Fatal Road Accident Claims
Compassionate support after losing a loved one
Losing someone in an accident that was not their fault is devastating. If a loved one has died because of someone else’s negligence, you may be able to make fatal road accident claims. Whether the accident happened on the road, at work or elsewhere, we can help you understand your legal options and handle your claim with care.
Regulated solicitors
Years' experience
No Win No Fee
Who can make fatal road accident claims?
Two claims usually run together after a death, and you do not have to choose between them. Fatal road accident claims under the Fatal Accidents Act 1976 are brought for the benefit of the people who depended on the person who died. A second claim, under the Law Reform (Miscellaneous Provisions) Act 1934, is brought by the estate for what the person themselves lost before they died. One solicitor handles both.
Being related is not enough on its own. The Act sets out who may claim, and you also have to show you were actually dependent on the person, financially or on the things they did for you. A grown-up child who had not relied on a parent for years will usually have no dependency claim even though they appear on the list. This most often follows a road accident, but the same law applies whether the accident happened on the road, at work or elsewhere. If you are unsure, our team can talk it through with you, and there is no need to make any decisions before you are ready.
Who the Act lets claim
- A spouse or civil partner, and a former spouse or former civil partner
- A partner who lived in the same household immediately before the death, and had done for at least two years, as husband, wife or civil partner throughout
- Children and other descendants, including stepchildren
- Parents and other ascendants, and anyone the person treated as a parent
- Anyone the person treated as a child of the family in a marriage or civil partnership
- Brothers, sisters, uncles and aunts, and their children
The two year cohabitee rule was not always there. It was added by the Fatal Accidents Act 1976 (Remedial) Order 2020, which came into force on 6 October 2020 and applies to causes of action accruing on or after that date. If your partner died before then and you were not married, tell us the date and we will check where you stand.
A claim cannot undo what happened, but it can help
No claim makes up for losing someone. What fatal road accident claims can do is replace the income a family has lost, pay the funeral costs, and put on record that the death should not have happened. For most families the money matters because the household budget stopped working the week of the funeral, not because anyone wanted to go to law.
We handle the legal side gently, in plain English, and we do not need you at every stage. Your solicitor will tell you what the claim can include, deal with the insurer, and keep you updated as often or as rarely as you want.
is the bereavement award fixed by Parliament in England and Wales. It is paid on top of loss of dependency, funeral costs and everything else the claim recovers.
How much is fatal accident compensation?
Nobody can price a fatal claim from a phone call, and a firm that gives you a figure before it has seen the evidence is guessing. What we can do on the first call is tell you which of the three parts apply to your family, which is usually enough to know whether the claim is worth making.
The fixed part
Bereavement damages of £15,120 in England and Wales, divided equally where more than one person qualifies. This is the only figure set in advance.
The calculated part
Loss of dependency. The income and the unpaid work the household relied on, projected forward over the years it would have continued. On most claims this is much the largest part.
The assessed part
Where the person survived for a time, general damages for the pain and suffering they experienced, claimed by the estate and assessed against the Judicial College Guidelines, now in their 18th edition published on 9 April 2026.
How a claim works alongside an inquest or a prosecution
An inquest and a criminal prosecution are not the same thing as your claim, and none of the three has to wait for the others. A coroner’s inquest establishes who died, where, when and how. It does not decide blame and it does not award compensation.
Death by dangerous driving compensation
A prosecution for causing death by dangerous driving punishes the driver. A conviction does not pay your family anything, but it is strong evidence in the civil claim, so there are cases where it is worth letting the criminal case run first. Whether that helps in your case is a judgement call, and we will make it with you rather than for you.
An acquittal does not end the civil claim. A criminal court has to be sure the driver is guilty, whereas a civil claim only has to show that the driver was more likely than not at fault. Families are often told, wrongly, that a failed prosecution is the end of the matter.
We can attend the inquest with you. The evidence a coroner gathers, including the police collision report and the post mortem, often becomes the backbone of the civil claim, which is a reason to have a solicitor involved before the inquest rather than after it.
You do not have to wait for the inquest to conclude before taking advice, and where the three year limit is a concern you should not. Inquests into road deaths are frequently adjourned while a prosecution runs, and that can take up much of the limitation period.
If the driver was uninsured or was never traced
A hit and run, or a driver with no insurance, does not leave your family without a route to compensation. The Motor Insurers’ Bureau exists for both situations and is funded by every insurer writing motor cover in the United Kingdom.
The driver was identified but uninsured
The claim is made under the MIB’s Uninsured Drivers’ Agreement, which covers claims against an identified driver who had no valid insurance in place.
The driver was never identified
The claim is made under the Untraced Drivers’ Agreement, which covers claims where the driver responsible cannot be traced. That includes a driver who drove away, and one who refused to give their details or gave false ones.
