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Home > Media Centre > Blog > How Much Compensation for a Car Accident? Claims Calculator

How Much Compensation for a Car Accident? Claims Calculator

Jones Whyte Jones Whyte August 18, 2026

How much compensation you receive for a car accident depends on how badly you were hurt and how long the effects last. In Scotland, it usually falls somewhere between around £2,000 for a minor injury that settles within months and over £485,000 for the most serious brain and spinal injuries. That figure covers the injury itself. Lost wages, treatment, travel and care are claimed on top, and for many people these add up to more than the injury award does.

These figures are adjusted for Scotland, where the rules on compensation differ from those in England and Wales.

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Try our road traffic accident compensation calculator

Two questions, no personal details, a guide figure in a few seconds. Choose the part of the body affected and how severe the injury is, and the road traffic accident claim calculator returns the range a Scottish court would work from.

Here is what it does and does not do. It gives you a range for the injury itself: the pain, the recovery and the effect on your day to day life. It does not include lost earnings, treatment costs, travel or care, all of which are claimed separately. It also assumes a single injury, so if you were hurt in more than one way the real figure is likely to sit higher.

The range narrows once a medical report is in. Until an independent doctor has examined you and given a prognosis, nobody can turn a range into a number, and any calculator that claims otherwise is guessing.

One more thing worth knowing: this online compensation calculator uses Scottish-adjusted figures. Most UK car accident compensation calculators publish England and Wales figures without mentioning it.

Used the calculator and want to know what your full claim is worth? Get free, no-obligation advice from our team. There is no charge for the call and no obligation to take it further.

How much compensation can you claim for a road traffic accident?

Compensation for a road traffic accident in Scotland ranges from around £2,000 to more than £485,000 for the injury itself, with financial losses claimed on top. Where you sit in that range comes down to severity and duration, not the label attached to your injury.

Three broad bands cover most claims, and most people can place themselves in one of them fairly quickly.

  • Injuries that fully resolve. Soft tissue injury, whiplash, bruising, a simple fracture that heals. You recover within weeks or months and life returns to normal. Typically £2,000 to £15,000.

  • Injuries with lasting effects. Ongoing pain, reduced movement, a joint that never quite works the same, or a psychological reaction that has not settled. Typically £15,000 to £120,000.

  • Life-changing injuries. Brain and spinal cord damage, amputation, significant permanent disability. These claims run into the hundreds of thousands, because they have to fund a lifetime of care and lost earnings.

You will see “average compensation amounts” quoted all over the internet. Ignore them. An average blends a sprained wrist with a spinal cord injury and describes nobody. Two people can suffer the same neck injury in the same collision, and if one recovers in six weeks and the other still cannot turn their head after two years, their claims are nowhere near each other.

The figures on this page come from the Judicial College Guidelines, 18th edition, adjusted for use in Scotland. The Guidelines are the standard reference for valuing injury across the UK, and they are updated every few years to reflect how courts are actually deciding cases.

Scottish courts are not bound by them. They are persuasive here, not prescriptive, and a Scottish judge weighs them alongside Scottish case law and the facts in front of them. That is a real difference, and it is one of several reasons our figures do not match the ones you will have seen elsewhere.

Road traffic accident compensation amounts by injury type

The lists below set out the compensation ranges for the injuries most commonly caused by road traffic accidents. Find the part of the body affected, then read down until the description matches your experience.

One thing to hold onto as you read: severity means the effect on your life, not the name of the injury. A “minor” fracture that leaves you unable to grip a steering wheel is not a minor claim. The description in each band matters more than the label on it.

The figures covered below cover the injury only: the pain, the suffering and the effect on your life. A claim can also cover money you have lost, such as lost wages, care and treatment costs. These are often a large part of a claim and are not shown here.

These figures are a guide, adjusted for Scotland. In Scotland they are not fixed amounts, and every case depends on its own facts.

Injury Compensation by Type

  • Minor head injury: £2,650 to £15,330. A knock to the head or concussion. Symptoms such as headaches, poor concentration or dizziness that settle over time.

  • Less severe: £18,400 to £51,710. A good recovery overall, but with some lasting problems such as poor concentration or memory.

  • Moderate: £51,710 to £263,080. Lasting effects on memory, concentration, personality or the ability to work.

  • Moderately severe: £263,080 to £338,670. A serious brain injury causing major, lasting disability and a need for care.

  • Very severe: £338,670 to £485,150. The most serious brain injuries, with severe, permanent disability and full-time care needs.

