Reviewed by Lauren Pasi
Reviewed by Road traffic accident lawyers, Scotland
Calio’s road traffic accident solicitors represent drivers, motorcyclists, cyclists, pedestrians, passengers and other road users who have been injured in accidents across Scotland.
Road traffic accidents can cause injuries ranging from whiplash, fractures and soft tissue injuries to serious brain, spinal and psychological injuries. A claim can also take account of financial losses and the wider impact an accident has had on your life.
Our solicitors can investigate how the accident happened, establish who may have been responsible, obtain appropriate medical evidence and deal with the relevant insurer on your behalf.
Speak to our road traffic accident claims team on 0800 988 8082 or complete our online enquiry form, and a member of our friendly team will be in touch to discuss your circumstances.
Can I make a road traffic accident claim in Scotland?
You may be able to make a road traffic accident claim if you were injured in an accident caused wholly or partly by the actions of another person or organisation.
Claims can arise following collisions involving cars, motorcycles, bicycles, commercial vehicles and public transport, as well as accidents involving pedestrians.
You may be able to claim whether you were:
- driving a vehicle
- riding a motorcycle
- cycling
- travelling as a passenger
- walking as a pedestrian
- travelling on public transport
- involved in another type of road traffic accident
The circumstances of every accident are different. Establishing a right to compensation can require evidence about how the accident happened, who was responsible and the injuries and losses you suffered.
You should not assume that you cannot claim simply because responsibility for the accident is disputed or you believe you may have been partly at fault.
Our team can advise whether the circumstances of the accident may support a compensation claim under Scots law.
Common injuries after a road traffic accident
Road traffic accidents can cause physical and psychological injuries ranging from relatively minor conditions to serious and life-changing harm.
Some injuries are immediately apparent, while others may develop or become noticeable later.
Common injuries include:
- whiplash and other soft tissue injuries
- fractures and broken bones
- head and traumatic brain injuries
- spinal cord injuries
- chronic or persistent pain
- psychological injuries, including anxiety, travel anxiety and PTSD
If the accident caused physical or psychological injuries, these may be included in your compensation claim where they are supported by appropriate medical evidence.
Types of road traffic accident claims we handle
Calio represents people injured in a wide range of road traffic accidents across Scotland, from relatively straightforward collisions to accidents resulting in serious and life-changing injuries.
Car accident claims can arise from rear-end collisions, junction accidents, head-on collisions and unsafe manoeuvres. We can investigate what happened, deal with insurers and pursue compensation for your injuries and financial losses.
Cycling accident claims can arise from junction collisions, unsafe passing, car-door incidents and other accidents caused by road users. We help injured cyclists pursue compensation for their injuries and associated losses.
Motorcyclists can suffer serious injuries in collisions caused by drivers failing to see them, unsafe overtaking, junction accidents or road hazards. Compensation may cover injuries, financial losses and damage to protective equipment.
Accidents involving buses, coaches, taxis and other forms of public transport can injure passengers and other road users. We can investigate what happened and advise whether you may have a claim.
Passengers injured in road traffic accidents may be able to claim against the driver responsible, whether they were travelling in the same vehicle or another vehicle involved in the collision.
Pedestrians can suffer serious injuries when struck by a vehicle at crossings, junctions, car parks or elsewhere. A claim may still be possible where responsibility for the accident is shared.
Some injuries cause persistent pain that affects a person’s work, daily activities and quality of life. We can pursue compensation that reflects the long-term effects of your symptoms and any resulting financial losses.
If you were injured by an uninsured driver or a driver who left the scene, you may still be able to claim compensation through the Motor Insurers’ Bureau. We can explain the process and help you pursue your claim.
Who is responsible for a road traffic accident?
Responsibility for a road traffic accident depends on how the accident happened and the actions of those involved.
Drivers and other road users are expected to take reasonable care.
Accidents may occur because of speeding, distraction, failure to keep a proper lookout, unsafe manoeuvres, driving too closely, loss of control or other forms of negligent behaviour.
Establishing responsibility can involve considering evidence such as photographs, witness accounts, police information, dashcam or CCTV footage and the positions and movements of the vehicles involved.
In some cases, more than one person may have contributed to an accident.
Can I claim if I was partly responsible for the accident?
Potentially. Being partly responsible does not necessarily prevent you from making a road traffic accident claim.
Where responsibility is shared, the amount of compensation recoverable may be reduced to reflect the extent to which the injured person contributed to the accident.
The assessment of responsibility can be disputed, particularly where different parties give different accounts of how a collision occurred.
We can review the available evidence and explain how shared responsibility could affect compensation.
How do road traffic accident claims work in Scotland?
The exact process will depend on the circumstances of the accident, the injuries involved and whether responsibility is accepted or disputed.
However, most claims involve several common stages:
We will discuss the accident with you, including where and how it occurred, who was involved and the injuries you suffered.
You do not need to have gathered every piece of evidence before contacting us. We can explain what information may be useful and what further investigations may be required.
Our team can gather and assess available evidence about the circumstances of the accident.
Depending on the case, this may include photographs, witness evidence, police information, CCTV or dashcam footage and other material relevant to establishing responsibility.
Medical evidence is important in establishing the nature and extent of your injuries and their likely effect on you in the future.
Depending on the injuries involved, evidence may be obtained from an appropriate independent medical expert. More serious or complex cases may require evidence from more than one specialist.
A road traffic accident can have consequences beyond the injury itself.
We will assess the financial losses associated with the accident, which may include lost earnings, treatment costs, care and assistance, damaged belongings and other reasonable expenses.
Once sufficient evidence is available, the claim can be presented to the appropriate insurer or other responsible party.
