What to keep, and
why it matters.
Evidence shapes two things in a claim: whether liability can be established, and how much compensation can be supported. Most claimants don't gather enough of it — or gather it too late.
The OIC process is designed around evidence. Liability decisions are made on it. Medical reports feed into it. Financial loss claims depend on it. The claimant who understands what evidence is relevant — and keeps it — is in a fundamentally stronger position at every stage.
Most of the evidence that matters is gathered in the days and weeks immediately after an accident. Some types of evidence become difficult — or impossible — to recover once that window has passed. This page explains what is worth keeping and when it stops being available.
Most claims draw on a combination of five types of evidence. Each plays a different role in the claim process.
Evidence at the scene
The first hour after an accident is often the most evidence-rich period. Much of what is available then cannot be recovered later.
Photographs of vehicle positions, damage, road markings, road conditions, weather, traffic signals, and any visible injuries. Photographs taken from multiple angles before vehicles are moved capture the scene as it was. Courts and insurers give weight to photographic evidence taken contemporaneously — meaning close in time to the accident.
Name, address, vehicle registration, insurance company and policy number if possible. The vehicle registration is the minimum — the insurer can be traced from it through the Motor Insurers' Bureau database.
If you have a dashcam, preserve the footage immediately. Many dashcam systems overwrite automatically on a loop. Copying the relevant clip to a separate location as soon as possible means it is preserved if needed. The footage can be submitted as evidence through the OIC portal.
Names and contact details of anyone who saw the accident. Witnesses are not required for a claim, but their accounts can be significant if liability is disputed. People who witness accidents rarely come forward unprompted — asking at the scene is the only reliable way to capture that information.
If police attended or were called, noting the reference number for any report. Not all accidents result in a police report, and one is not required for a claim — but if a report exists, it forms part of the evidence picture.
Medical documentation
Medical records from close to the accident date carry significantly more weight than those recorded weeks or months later. Early documentation establishes a direct link between the accident and the injuries.
Evidence gathered close to the accident is referred to as contemporaneous evidence. It is generally treated as more reliable because it records events before memories fade or accounts change — which is why early documentation carries more weight than records created weeks or months later.
Attending a GP or A&E close to the accident date creates a medical record that establishes both the existence and timing of injuries. The absence of early medical records can be used to question the severity or cause of symptoms at a later stage. This is one of the most important steps a claimant can take in the days immediately following an accident.
Once liability is accepted, you will be referred to an independent medical examiner through the OIC portal. This is not the same as your GP. The examiner's report determines the injury type and prognosis period — and those two figures feed directly into the tariff calculation that produces your settlement offer.
The examination is an opportunity to give a full account — covering the worst the symptoms have been, not just how things feel on the day. The medical examiner's report covers the injury's effect on daily life, so it can be worth thinking through all the ways the injury has affected sleep, work, driving, household tasks, exercise and childcare before attending.
Keep records of any prescriptions, physiotherapy sessions, or other treatment directly related to the injury. These support both the medical picture and any financial loss claim for treatment costs.
Why early documentation carries more weight
Evidence recorded close to the date of the accident is harder to dispute. A GP record from the day after an accident creates a contemporaneous link between the accident and the injury. A GP record from six weeks later does not carry the same evidential weight — the gap creates room for the insurer to question whether the symptoms were caused by the accident.
This does not mean late evidence is worthless. It means early evidence is particularly valuable — and worth gathering even when the injuries feel minor.
Financial loss records
The tariff compensates for pain and suffering only. Financial losses caused by the accident are a separate component — and they are only included if they are raised and supported with documentation.
Lost earnings
If the injury prevented time off work, lost earnings are a financial loss the OIC process allows to be included in a claim.
For employees, supporting documentation typically includes payslips and written confirmation from an employer of the period of absence. For the self-employed, tax returns, invoices and bank records are typically relevant.
Travel costs
Travel to and from medical appointments — including the independent medical examination — is a financial loss the OIC process allows to be included.
Records of mileage, public transport costs, or taxi receipts give that component something to stand on.
Treatment costs
Physiotherapy, osteopathy, acupuncture and other treatment costs not covered by the NHS are financial losses the OIC process allows to be included.
Receipts and records of treatment sessions mean that component can be supported with documentation.
Prescription costs
Prescription charges for medication directly related to the injury are a financial loss the OIC process allows to be included. Receipts or prescription records support that component.
