If you have been injured in a road traffic accident, you may be considering whether to instruct a solicitor under a no win no fee arrangement. These agreements—formally known as Conditional Fee Agreements (CFAs)—are widely offered by personal injury solicitors across England and Wales, but they are not all structured identically. This guide explains how CFAs work, what costs you might face, and what to check before signing.

What Is a Conditional Fee Agreement?

A Conditional Fee Agreement is a contract between you and your solicitor under which you pay legal fees only if your claim succeeds. According to Law Society guidance, CFAs are regulated arrangements that allow individuals to bring personal injury claims without paying hourly legal fees upfront or during the life of the case.

How No Win No Fee Works in Practice

Under a CFA for a road traffic accident claim:

  • You do not pay your solicitor's hourly fees if the claim is lost.
  • If your claim succeeds, your solicitor's fees are usually recovered from the other side's insurer under the normal costs rules.
  • Your solicitor may also charge a success fee, which is deducted from your compensation.

The Law Society confirms that CFAs must be in writing and must clearly explain the solicitor's obligations, the percentage success fee (if any), and what happens if the claim is lost.

What "Success" Means

Success is typically defined as recovering damages, whether by settlement, court judgment, or acceptance of a Part 36 offer. If your claim is abandoned, discontinued, or dismissed, the agreement treats the claim as lost and you ordinarily owe nothing to your solicitor—although you may remain liable for certain disbursements and, in some circumstances, the opponent's costs.

Success Fees and Deductions from Compensation

One of the most important aspects of any CFA is the success fee. This is an additional charge—expressed as a percentage of your damages—that your solicitor may take if the claim wins.

The 25 Per Cent Cap

For most personal injury claims in England and Wales, the success fee is capped at 25 per cent of your general damages (the portion of your award for pain, suffering, and loss of amenity). The cap does not apply to damages for past or future financial losses, so those sums are protected in full.

This cap was introduced to ensure claimants retain a substantial share of their compensation even when a success fee is charged.

When No Success Fee Applies

Some solicitors offer "true" no win no fee arrangements with a zero per cent success fee, relying instead on recovering their costs from the losing side. It is worth asking any prospective solicitor whether they charge a success fee and, if so, at what rate.

What Costs Might You Still Pay?

Even under a CFA, certain expenses may not be covered by the no win no fee promise.

Disbursements

Disbursements are third-party costs incurred in preparing your claim, such as:

  • Medical reports and expert fees
  • Court issue fees
  • Barrister's fees
  • Engineers' reports (for vehicle damage or accident reconstruction)

Some solicitors will cover disbursements and recover them from the other side if the claim succeeds. Others may ask you to pay them as the case progresses, or may deduct them from your damages at settlement. Check your CFA carefully to understand who bears the risk of disbursements.

After-the-Event Insurance

Many solicitors arrange After-the-Event (ATE) insurance to protect you against having to pay the opponent's legal costs if you lose. The premium for this policy is often deferred: you do not pay unless you win, at which point it may be deducted from your damages or (in some cases) recovered from the other side.

The Pre-Action Protocol for Personal Injury Claims encourages early consideration of funding arrangements, including whether ATE cover is proportionate to the value and risks of the claim.

What to Check Before Signing a CFA

The Law Society and the Solicitors Regulation Authority both recommend that claimants read and understand every term of a CFA before signing. Key questions include:

  1. What is the success fee percentage? Confirm it does not exceed 25 per cent of general damages.
  2. Who pays disbursements? Understand whether you must fund them upfront or whether the solicitor advances them.
  3. Is ATE insurance included, and what is the premium? Ask for a clear explanation of cover and cost.
  4. What happens if the claim is lost? Check whether you will owe any fees or only certain disbursements.
  5. Can you terminate the agreement? Most CFAs allow either party to end the retainer, but the terms of termination—and any fees owed—should be set out clearly.

Your solicitor must provide you with written information about costs and funding at the outset of the retainer, in line with the SRA's transparency rules.

Choosing the Right Solicitor for Your Road Traffic Claim

No win no fee arrangements are available from national, regional, and specialist personal injury firms across England and Wales. The structure of the CFA is often more important than the size of the firm.

Experience and Specialism

Look for a solicitor with demonstrable experience in road traffic accident claims. The Pre-Action Protocol for Personal Injury Claims sets out detailed steps that must be followed before court proceedings are issued, including notification to the defendant, exchange of information, and a period for settlement negotiation. A solicitor familiar with the protocol will be better placed to advance your claim efficiently.

Regulatory Standing

All solicitors in England and Wales must be authorised by the Solicitors Regulation Authority. You can verify a firm's regulatory status using the SRA's public register. The register confirms whether the solicitor holds a valid practising certificate and whether the firm carries professional indemnity insurance.