Report the collision to the police if that has not already happened, and keep the incident reference. A police report is the first thing an MIB application needs, and it is far easier to obtain in the weeks after the accident than a year later. We make the application for you.
How long do you have to make a fatal accident claim?
Three years, in most cases, and under section 12(2) of the Limitation Act 1980 the three years run from the later of the date of death and the date the dependants knew the death was caused by someone’s negligence. If you are inside three years of the death, you are almost certainly in time.
Four rules that decide whether the deadline is a problem
- The deceased’s own claim must not already have been barred. Under section 12(1) of the Limitation Act 1980, if the person could no longer have brought their own claim at the moment they died, no Fatal Accidents Act claim can be brought at all. This is the rule that catches industrial disease cases, where the illness began years before the death.
- The three years run separately for each dependant. Under section 13, the limit is applied to each dependant individually, so two members of the same family can have two different deadlines and one being out of time does not affect the others.
- A child’s three years start at 18. Under section 28 time does not run against a minor, so a dependent child has until their twenty first birthday.
- The court has a discretion to allow a late claim. Under section 33 a court can disapply the limit. It is exercised, but it is a discretion and never something to rely on. Ring us instead.
If you think you may already be out of time, that is a reason to call today rather than a reason not to call. The position is often better than families assume, and it costs nothing to find out.
How fatal road accident claims and other fatal injury claims arise
The same law applies however the accident happened, so fatal injury claims and fatal car accident claims are the same claim under a different name. What changes is who the claim is made against and which insurer pays.
Fatal car accident claims
The most common cause. A collision caused by another driver’s speed, carelessness, phone use or drink or drugs. The claim is against the driver and is met by their motor insurer. The Department for Transport recorded 1,538 people killed on Great Britain’s roads in 2025.
At work or in a public place
Where an employer or an occupier failed to keep someone reasonably safe and the failure caused the death. The claim is against the organisation and is met by its employers’ liability or public liability insurer.
Medical and other negligence
Where a death followed avoidable failings in care, or another party’s negligence outside the road and workplace settings. Tell us what happened and we will say whether a claim is open.
If the person who died was partly to blame, that does not end the claim. Under the Law Reform (Contributory Negligence) Act 1945 the award is reduced to reflect their share of the responsibility rather than refused. A finding of 25 per cent against them means 75 per cent of the claim is still recovered.
What can fatal road accident claims include?
A claim is not only about immediate costs. It looks at the longer term financial effects of the loss on the people left behind, so most of a fatal claim is not the fixed award. It is loss of dependency, which means the money and the unpaid work your household actually lost. The main heads of claim are set out in the Fatal Accidents Act 1976, and what applies depends on who relied on the person and for what.
Loss of financial dependency
The wages, pension, benefits and other income the household relied on, less what the person spent on themselves, projected over the years the support would have continued.
Loss of services
The childcare, the care of an elderly relative, the driving, the DIY and the housework they did unpaid. A parent who was not earning can still found a substantial dependency claim, which families are often surprised by.
Funeral expenses
The funeral, the headstone and the associated costs, recoverable under section 3(5) of the Act where they were paid by the dependants.
The estate's own claim
Losses the person suffered themselves between the accident and the death, including their pain and suffering, lost earnings in that period and any expenses. Our solicitors will handle these sensitive questions with care.
Two statutory rules matter here and both work in your favour. Under section 4 of the Act, benefits accruing to the dependants from the death are disregarded, so life insurance, a death-in-service payment and an inheritance do not reduce the claim. Under section 3(3), where the claim is a widow’s for the death of her husband, her remarriage or the prospect of it is left out of account.
Bereavement Support Payment from the Department for Work and Pensions is separate from the claim and does not reduce it. The higher rate is a £3,500 lump sum followed by £350 a month for 18 months, and the standard rate is £2,500 followed by £100 a month for 18 months. Claim within three months of the death to receive the full amount. That is a deadline worth noting now, because it is much shorter than the claim deadline.
How fatal road accident claims arise
The same law applies however the accident happened. Fatal road accident claims may be possible whenever another person’s negligence caused a fatal collision or incident.
Road accidents
The most common cause, including collisions caused by another driver’s speeding, carelessness or driving under the influence.
At work or in public places
Where an employer or an organisation failed to keep someone reasonably safe, and that failure led to a fatal accident.
Medical or other negligence
Where a death followed avoidable failings in care or another party’s negligence. We can tell you whether a claim is possible.
A claim is usually made against the person or organisation at fault, through their insurer. Tell us what happened and we will explain, gently, whether a claim may be open to you.
What can fatal road accident claims include?
A fatal road accident claim is not about putting a value on a life. It is about the practical and financial effects of the loss on the people left behind. The main parts of a claim are set out in the Fatal Accidents Act 1976.