What moves a head injury up the bands is not the blow itself but what it leaves behind. Lasting effects on memory and concentration, changes in personality that family notice before the injured person does, difficulty returning to the same job, and the amount of care needed day to day. Very severe brain damage sits at the top of the range because it removes independence permanently.

Brain and head injuries are usually valued later than other claims, and there is a good reason for that. The prognosis takes time to become clear, sometimes a year or more, and settling before it does risks locking in a figure based on a recovery that never arrives.

In the most serious brackets, reduced life expectancy is also part of the assessment, alongside the cost of care, therapy and adapted accommodation. If this is where your situation sits, our brain injury claims and serious injury pages go into more detail.

  • Minor: £2,050 to £10,490. Simple fractures such as a broken nose or cheekbone that heal well, or minor scarring.

  • Moderate: £10,490 to £36,130. Fractures needing surgery, lost or badly damaged teeth, or noticeable scarring.

  • Serious: £36,130 to £58,150. Several or complex facial fractures with permanent effects, or significant scarring.

  • Severe: £58,150 to £116,890. Very serious facial injuries, or scarring that badly changes appearance.

Two things in this group get overlooked constantly. The first is dental damage. Teeth broken on a steering wheel or by an airbag are a claimable injury, and the cost of the dental work is claimed on top as a financial loss. The second is scarring, which people often assume only counts if it is dramatic.

The psychological effect of visible scarring forms part of the assessment in its own right. How you feel about being looked at, whether you avoid photographs, whether you have changed how you dress or wear your hair: courts take that seriously. Our scarring injury compensation page covers this in more depth.

  • Minor: up to £9,470. Soft tissue injuries such as whiplash, with a full recovery within about two years.

  • Moderate: £9,470 to £46,570. Symptoms that carry on, some of which may be lasting.

  • Serious: £46,570 to £106,190. Long-term conditions or disc damage, often needing surgery, with significant disability.

  • Severe: £106,190 to £193,320. Serious fractures or disc injuries causing major, permanent disability.

  • Catastrophic: £263,080 to £485,150. Damage to the spinal cord causing paralysis, whether paraplegia or tetraplegia.

Whiplash and soft tissue injury is the most common road traffic injury there is, and for Scottish readers it is also the biggest source of bad information online.

Here is the point that matters. The fixed tariff under the Whiplash Injury Regulations 2021 applies in England and Wales only. It does not apply in Scotland. Scottish whiplash injuries are assessed on their facts, in the same way as any other injury, by reference to how bad the symptoms were and how long they lasted.

That difference is not academic. A Scottish claimant comparing their neck injury to an English tariff figure is working from a number with no application to their case, and in most cases the tariff figure is considerably lower than what a Scottish claim is actually worth. If an insurer benchmarks an offer against the tariff and you accept it, you will never find out what you left behind.

For a fuller explanation of how these claims are valued here, see our pages on whiplash compensation claims in Scotland, neck injury compensation and shoulder injury compensation. Back injuries and spinal cord injuries are covered separately.

  • Minor: up to £15,130. Simple fractures, soft tissue injuries, or minor finger and thumb injuries that heal well.

  • Moderate: £15,130 to £47,040. Injuries with some lasting effect, such as ongoing pain or reduced grip.

  • Serious: £47,040 to £108,980. Major permanent disability to the arm, wrist or hand, or the loss of fingers.

  • Severe or loss of limb: £108,980 to £360,270. Loss of use, or amputation, of a hand or arm.

This group covers a lot of ground: an elbow injury from bracing against the door, ligament injuries to the wrist, crush injuries to the hand, and everything from minor fractures to serious fractures needing pins and plates.

Two factors move these claims more than people expect. The first is handedness. An injury to your dominant hand affects daily life far more than the same injury to the other one, and the valuation reflects that. The second is your occupation. A wrist injury that stops a joiner working is a different claim from the same wrist injury in an office worker, because the effect on earnings is completely different.

More detail on our arm and elbow injuries and hand and finger injuries pages.

  • Minor: up to £16,500. Soft tissue injuries or simple fractures to the hip, leg, knee, ankle or foot.

  • Moderate: £16,500 to £47,080. Fractures with lasting effects, such as ongoing pain or reduced mobility.

  • Serious: £47,080 to £115,590. Major permanent disability, complex fractures, or a real risk of future surgery.

  • Severe or loss of limb: £115,590 to £338,670. The most serious injuries, or amputation of a leg or foot.

