In this guide, we will look at whether you could make a claim for a road traffic accident in Scotland. There are certain requirements that must be met in order for you to be eligible to seek compensation. This guide will discuss these criteria in more detail as well as looking at the time limit for putting forward a claim and the evidence you may need to gather to support your case.
Making A Claim For A Road Traffic Accident In Scotland
Additionally, this guide will discuss the duty of care each road user owes and how an accident on the road could occur if this duty is not upheld.
Furthermore, we will discuss the compensation you could be awarded after making a successful claim and how your settlement could be calculated.
We conclude with a look at how you can seek legal representation under a No Win No Fee arrangement. If you have any questions while reading our guide, please don’t hesitate to get in touch using the details listed below.
- Call the number at the top of the screen.
- Use our live webchat on the bottom of the screen.
- Contact us for a call back.
Choose A Section
- When Are You Able To Claim For A Road Traffic Accident?
- How Could A Road Accident Be Caused By Driver Negligence?
- What Car Accident Compensation Could Be Received From A Successful Claim?
- Potential Evidence When Making A Claim For A Road Traffic Accident
- Our Panel Of No Win No Fee Solicitors Could Help You Claim Road Traffic Accident Compensation
- Learn More About How To Claim For A Road Traffic Accident
When Are You Able To Claim For A Road Traffic Accident?
In order to make a personal injury claim for a road traffic accident, you will need to show that you were owed a duty of care by another road user and you suffered injuries due to this not being adhered to. This is known as negligence.
The duty of care for road users is set under the Road Traffic Act 1988. This means that road users must navigate the roads in a manner that prevents injury and damage to themselves and others. They must also follow the rules, which are backed elsewhere in law, outlined in the Highway Code.
For more information on when you could be eligible seek road accident compensation, get in touch on the number above.
How Could A Road Accident Be Caused By Driver Negligence?
Below, we have provided examples of how a road accident could occur due to a road user breaching their duty of care:
- Failing to stop at a red light, leading to a rear-end collision.
- Speeding, leading to a multi-car pile up.
- Not checking mirrors or failing to signal whilst turning.
- Operating a vehicle while under the influence of alcohol and drugs. Rule 95 of the Highway Code states that alcohol can reduce co-ordination and reaction times as well as affect judgement of speed, distance and risk.
To find out whether you could claim for injuries sustained in a road traffic accident In Scotland, get in touch on the number above.
What Car Accident Compensation Could Be Received From A Successful Claim?
A successful road traffic accident settlement could comprise up to two heads of claim. These are general damages and special damages. Each aims to compensate for the different ways in which your injuries have affected you.
General Damages
If your claim is successful, compensation for the physical pain and mental suffering caused by your injuries will be awarded under general damages. Our table below contains figures from the Judicial Collage Guidelines (JCG) provided by Judiciary UK. This document helps legal professional assign value to injuries as it comprises a list of guideline compensation brackets.
Our table is only to be used as guidance and is not representative of what your claim could be worth.
| Injury Type | Severity | Notes | Potential Compensation |
|---|---|---|---|
| Paralysis | Tetraplegia | Factors that can impact the award given include age and the psychological effect. | £324,600 to £403,990 |
| Arm Amputation | Loss Of One Arm (i) | The arm is amputated at the shoulder. | Not less than £137,160 |
| Brain Damage | Moderate (iii) | The person has problems with concentration and memory and there is a small risk of epilepsy. | £43,060 to £90,720 |
| Severe Leg Injuries | Very Serious (ii) | Injuries causing permanent issues with mobility such as multiple fractures that have taken years to heal and required extensive treatment. | £54,830 to £87,890 |
| Chest | Continuing Disability | There is damage to the lungs and chest which causes ongoing disability. | £31,310 to £54,830 |
| Neck | Severe (iii) | This bracket includes injuries that result in significant permanent disability, such as ruptured tendons, fractures or dislocations. | £45,470 to £55,990 |
| Pelvis and Hips | Moderate (i) | The claimant has suffered a significant injury to the pelvis or hips but without major permanent disability. | £26,590 to £39,170 |
| Facial Disfigurement | Significant Scarring | In this bracket, the worst effects of visible facial scars will be reduced by plastic surgery. The psychological reaction is minor or diminished to minor proportions. | £9,110 to £30,090 |
| Ankle | Moderate | In this bracket, the claimant has suffered ankle injuries that cause less serious disabilities, such as difficulty walking on uneven ground with a risk of osteoarthritis in the future. | £13,740 to £26,590 |
| Shoulder | Serious | In this bracket, the claimant has suffered damage to the lower brachial plexus and a shoulder dislocation causing pain and sensory problems. | £12,770 to £19,200 |
Special Damages When Claiming For A Road Traffic Collision
In addition to general damages, some personal injury claims recover special damages. It is under this head of your claim that you can be compensated for financial losses incurred by your injuries. It is likely you will need to present evidence of your costs, such as payslips, receipts or invoices.
Examples of what costs you might be able to recover as part of your settlement include:
- Loss of earnings, including future losses and pension contributions.
- Medical expenses, such as counselling, physiotherapy and prescriptions.
- The cost of domestic help, this can involve help preparing meals.
- The cost of adaptations to your home or vehicle, such as having railings and a ramp fitted.
Our advisors can give you a free estimate of what you could claim. Contact them today using the details at the top of the page.
Potential Evidence When Making A Claim For A Road Traffic Accident
As we discussed earlier, you will need to prove that your injuries were caused by another road user breaching the duty of care. There are various pieces of evidence that can help to prove this when you make a claim for a road traffic accident.
Examples of potential evidence that could be useful includes:
- Witnesses contact details so they can give a statement later.
- Accident footage, such as from a dashcam or CCTV.
- Medical records, which can help provide details on your injuries.
- Photographs of the damage to your vehicle as well as pictures of injuries.
In addition to having the evidence that proves your claim, you must start legal proceedings within the limitation period. This is typically three years from the date of the incident. This is set by the Prescription and Limitation (Scotland) Act 1984. However, it does allow for some exceptions that suspend the time limit. For example, the time limit is paused for children under the age of 16 and won’t start till their 16th birthday.
For more information on the evidence you could gather to support your case as well as how long you have to seek compensation, get in touch with an advisor on the number above.
Our Panel Of No Win No Fee Solicitors Could Help You Claim Road Traffic Accident Compensation
When making a claim for a road traffic accident, you may benefit from doing so with a No Win No Fee solicitor. A solicitor could offer their services under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. This can mean they work on your claim under a Speculative Fee Agreement or Damages Based Agreement.
Typically, this means your solicitor won’t ask you to pay for their services if the claim fails. If your solicitor is successful and you are awarded compensation, they will take a success fee out of this. However, there is a limit on how much they can take.
If you have any questions about seeking compensation for injuries sustained in a road traffic accident in Scotland, please get in touch with our advisors. They can assess the eligibility of your claim and provide further guidance on the different aspects of the claims process.
To get in touch, you can:
- Call the number at the top of the screen.
- Use our live webchat on the bottom of the screen.
- Contact us for a call back.
Learn More About How To Claim For A Road Traffic Accident
You might find the following external links helpful:
- The Highway Code – First Aid On The Road
- NHS – When To Call 999
- GOV – Request CCTV Footage of Yourself
Thank you for reading our guide on making a claim for a road traffic accident in Scotland. If you have any other questions, please get in touch using the details provided above.
Writer Danielle Banquo
Editor Meg Mochi