A change in the law could save the NHS millions of pounds a year but could also force up the cost of motor insurance. Under present legislation, private medical insurers are able to recoup treatment costs from defendants' insurers.
But the commission says there is a "strong case" that the NHS should also be able to claw back costs.
If such a scheme were to be introduced it would take the form of the NHS having a direct claim against a defendant - dependent on the victim having recovered damages.
The cost of treating accident victims to the NHS is estimated at pounds 1bn a year but only 12 per cent of those treated are successful in bringing negligence claims.