Firm Size and Resources

Both larger national firms and smaller specialist practices offer CFAs for road traffic claims. Some claimants value the breadth of resources available at a large firm; others prefer the focused attention that may come from a smaller team. Either model can deliver competent representation, provided the solicitor holds relevant expertise and follows the regulatory framework.

What This Means for You

Key takeaway: A Conditional Fee Agreement can make it possible to pursue a road traffic accident claim without paying legal fees upfront. Before you sign, confirm the success fee rate (which must not exceed 25 per cent of general damages), clarify who pays disbursements, and understand what happens if the claim is lost. Check that your solicitor is registered with the SRA and ask for written confirmation of all funding terms at the outset.

How to Challenge Poor Service or Unfair Costs

If you believe your solicitor has not honoured the terms of your CFA, has charged an unlawful success fee, or has provided inadequate service, you have formal routes of complaint.

Firm-Level Complaint

Start by raising your concern with the solicitor's complaints procedure. Every firm regulated by the SRA must operate an internal complaints process and provide you with details of how to use it.

Legal Ombudsman

If the firm's response is unsatisfactory, you may refer the matter to the Legal Ombudsman, an independent body that investigates complaints about legal service providers in England and Wales. The Ombudsman can order the firm to reduce fees, pay compensation, or take other remedial action.

You generally must contact the Legal Ombudsman within one year of the issue arising, and usually within six months of the firm's final response.

SRA Referral

For serious misconduct—such as dishonesty or a breach of the SRA's regulatory principles—you may also report the solicitor to the Solicitors Regulation Authority. The SRA does not handle individual complaints about costs or service quality, but it can investigate and, where appropriate, discipline solicitors who fail to meet professional standards.

Alternatives to Traditional Solicitor Representation

While this guide focuses on instructing a solicitor under a CFA, other options exist for funding and pursuing a road traffic accident claim.

Legal Expenses Insurance

If you hold motor or home insurance, check whether your policy includes legal expenses cover. This may fund your claim without the need for a CFA or success fee, though the insurer will typically nominate the solicitor.

Trade Union or Membership Organisation Support

Some trade unions and professional bodies offer free or subsidised legal advice for personal injury claims. If you are a member, contact your union's legal department to ask whether road traffic accident claims are covered.

Litigant in Person

You may represent yourself—known as acting as a litigant in person—though this is rarely advisable in anything other than the most straightforward small claims. The Pre-Action Protocol and the Civil Procedure Rules impose technical obligations that can be difficult to navigate without legal training.

Frequently Asked Questions

Can I switch solicitors during a CFA?

Yes. Most CFAs include termination clauses that allow you to end the retainer. If you do switch, you may owe the original solicitor for work already done, calculated on an hourly or staged basis. The new solicitor will typically enter into a fresh CFA covering the remainder of the claim.

Will I have to go to court?

The majority of road traffic accident claims settle before trial. The Pre-Action Protocol is designed to encourage early resolution through exchange of evidence and negotiation. If settlement cannot be reached, your solicitor will advise whether issuing court proceedings is proportionate.

What if the other driver was uninsured?

If the at-fault driver has no insurance, you can pursue your claim through the Motor Insurers' Bureau (MIB), which compensates victims of uninsured and untraced drivers. Many solicitors offer CFAs for MIB claims under the same terms as standard motor claims.

How long does a road traffic accident claim take?

Straightforward claims with clear liability and modest injuries may settle within a few months. More complex cases—particularly those involving severe injury, disputed liability, or uncooperative insurers—can take one to two years or longer. Your solicitor should give you a realistic timetable once the defendant's response is known.

Summary

No win no fee arrangements have made personal injury representation accessible to claimants who might not otherwise afford hourly legal fees. For road traffic accident claims in England and Wales, CFAs are regulated by statute and the SRA, with a cap on success fees and transparency requirements that protect claimants from unexpected charges.

Before instructing any solicitor, read the CFA in full, confirm the success fee rate and disbursement terms, verify the firm's regulatory standing with the SRA, and satisfy yourself that the solicitor has relevant experience in road traffic claims. If you have concerns about service or costs during the retainer, use the internal complaints process first, and escalate to the Legal Ombudsman if the issue is not resolved.

A well-structured CFA, combined with competent legal representation, can help you recover fair compensation for your injuries without bearing the financial risk of litigation.

Last reviewed: 2026-09-03

Sources

Disclaimer: This article is for general information only and does not constitute legal advice. The law on conditional fee agreements and personal injury claims is subject to change, and every case depends on its own facts. If you have been injured in a road traffic accident, consult a qualified solicitor regulated by the Solicitors Regulation Authority for advice tailored to your circumstances. UK Injury Solicitors does not endorse or recommend any particular law firm.