Typically, when we think of road traffic accidents, we picture two vehicles involved in a collison. However, there are other types of accidents that are also classed as road traffic accidents. If you have been injured in such an accident that was not your fault, then you may be entitled to claim compensation for your injuries. The types of accidents can be as follows:
- Passenger claims - if you have been injured as a passenger in any motor vehicle (private car, taxi, bus) then the accident was most likely not your fault and you could be entitled to compensation.
- Pedestrian claims - drivers owe a high duty of care to pedestrians. Whilst each claim turns on its own facts and circumstances, a driver who hits a pedestrian is unlikely to be blameless for the accident. Pedestrians involved in road traffic accidents are most often entitled to compensation for their injuries.
- Poor road conditions - pot holes, black ice and spillages can give rise to dangerous conditions on the road. Authorities have a duty to maintain roads in good order. If you have been injured because of poor road conditions, you may be entitled to compensation.
I have been injured in a road traffic accident that was not my fault. How do I make a claim?
Our team are on hand to help you every step of the way. After you contact us, one of our designated case coordinators will take a detailed statement from you and we will begin to gather information about the accident circumstances, your injuries and any other losses you have suffered as a result of your accident.
We will arrange an appointment with a suitably qualified medical expert who will review your records and examine you. They will then produce a medical report evidencing the injuries you have suffered and recovery prospects. This assists us when valuing your claim.
If you require treatment for your injuries, then we can put you in touch with various rehabilitation providers to assist with your recovery. This can include physical and psychological treatment, depending on your injuries. If you have undergone your own treatment, depending on your injuries. If you have undergone your own treatment privately we recommend that you retain proof of payment for this as we can include the costs in your claim.
I have been involved in a crash with an uninsured or untraced driver - do I still have a claim?
At the outset of the claims process we will ordinarily use the details you have provided to search the Motor Insurance Database (MID) for the motor insurer of the party you are holding at fault for the accident. We will then intimate the claim on the insurer returned by the database search. It is therefore very helpful to obtain the vehicle registration of the other driver's vehicle.
If, however, you are injured in an accident because of an uninsured driver or are the victim of an untraced driver ("hit and run") then it may be possible to make a claim via the Motor Insurers Bureau (MIB). The MIB is a not-for-profit company set up to compensate victims of uninsured and untraced drivers. We are experienced in dealing with the MIB on such claims and can guide you through the process from start to finish.
Are there any time limits for making a claim?
There is a strict three-year time limit for bringing a claim in Scotland. In claims arising from road traffic accidents, the clock starts ticking from the date of the accident.
It is important to note that settlement requires to have been agreed or a court action raised before the expiry of the three-year period. Otherwise, your claim will be considered "time barred". If you were injured in a road traffic accident that was not your fault it is therefore essential that you act quickly in instructing solicitors to commence the claims process.
How much compensation will I receive?
The exact value of your claim will depend on the severity of your injuries together with any losses that have incurred as a result of the accident. The compensation awarded to you will take into account the following:
- the extent of your pain and suffering
- if you have had time off work following the accident, then it may be possible to claim for loss of earnings including lost overtime and shift allowances
- the cost of repair and/or replacement of items damaged in the accident e.g. items of clothing, mobile phone etc.
- the cost of private treatment undertaken following the accident e.g. private physiotherapy
How much will it cost to make a claim?
We have various funding options that we are happy to discuss with you. Following initial investigations, we are often happy to take many claims on a "no win, no fee" paying basis. This means that you will not need to pay our fees as the case progresses. We will also fund many reports and investigations required to confirm the merits and value of your claim.
If we are unable to negotiate settlement of your claim with the other side, then it may be necessary for us to raise court proceedings on your behalf. In those circumstances we can provide competitive After the Event Insurance cover which protects you from any award of expenses in the event that your claim is unsuccessful. Alternatively, if you have the benefit of Legal Expenses Insurance through your motor insurance policy, then we can liaise with the insurers on your behalf to agree funding arrangements.
Will I require to go to Court?
In our experience, the vast majority of cases settle without the need for a court hearing. This is especially in circumstances where the other party is admitting fault for the accident and it is only the value of the claim being disputed. If you do require to go to court, then we would of course be on hand to explain the process and assist with any queries or concerns that you may have.
If you have suffered an injury in a road traffic accident, and you think you may have a claim, please contact us to discuss the matter on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you right away.