Every claim is different, and what applies depends on your circumstances. Your solicitor will explain, clearly and without pressure, what you may be able to claim.
Where the person survived for a time before they died, a claim may also include the pain and suffering they experienced. Our solicitors will handle these sensitive questions with care.
- Loss of dependency, the income and support the family relied on
- The statutory bereavement award, for eligible family members
- Funeral expenses and related costs
- Loss of services the person provided, such as care or childcare
Evidence that supports your
fatal road accident claims
Clear evidence helps support fatal road accident claims by showing how the accident happened, who was responsible and how the loss has affected your family.
post-mortem report.
No win no fee fatal road accident claims
You can start fatal road accident claims without paying anything upfront, which matters at a time when the last thing you need is another financial burden.
If the claim succeeds, an agreed success fee is deducted from the compensation. Your solicitor will explain this clearly before you decide anything.
You will see the full terms in writing before your claim begins.
Frequently Asked Questions
Take your time, and ask us anything that is not covered here.
What is a fatal accident claim?
A claim brought after someone has died because of another person’s negligence. It is made under the Fatal Accidents Act 1976 for the benefit of the people who depended on them, and usually alongside a claim by the estate under the Law Reform (Miscellaneous Provisions) Act 1934 for what the person themselves lost. In other countries the same claim is called a wrongful death claim.
Who can make a fatal road accident claim?
A close family member, or anyone who depended on the person who died, where the accident was caused at least in part by someone else. That includes a spouse or civil partner, a partner who lived with them for at least two years, children and stepchildren, parents and anyone they treated as a parent. A claim is often brought by the estate as well. If you are not sure whether you can claim, we can talk it through with you.
How much are bereavement damages, and who gets them?
In England and Wales the award is a fixed £15,120 under the Fatal Accidents Act 1976, for causes of action accruing on or after 1 May 2020. It can be claimed by a spouse or civil partner, a partner of at least two years, or the parents of a child who was a minor and had never married. Where more than one person qualifies it is divided equally between them. It is separate from, and on top of, loss of dependency and funeral costs.
How much is fatal accident compensation in total?
There is no single figure. Bereavement damages are fixed at £15,120, loss of dependency is calculated from the income and unpaid work your household lost, and where the person survived for a time the estate can claim general damages assessed against the Judicial College Guidelines, now in their 18th edition. Dependency is usually the largest part and it is different for every family.
How long do we have to make a claim?
In most cases three years, running from the later of the date of death and the date you knew the death was caused by negligence. The three years run separately for each dependant, and a dependent child has until their twenty first birthday. If the person was already out of time to claim for their own injury before they died, no fatal accident claim can be brought.
Does the at-fault driver's insurance pay?
Usually, yes. The claim is made against the person or organisation at fault and is met by their insurer, so you are not asking an individual for money. Where the driver had no insurance, or was never traced, the claim goes to the Motor Insurers’ Bureau instead. We identify who is responsible and deal with them for you.
Can we claim if there is an inquest or a criminal case going on?
Yes. A civil claim is separate from an inquest and from a prosecution such as causing death by dangerous driving, and they can run alongside each other. Findings from one can help another, and we can attend the inquest with you.
Do we have to go to court?
Most claims settle without a court hearing. If a hearing is ever needed, we prepare everything with you and support you through it. Our aim is to make the process as gentle as possible.
Does life insurance or an inheritance reduce the claim?
No. Under section 4 of the Fatal Accidents Act 1976, benefits accruing to the dependants from the death are disregarded when the claim is assessed. Life insurance, a death-in-service payment and an inheritance are all left out of account.
What if our relative was partly to blame?
The claim is reduced, not refused. Under the Law Reform (Contributory Negligence) Act 1945 the award is cut to reflect their share of the responsibility, so a finding of 25 per cent against them still leaves 75 per cent of the claim recoverable.
Is Bereavement Support Payment the same as a claim?
No, and claiming one does not affect the other. Bereavement Support Payment is a benefit from the Department for Work and Pensions, paid as a lump sum and then monthly for 18 months. Claim within three months of the death to receive the full amount, because that window is much shorter than the claim deadline.
Are the rules the same in Scotland and Northern Ireland?
No. In Northern Ireland the bereavement award rose to £19,700 for deaths on or after 1 December 2025. In Scotland there is no fixed award and the court assesses the family’s loss of society individually. Tell us where the accident happened and we will tell you which rules apply.
Check if you can make fatal road accident claims
If you would like to understand whether you can make fatal road accident claims, leave your details and our solicitors will contact you with no obligatio
- Free, no-obligation review
- No Win No Fee available
- SRA-regulated solicitors
Check if you can make a claim
Takes less than 60 seconds
Other road traffic claims we handle
Talk to us when you're ready
Talk to us when you’re ready about fatal road accident claims. We’ll explain your options clearly and support you through every stage of the process.
Related Blogs