Child car seat replacement
A child car seat that was present in a vehicle during a road traffic accident is commonly treated as requiring replacement, even where there is no visible damage. Impacts can weaken the internal structure of the seat in ways that are not externally apparent.
For this reason, safety organisations generally recommend replacing the seat following a collision.
Guidance published by the Royal Society for the Prevention of Accidents (RoSPA) — produced with support from the Department for Transport — states that the cost of replacing the seat should normally be included as part of the insurance claim.
Where a seat is replaced following an accident, the purchase receipt for the replacement seat can support that element of the financial losses recorded within an OIC claim.
Replacement may not always be considered necessary where:
- the impact was extremely low speed
- there was little or no vehicle damage
- no child was in the seat at the time
Manufacturers sometimes publish their own guidance on when replacement is recommended.
Other out-of-pocket costs
Other costs caused directly by the accident may also form part of the financial losses associated with a claim. These can include the replacement of clothing or equipment damaged in the accident, where the loss can be supported with evidence.
As with other financial losses, documentation such as receipts, photographs or invoices helps demonstrate the cost and its connection to the accident.
Whether a particular expense can properly form part of the claim will depend on the circumstances. A solicitor can provide specific advice where needed.
A symptom diary
One of the most practical and underused forms of evidence. A written record of daily symptoms costs nothing and can carry real weight at the medical examination stage.
A symptom diary is a simple written record — a note kept each day or every few days recording how you feel, what you can and cannot do, how your sleep has been affected, whether you have been able to work or carry out normal daily activities.
Its value is twofold. First, it helps you give an accurate account at the medical examination — because most people find it difficult to remember the worst weeks of a recovery when they are feeling better by the time the appointment arrives. Second, it creates a contemporaneous record that can corroborate the medical report.
The diary does not need to be formal. A dated note on a phone, in a notebook, or in an email to yourself is sufficient. The key is that it is recorded at the time, not reconstructed later.
- Pain levels and location — morning, afternoon, evening
- Activities you were unable to carry out that day
- Effect on sleep — difficulty getting to sleep, waking in the night
- Effect on work — days off, reduced hours, tasks you could not complete
- Effect on household tasks, driving, exercise, childcare
- Any medication taken and whether it helped
- Any treatment attended
Evidence and liability disputes
If the insurer denies or disputes liability, the evidence gathered at the scene becomes directly relevant to whether the claim can proceed.
A liability denial means the insurer does not accept that their policyholder was responsible for the accident. This is a position — not a verdict. The claimant may respond through the portal with evidence supporting their account of events.
A split liability decision means the insurer accepts partial responsibility. This affects the value of any award — the compensation is reduced in proportion to the degree of fault attributed to the claimant. Evidence of the accident circumstances is relevant to negotiating the split.
If liability cannot be agreed through the portal, the claim may proceed to the small claims court for a judicial determination. At that point, the quality and quantity of evidence gathered becomes central to how the matter is assessed.
Liability denied — what happens next →The personal injury claims process relies heavily on evidence recorded close to the accident. Photographs, medical records and financial documentation help establish how the accident occurred, what injuries were sustained, and what financial losses resulted.
The earlier this information is gathered, the easier it is to demonstrate the impact of the accident later in the process. Evidence gathered at the time does not need to be formal — it simply needs to exist.
Common questions about evidence
Questions claimants often ask about gathering and using evidence in a personal injury claim.
Scene photographs are valuable but not required for a claim to proceed. Their absence does not prevent a claim — it simply removes one category of contemporaneous evidence. Other evidence such as medical records, dashcam footage, witness accounts and police reports can still support the claim. If liability is disputed and no scene evidence exists, the claim becomes more difficult but not impossible.
Yes, in two practical ways. First, it helps you give an accurate account at the medical examination — most people find it difficult to remember the worst weeks of their recovery when they are feeling better by the time the appointment arrives. Second, it creates a contemporaneous record that can support the prognosis period stated in the medical report. It does not need to be formal — a dated note on a phone recorded at the time is sufficient.
No. Evidence gathering is something claimants can do themselves. The most important evidence — photographs, medical records, receipts and a symptom diary — is gathered in the days and weeks immediately after an accident, before a solicitor is typically instructed. Understanding what evidence matters from the start puts any claimant in a stronger position regardless of whether they later use a solicitor.
Until the claim is fully settled and closed. Most OIC claims resolve within 6 to 9 months, but the standard limitation period is three years from the accident date. Until a claim is formally settled, all evidence should be preserved. Digital copies stored in cloud storage or email provide a reliable backup that cannot be lost or damaged.