Lower limb injuries have a long tail. A fracture through a joint carries a real risk of arthritis years later, and that future risk is valued now, as part of your claim, rather than waiting for it to arrive. The likelihood of further surgery is treated the same way. So is the effect on mobility: whether you can still manage stairs, stand for a full shift, or walk the distance you used to.

Injuries affecting one or both feet, or both legs, are valued differently from single-limb injuries. Losing function in both is not twice the difficulty of losing it in one, it is considerably more, and the ranges reflect that.

See also our pages on leg injury compensation and hip injury compensation.

  • Less severe: £1,850 to £9,830. An almost full recovery within a year or two, with only minor continuing effects.

  • Moderate: £9,830 to £27,800. Symptoms that affect daily life for a while but improve, with a good outlook.

  • Moderately severe: £27,800 to £71,880. Bigger, longer-lasting effects with a less certain outlook, affecting work and relationships.

  • Severe: £71,880 to £138,990. Serious, long-term effects on your ability to work and cope with daily life.

Most people never raise this, and it costs them. There is a widespread assumption that psychological effects do not really count, or that mentioning them looks like exaggeration. Neither is true. Physical and mental injuries are both recognised, and mental injuries are valued using the same approach as physical ones.

What is recognised includes post traumatic stress disorder, driving anxiety, and depression following a serious collision. Driving anxiety in particular is often dismissed by the person experiencing it. If you have changed your route to avoid the junction, or you tense up every time a car comes alongside you, or you have quietly stopped driving at night, that is a recognised consequence of the accident and not a personal failing.

Psychological injury is usually claimed alongside a physical injury rather than instead of it. A claim solely for shock or travel anxiety, with no physical injury and no diagnosed psychiatric condition, does not attract an award. Where there is a diagnosis, it forms a separate part of the valuation.

  • Minor: up to £15,130. Injuries that settle over time, such as seat-belt bruising.

  • Moderate: £15,130 to £53,890. Injuries with longer-term effects on how an organ works.

  • Serious: £53,890 to £120,900. Major permanent damage to an organ, or the loss of one.

  • Severe: £120,900 to £252,680. The most serious organ damage or loss, with a big and lasting effect on daily life.

Seat-belt injuries deserve a specific mention, because claimants dismiss them almost automatically. The belt did its job, so the bruising across the chest and abdomen feels like a fair trade and not something to complain about. It is still an injury caused by the accident, it is still claimable, and in a heavy impact it can involve fractured ribs, a fractured sternum or damage underneath that is not obvious at the roadside.

If you were left with ongoing chest pain or breathlessness after a collision, our chest injury compensation page has more detail.

Not every injury maps neatly onto a route above. If you selected "something else or not sure" in the calculator, or you cannot find your injury in the lists, this section is for you.

Injuries that regularly come out of collisions and sit outside the main groups include:

  • Scarring to parts of the body other than the face, including burns from airbags and seat belts. Airbag deployment produces friction burns to the forearms and chest often enough that it has its own pattern.

  • Tinnitus and hearing damage. Severe tinnitus can follow head trauma or the noise of an airbag firing in an enclosed space, and it is rarely connected back to the accident by the person living with it.

  • Severe crush injuries, particularly to the hand, foot or lower leg where the vehicle deformed around them.

  • Ligament injuries and tendon damage, including knee ligament injuries in front-impact collisions.

  • Permanent tissue damage, including nerve damage causing lasting numbness, weakness or altered sensation.

  • Loss of senses. Loss of smell and loss of taste after a head injury are both recognised injuries with substantial values attached, and both are frequently unreported.

The absence of a table here does not mean your injury has no value. It means it needs valuing individually rather than by category. Our tinnitus and hearing loss and scarring injury compensation pages cover two of the most common. For anything else, a short call will tell you where you stand rather than leaving you to guess.

Why our figures are different from other UK compensation calculators

Our figures are lower than the ones on most UK compensation calculators. There are three reasons for this, and all of them are about jurisdiction.

The Simmons v Castle uplift. In 2012, English general damages awards were increased by 10% as part of a wider reform of legal costs. That uplift applies in England and Wales. It does not apply in Scotland. Most UK-wide calculators publish the uplifted English figures to a Scottish audience without mentioning it, which means every number a Scottish reader sees is roughly 10% too high before anything else is considered.