Many road traffic accident claims are resolved through negotiation without a court hearing. Court proceedings may be required where responsibility or the value of a claim remains disputed.
Throughout the process, your solicitor will explain what is happening, advise you on any decisions and keep you updated as your claim progresses. If you are unsure whether you have a claim, we can assess what happened and explain the next steps.
What evidence is needed for a road traffic accident claim?
The evidence required will depend on the circumstances of the accident and the issues that are disputed.
Useful evidence may include:
- details of the vehicles and people involved
- photographs or video of the accident scene and vehicle damage
- witness details and statements
- police information, where the accident was reported
- CCTV or dashcam footage where available
- medical records and independent medical reports
- details of time taken off work
- receipts and evidence of expenses arising from the accident
- evidence of damaged property or belongings
- information about care or assistance you have required
Do not be discouraged from seeking advice if you do not have all of this evidence. Some evidence may need to be obtained as part of the investigation into your claim.
Medical evidence will usually be important in establishing the injuries caused by the accident, your recovery and prognosis.
What compensation can I claim after a road traffic accident?
There is no fixed amount of compensation for a road traffic accident. The value of a claim depends on the injuries suffered and the financial and personal consequences of the accident.
Depending on your circumstances, compensation may take account of:
- pain and suffering caused by your injuries
- the effect of your injuries on everyday life
- past and future loss of earnings
- treatment and rehabilitation costs
- care and assistance provided by others
- travel and other expenses arising from the accident
- damage to clothing, equipment or other belongings
- future financial losses associated with serious or lasting injuries
More serious injuries may require detailed assessment of future earnings, treatment, rehabilitation, accommodation, care or support needs.
Our solicitors will assess the medical and financial evidence before advising on the appropriate valuation of your claim.
How long do I have to make a road traffic accident claim in Scotland?
Strict time limits apply to personal injury claims in Scotland.
In many road traffic accident cases, court proceedings must be raised within three years of the date on which the injury occurred.
Different rules can apply in some circumstances, including claims involving children, and the calculation of the relevant time limit can depend on the facts of the case.
The Prescription and Limitation (Scotland) Act 1973 contains the principal limitation provisions applying to personal injury actions in Scotland.
It is sensible to seek legal advice as soon as possible following an accident.
In addition to limitation issues, early investigation can make it easier to identify witnesses and preserve evidence relevant to how the accident occurred.
Our guide to time limits for personal injury claims in Scotland provides further information about limitation.
Can I claim if the other driver was uninsured or cannot be traced?
A compensation claim may still be possible if you were injured by an uninsured driver or following a hit-and-run accident where the driver cannot be identified.
The Motor Insurers’ Bureau (MIB) operates arrangements that can compensate eligible victims of uninsured and untraced drivers.
Untraced driver claims commonly arise following hit-and-run accidents where the driver leaves the scene and cannot be identified.
In these cases, it may still be possible to seek compensation through the MIB, provided the relevant requirements are met and sufficient evidence is available.
The evidence required may include witness details, photographs, CCTV footage, dashcam recordings, police reports and medical evidence relating to your injuries.
Early investigations can often be important in preserving evidence and supporting a claim.
Claims of this kind follow procedures and eligibility requirements. The evidence required can also differ depending on the circumstances.
Our road traffic accident solicitors can advise whether an MIB claim may be available and assist with the process.
What if the road traffic accident caused a serious injury?
Some road traffic accidents cause injuries with permanent or life-changing consequences.
Serious injuries can include brain injuries, spinal cord injuries, amputations, severe fractures and significant psychological injuries.
The effects can extend to a person’s employment, independence, mobility, relationships and long-term care requirements.
Claims involving serious injury often require detailed medical and financial evidence to assess future treatment, rehabilitation, earnings, care and support needs.
Calio represents people affected by serious injuries and can coordinate the evidence required to assess both the immediate and long-term consequences of an accident.
Can a family claim following a fatal road traffic accident?
In some circumstances, relatives may have rights following the death of a loved one in a road traffic accident caused by another party.
Claims following a death are governed by Scots law, including provisions within the Damages (Scotland) Act 2011. The rights available depend on factors including the family relationship and the circumstances of the death.
A fatal road traffic accident claim may involve claims by eligible relatives as well as financial losses resulting from the death.
Our solicitors can explain the rights that may be available to family members and provide advice about the claims process.
How are road traffic accident claims funded?
We understand that concerns about legal costs can make people hesitant about seeking advice.
Calio can provide a No Win No Fee option for most types of personal injury claim in Scotland, including road traffic accident claims.
The funding arrangement available will depend on your circumstances.
Our team will explain how the arrangement works, any potential costs and the terms that apply before you decide whether to proceed.
Why choose Calio for a road traffic accident claim?
Road traffic accident claims can involve disputes about responsibility, medical evidence, insurers and the appropriate level of compensation.
Calio’s solicitors have experience representing people injured in road traffic accidents across Scotland, from relatively minor injuries to serious and life-changing cases.
Our approach includes:
- investigating how the accident happened
- obtaining and assessing appropriate medical evidence
- dealing with insurers on your behalf
- assessing financial losses caused by the accident
- advising on rehabilitation and future needs where relevant
- pursuing claims involving serious and life-changing injuries
- advising on claims involving uninsured or untraced drivers
- representing families following fatal road traffic accidents
You will receive clear advice about your legal position, the evidence required and the progress of your claim.
Experience in road traffic accident claims
Calio has extensive experience representing people injured in road traffic accidents.
Our road traffic accident case studies include claims involving passengers, cyclists and drivers, with settlements secured following rear-end collisions and other road traffic accidents.
Settlement increased to three times the original offer
In one road traffic accident claim, our solicitor challenged the insurer’s valuation and secured a final settlement equal to three times its original offer.
