and legal arguments in each case.

The Claims Process for Road Traffic Accidents in England and Wales

The following steps apply to claims pursued in England and Wales courts under the Civil Procedure Rules and the Pre-Action Protocol for Personal Injury Claims.

Notification and Pre-Action Protocol

Before issuing court proceedings, you must comply with the Pre-Action Protocol for Personal Injury Claims. This protocol requires:

  • Early notification to the defendant (or their insurer) of your intention to claim, including brief details of the accident, injuries, and alleged breach of duty.
  • Exchange of relevant documents, such as medical records, repair estimates, and photographs.
  • A reasonable opportunity for the defendant to investigate and respond to your allegations before litigation begins.

Failure to follow the protocol can result in cost sanctions, even if you ultimately succeed. Your solicitor will manage this process on your behalf, liaising with insurers and gathering evidence in accordance with the Ministry of Justice Pre-Action Protocol.

Medical Evidence and Damages Assessment

You will need an independent medical report to support your claim. Your solicitor will typically instruct a medico-legal expert to examine you and produce a report detailing:

  • The nature and extent of your injuries.
  • Prognosis and any ongoing treatment or rehabilitation needs.
  • The impact on your daily life, work, and long-term health.

Damages are assessed individually according to established legal principles, considering the severity and duration of your injury, financial losses (such as lost earnings and travel costs), and future care needs. Compensation is divided into general damages (for pain, suffering, and loss of amenity) and special damages (quantifiable financial losses).

Negotiation and Settlement

Many claims are resolved by settlement without the need for a court hearing; however, outcomes vary depending on liability, evidence, and case complexity. Your solicitor will negotiate with the defendant's insurer, presenting your medical evidence and financial losses to support your claim.

If a reasonable offer is made, you will be advised of its merits and any risks of proceeding to trial. The decision to accept or reject an offer rests with you, but your solicitor must explain the potential cost consequences under the Civil Procedure Rules (for example, if you reject an offer and are later awarded less at trial, you may be liable for the defendant's costs from the date of the offer).

Issuing Court Proceedings

If settlement cannot be reached, your solicitor may issue a claim in the County Court or, for higher-value claims, the High Court. Once proceedings are issued, the case enters the court-managed timetable, including:

  • Directions for disclosure of documents, exchange of witness statements, and expert evidence.
  • Case management conferences and, if necessary, a trial.

Even after proceedings are issued, settlement negotiations often continue, and many cases resolve before trial. However, there is no guarantee of settlement or success at trial.

Time Limits for Road Traffic Accident Claims

You must bring your claim within three years of the accident date, or within three years of the date you became aware your injury was linked to the accident (known as the "date of knowledge"), under the Limitation Act 1980. Miss this deadline, and your claim will usually be statute-barred, meaning the court will refuse to hear it regardless of its merits.

Special Rules for Children

If the injured person was under 18 at the date of the accident, the three-year limitation period does not begin until their 18th birthday. This means a child injured in a road traffic accident has until their 21st birthday to issue a claim. Parents or guardians may bring a claim on behalf of a child before they turn 18, but court approval is required for any settlement.

Uninsured and Untraced Driver Claims

If the at-fault driver is uninsured or cannot be traced, you may still recover compensation through the Motor Insurers' Bureau. The MIB is a statutory body funded by the insurance industry to compensate victims of uninsured and hit-and-run drivers across the UK.

MIB claims are subject to strict procedural rules and shorter notification deadlines. For untraced driver claims, you must notify the MIB within a specified period (currently 28 days for property damage and within three years for personal injury, though earlier notification is advisable). Your solicitor will liaise with the MIB on your behalf and ensure compliance with these requirements.

Choosing a Solicitor in Liverpool

When selecting a solicitor to handle your road traffic accident claim on a no win no fee basis, consider:

  • Regulation and authorisation: Ensure the firm is authorised and regulated by the Solicitors Regulation Authority. You can verify this on the SRA website.
  • Experience in road traffic claims: Look for solicitors with a demonstrable track record in personal injury litigation, particularly road traffic accidents.
  • Transparent fee structures: Ask for a written breakdown of the success fee, ATE insurance costs, disbursements, and any deductions from your damages.
  • Clear communication: Your solicitor should explain the claims process, risks, and potential outcomes in plain language, and keep you informed at every stage.

No solicitor can guarantee the outcome or amount of your claim, regardless of their experience. Be wary of any firm that promises a certain result or pressures you to sign a CFA without giving you time to read and understand the terms.

What This Means for You

If you have been injured in a road traffic accident in Liverpool, a conditional fee agreement may reduce the upfront financial barrier to pursuing compensation, but it does not eliminate all costs or risks. You remain potentially liable for disbursements, insurance premiums, and, in some circumstances, the opponent's costs. Before instructing a solicitor, ensure you understand the full cost structure, the claims process, and the limitation deadlines that apply to your case. Outcomes vary depending on liability, evidence, and case complexity, and no solicitor can guarantee success or predict the precise amount you will recover. Seek independent legal advice as soon as possible to preserve your rights and maximise your prospects of a fair outcome.

Practical Steps to Take After a Road Traffic Accident

  • Seek medical attention immediately: Even if your injuries seem minor, obtain a medical assessment and keep all records.
  • Gather evidence: Take photographs of the scene, vehicle damage, and any visible injuries. Obtain contact details of witnesses and the other driver's insurance information.
  • Report the accident: Notify the police if anyone is injured or if the other driver leaves the scene. Obtain the police incident number.
  • Do not admit fault: Avoid making statements about liability at the scene or to insurers before taking legal advice.
  • Instruct a solicitor promptly: Early legal advice can help preserve evidence, ensure compliance with notification deadlines, and protect your position in negotiations.

Last reviewed: 2026-06-22

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Disclaimer: This article provides general information about no win no fee agreements and road traffic accident claims in England and Wales. It is not legal advice, and you should not rely on it as a substitute for independent legal guidance tailored to your circumstances. Laws, regulations, and court procedures change; always verify current rules with a qualified solicitor before taking action. No solicitor–client relationship is created by reading this article. If you have been injured in a road traffic accident, consult a solicitor authorised by the Solicitors Regulation Authority as soon as possible to discuss your specific case and options.