The whiplash tariff. The fixed tariff introduced by the Whiplash Injury Regulations 2021 applies in England and Wales only. Scottish soft tissue claims are still assessed on their own facts. For most claimants that is more favourable than a fixed tariff, not less, so this one runs in your favour.

The Guidelines are not binding here. Scottish courts treat the Judicial College Guidelines as persuasive, weighed alongside Scottish case law, rather than as a rulebook to be applied.

What compensation for a road traffic accident actually covers

The injury figure is often the smaller half of a claim. This is the single most useful thing on this page, and it is the part competitors leave out.

A Scottish claim has two parts. Solatium, which is the compensation for the injury itself, and patrimonial loss, which is the money the accident has cost you. Most people arrive knowing about the first and having no idea about the second.

Solatium, the compensation for the injury itself

Solatium is the Scottish term for what is called general damages in England. It is the part of the claim that compensates you for the injury as an experience: the pain at the time, the discomfort through recovery, and the effect on your day to day life.

That last part carries more weight than people expect. If you cannot lift your child due to the injury severity, sleep through the night, play five-a-side, drive your usual commute or do your job the way you used to, that is what solatium is for. Every figure in the lists above is a solatium figure.

Financial losses caused by the accident

Patrimonial loss is everything the accident has cost you in money, past and future. It covers:

  • Lost earnings, past and future, including missed promotions, bonuses and pension contributions. If your injury changed what you can earn for the rest of your working life, that is calculated and claimed.

  • Private treatment, physiotherapy and rehabilitation, including the cost of getting seen sooner than the waiting list allows.

  • Travel to medical appointments, including mileage and parking.

  • Care and assistance during your recovery.

  • Damage to your vehicle, your insurance excess, and damaged possessions such as a phone, helmet or glasses.

  • Adaptations to your home or vehicle where they are needed.

These are evidenced, not estimated. A receipt for a physiotherapy session is worth something in your claim; a memory of paying for several is worth very little. Keep the payslips, the appointment letters, the parking tickets and the receipts from day one, even the small ones. Medical expenses and travel costs add up faster than most people realise, and nobody regrets having kept them.

Claiming for care given by family and friends

Under sections 8 and 9 of the Administration of Justice Act 1982, a Scottish claim can include the value of services a relative provided to you, and the value of services you can no longer provide to your own household.

In plain terms: if your partner took time off work to look after you, drove you to appointments, helped you wash and dress, or picked up everything you normally do, that has a value in your claim even though no money changed hands between you. And if you can no longer do the cooking, the childcare, the driving or the garden, the loss of what you used to contribute is claimable too.

This is a genuinely Scottish provision, and almost nothing else on the open web mentions it. It is also one of the most commonly missed parts of a claim, because the help came from family and nobody thought to write it down. If someone has been looking after you, start keeping a rough note of what they have done and roughly how long it took. It does not need to be precise. It needs to exist.

If you are not sure which of these apply to you, that is exactly what the free initial call is for. There is no obligation to proceed.

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What if you were injured in more than one way?

Almost nobody walks away from a collision with one clean injury. The calculator asks you to pick one, so here is how to handle that.

Multiple injuries are not simply added together. The reason is straightforward once you see it: the effects overlap. If you suffered multiple injuries in the same accident, a neck injury and a shoulder injury sustained at the same time affect one person’s life once, not twice. You had one recovery, one period off work, one set of disrupted weekends. Adding two full awards together would compensate you for the same disruption twice over.

What happens instead is that the court considers the overall effect on you and adjusts to reach a figure that reflects the whole picture. Doing that well is genuinely difficult, and it is one of the clearest arguments for taking advice rather than valuing your own claim. It is also where insurers have the most room to under-settle, because the adjustment is a matter of judgement and they are the ones doing the judging.

The practical instruction: select your most serious injury in the calculator, and then expect the real figure to sit above that range rather than within it. How far above depends on how much the injuries genuinely overlap.

What affects how much your claim is worth

This is the honest answer to “why can’t you just tell me a number?” These are the factors that decide where in a range a claim lands, and most of them are not known in the first few weeks.

  • How severe the injury is, and how long the symptoms last. Duration does more work here than almost anything else.

  • Whether you make a full recovery, and how certain the prognosis is. Uncertainty itself has a value, because you are being asked to accept a risk.

  • Your age, and therefore how long you will live with the effects. A permanent injury at 28 is valued differently from the same injury at 62.

  • Whether you can return to the same work, at the same level, at the same pace.

  • The care and treatment you need, now and in the future.

  • Whether you were partly responsible for the accident.

  • How well the loss is evidenced. Two identical claims can settle at very different figures purely on the strength of the paperwork behind them.

That sixth point stops more people than it should. In Scotland, being partly at fault reduces a claim, it does not end it. This is called contributory negligence, and it works as a percentage: if you are found 25% responsible, you recover 75% of the value of your claim. Not wearing a seat belt, pulling out without full visibility, or being slightly over the speed limit are all things that can reduce a claim without ruling it out.

If you have already decided you have no claim because some of it was your fault, please check before you close the door on it. That assessment is exactly what a first call is for.

A woman with a cast on her arm is sitting on a counc and looking at her phone.

How a road traffic accident claim works, step by step

The claims process follows the same sequence in most cases. Here is what happens at each stage, and more usefully, what is actually expected of you.

  • First call and eligibility check. You tell us what happened. We tell you whether you have a claim and roughly what it involves.

  • Gathering evidence. Police reports, the other driver’s insurance details, witness details, photographs, your medical records.

  • Notifying the insurer. We put the claim to the insurance company for the driver at fault.

  • Liability admitted or disputed. The insurer either accepts their driver was at fault or does not.

  • Independent medical assessment. A doctor who is independent of both sides examines you and reports on your injury and prognosis.

  • Valuation. We put the injury award and your financial losses together into a full figure. Your part: receipts, payslips and your note of any care you received.

  • Negotiation. We put the valuation to the insurer and argue it. Your part: decide whether to accept what comes back. We will tell you what we think and why.

  • Settlement, or raising a court action. Your part: agreeing the final figure.

Most of the work sits with us. For a straightforward claim, the reader’s active involvement often amounts to a few conversations, one medical appointment and some paperwork.

The majority of claims settle without a court hearing. It is worth saying plainly that raising a court action is usually a step towards settlement rather than a sign of one. Putting a case before the court sets a timetable that the insurer has to work to, and a great many claims settle shortly afterwards without anyone giving evidence.

If liability is disputed, the shape changes rather than the destination. More evidence is needed, more of it is contested, and the claim takes longer. It does not mean the claim fails. Insurers dispute liability for tactical reasons as often as for genuine ones.

Timescales are covered further down, under how long you have to claim.

Should you accept the offer your insurer has made?

Before you answer, know what the claim is worth. That is the whole point, and it is the one section on this page where the timing genuinely matters.

Early offers happen because they work. Settling before the medical evidence is complete is cheaper for the insurance company, and it is final for you. The offer usually arrives while you are still sore, still off work, and still waiting to hear whether things will settle down. A guaranteed sum today is genuinely attractive at that moment, which is exactly why it is offered then.

The trouble is what you cannot know at that point. You do not yet have a prognosis. You do not know whether the symptoms will resolve in three months or become permanent. You do not know whether you will need surgery, whether you will get back to the same job, or whether the pain that comes and goes now will still be there next winter.

Settling is final. You cannot reopen a claim because the injury turned out to be worse than expected. The signature closes it for good, including for the parts of it that had not happened yet.

If you have an offer in front of you, a free initial call will tell you how it compares with what the claim looks like on the figures. No obligation to proceed either way.

No Win No Fee, and what you keep

If your claim is not successful, you pay nothing. That is the whole of it, and it does not need dressing up.

Here is how the mechanism actually works, because “no win no fee” gets named far more often than it gets explained:

  • No upfront legal fees. Nothing to pay to start your claim.

  • No fees if the claim is unsuccessful. If you do not win, you do not pay our fees.

  • A success fee only if you win, at a percentage agreed with you in writing before any work starts. You will know the number before you commit to anything.

The success fee is capped at 20% in Scottish personal injury cases, so you keep at least 80% of your compensation. That cap comes from the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, which also introduced qualified one-way costs shifting. In practice that means that if your claim is unsuccessful, you are generally protected from paying the other side’s legal costs, provided you have conducted the case honestly.

No hidden costs, no surprises, and honest pricing from day one. If a fee arrangement is ever unclear to you, ask us to explain it again before you sign anything.

More on how this works on our No Win No Fee personal injury lawyers page.

Find out what your claim is really worth

You have a range. The next step turns it into an answer.

Tell us what happened and we will tell you whether you have a claim, what it is likely to be worth once your losses are included, and what the process would look like from here. The call is free, it takes about fifteen minutes, and there is no obligation to proceed afterwards.

If we take your claim on and it is not successful, you pay nothing. If it is successful, our success fee is capped at 20% and agreed with you before we start.

Call us or request a call back to speak to our personal injury team.

Frequently asked questions

You have three years from the date of the accident to claim compensation in Scotland, or three years from the date you became aware of the injury, under the Prescription and Limitation (Scotland) Act 1973.

Note the Act. Scotland has its own limitation legislation, and a website quoting English legislation at you was not written with your claim in mind.

There are exceptions:

  • Injuries discovered later. Where the injury or its connection to the accident was not reasonably discoverable at the time, the three years can run from the date you became aware of it rather than the date of the collision.

  • Claimants under 16. If you were under 16 at the time of the accident, the three-year period does not begin until your 16th birthday, which means a claim can usually be brought up to your 19th.

  • The court retains a discretion to allow a claim to proceed outside the three years in some circumstances, but it is not something to rely on.

Scottish claims are heard in the Sheriff Court or the Court of Session, depending on value and complexity, with higher value and more complex cases going to the Court of Session. Most claims settle without a court hearing, so for the majority of people this remains background rather than something they experience.

The reason to get advice early is not the deadline, which is usually years away. It is that evidence goes stale. CCTV is overwritten within weeks. Witnesses move and stop answering the phone. Damaged vehicles are scrapped. Memory of a five-second event fades faster than anyone expects. The earlier the evidence is secured, the stronger the claim is when it comes to be valued.

Most car accident claims in Scotland fall between around £2,000 and £485,000 for the injury itself, with lost earnings, treatment and care claimed on top. Where you land depends on how severe your injury is and how long the effects last, which is why a medical report is needed before anyone can give you a figure rather than a range.

No, and any site quoting one is describing nobody's case. An average blends whiplash that cleared up in six weeks with a spinal cord injury, so the resulting figure is too high to be reassuring for a minor injury and far too low to be useful for a serious one. A range for your specific injury is the only figure worth having.

An injury compensation calculator gives you a reliable range, not a figure. It works from the same published guidelines a solicitor and an insurer would use, but it cannot know your prognosis, your time off work or your treatment costs. Treat the output as a starting point that narrows once a medical report is in.

No. The fixed tariff under the Whiplash Injury Regulations 2021 applies in England and Wales only. Scottish whiplash injuries are assessed on their own facts, which for most claimants produces a higher figure than the tariff would, so comparing your claim to an English tariff table will give you the wrong picture.

Multiple injuries are valued together rather than added up, because their effects overlap. The court looks at the overall impact on your life and adjusts to reach one figure. Select your most serious injury in the calculator, then expect the true value to sit above that range.

A straightforward claim where liability is admitted and you recover well often settles within six to twelve months. Claims involving disputed liability, serious injuries or an uncertain prognosis take longer, sometimes considerably, because the compensation claim cannot be valued properly until the medical picture is clear.

Yes. In Scotland, partial fault reduces a claim rather than ending it. If you are found 25% responsible, you recover 75% of the claim's value. A good number of people rule themselves out on this alone, which is a costly assumption to make without checking.

Yes, and passenger claims are among the most straightforward there are, because a passenger is almost never at fault. You can claim whether the driver at fault was in your vehicle or the other one, including where the driver is a friend or family member. The claim is met by their insurer, not by them personally.

Making a personal injury claim against the driver who caused the accident does not itself increase your premium. Your premium is affected by the accident being recorded on your policy, which happens whether or not you claim for your injury. Reporting the accident is what changes your record, not the injury claim.

You can still claim. The Motor Insurers' Bureau exists to compensate people injured by uninsured and untraced drivers, and the process is broadly similar to a standard claim with some additional requirements. Reporting the incident to the police as soon as possible matters here more than usual.

With No Win No Fee, you pay nothing to us if your claim is unsuccessful. Under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, you are also generally protected from paying the other side's legal costs, provided you have conducted your case honestly and reasonably.

Almost certainly not. The majority of road traffic accident claims settle by negotiation without anyone attending court. Where a court action is raised, it is usually to apply pressure and set a timetable, and most of those claims still settle before a hearing takes place.

The success fee in Scottish personal injury cases is capped at 20%, so you keep at least 80% of your compensation. The exact percentage is agreed with you in writing before any work begins, so there is nothing to discover at the end.

No. Personal injury compensation is not subject to income tax or capital gains tax, including the part that replaces lost earnings. Interest earned after you receive and invest it can be taxable, which is worth a word with an accountant if the sum is substantial.

Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.

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