You may be entitled to claim compensation for injuries sustained from a road traffic accident that wasn’t your fault. Whether you were driving with family, on the bus or were knocked off your bike, Jones Whyte’s compassionate car accident lawyers are here to help you navigate this difficult time.
Table of Contents
- What is considered a road traffic accident in Scotland?
- What do car accident claims cover?
- How much compensation can you claim for a road accident?
- How do you claim for car accidents in Scotland?
- Why you should consider making a road traffic accident claim?
- The benefits of using Jones Whyte’s car accident solicitors
- Key takeaways
- Frequently asked questions
What Is Considered A Road Traffic Accident In Scotland?
In Scotland, a road traffic accident is defined as an incident involving at least one road vehicle that results in personal injury (including the driver or passengers) or damaged property. These accidents can happen due to a third party’s reckless driving or poor road conditions.
A road accident can be between:
- Motorists – two cars colliding (e.g. rear-end shunt, head-on collision), including hit-and-runs from uninsured drivers
- Motorcycles – motorbike/s and at least one car
- Public transport – road accidents involving taxis, buses or Uber
- Cyclists – bicycle/s and at least one vehicle
- Pedestrians – person/s and at least one vehicle or bicycle
- Road hazards – car accidents caused by potholes, debris or uneven surfaces
- Fixed objects – a vehicle colliding with poles, barriers or stationary objects
What Do Car Accident Claims Cover?
Car accident claims cover several types of compensation, such as:
Physical injury
A personal injury compensation claim includes damages for physical injuries sustained from the accident, such as:
- Limb injuries – broken bones, fractures, sprains
- Body injuries – knee, hip, hand, wrist, face, head, spine, road rash
- Internal damage – blunt trauma resulting in internal bleeding or organ failure
- Disability – partial or permanent disability or impairment
- Fatality – eligible family members can pursue fatal accident claims should the accident result in death
Medical expenses
Claimants (the person making the claim) can seek reimbursement for costs related to treatment, medication and rehabilitation. This includes hospital bills, therapy costs and ongoing care.
Loss of earnings
If your injuries prevent you from working as before, you can claim compensation for lost wages during your recovery period. In severe cases, this can include future loss of earnings if the sustained injuries impact long-term employment.
Out-of-pocket expenses
You can claim for additional out-of-pocket costs such as prescription medicine, live-in nurses or vehicle and home modifications to accommodate mobility problems.
Pain and suffering
Compensation may be given for physical pain and psychological injuries experienced due to the road accident and its aftermath. Post-traumatic stress disorder (PTSD), depression and anxiety are common examples. This type of compensation claim is often subjective and is awarded on a case-by-case basis.
Care costs
You can claim compensation for the cost of care and assistance given by family members following an accident. In serious cases you can obtain compensation for the cost of long term care provided by carers and other support services.
Travel expenses
You can claim compensation for travel expenses should you be unable to get yourself to and from the hospital, doctor appointments and therapy sessions.
Damaged property
A road traffic claim includes compensation for various types of property damage resulting from the accident, such as:
- Personal belongings – if any personal goods are damaged in the accident (e.g. sat navs)
How Much Compensation Can You Claim For A Road Accident?
Road traffic accident claims are based on the severity of your injuries. Here is a rough compensation cost breakdown for common whiplash injury claims:
Less than three months :
- Whiplash only = Up to £2,300
- Whiplash with psychological injury = Up to £4,500
Between 3-6 months:
- Whiplash only = Up to £2,750
- Whiplash with psychological injury = Up to £6,000
Between 6-9 months:
- Whiplash only = Up to £3,500
- Whiplash with psychological injury = Up to £7,500
Between 12-15 months:
- Whiplash only = Up to £6,500
- Whiplash with psychological injury = Up to £14,000
18-24 months:
- Whiplash only = Up to £9,000
- Whiplash with psychological injury = Up to £16,000
How Do You Claim For Car Accidents In Scotland?
Follow this step-by-step guide to claim compensation for road traffic accident injuries in Scotland:
Step 1: Seek medical attention
Your health is your top priority. Seek medical attention from a doctor immediately or visit the A&E for serious injuries. This will help compile a medical record of your sustained injuries to accompany your claim.
Step 2: Contact car accident lawyers
The next step is to seek legal advice from a professional car accident lawyer. Jones Whyte will assess your case, help you gather evidence and start the claims process on your behalf.
Step 3: Gather evidence
Our professional personal injury team will gather the necessary evidence for your case. This includes:
- Accident/police reports, including date, time and location
- Medical records describing your injuries and treatment/s
- Witness statements from anyone who saw the accident
- Photographs, including CCTV footage where applicable
- Compensation calculations based on your sustained injuries
- Third-party details (name, contact info, insurance company, etc.) if someone else’s negligence caused the accident.
Step 4: Submit your claim
Jones Whyte will handle the entire road accident claims process on your behalf. From providing supporting documentation to submissions with the third parties involved, rest assured our professional car accident solicitors have your best interests at heart. We’ll work tirelessly to seek the maximum compensation you deserve.
Step 5: Negotiations
After submitting your car accident claim, the insurance company will do its due diligence and investigate the case. A successful car accident claim results in fair compensation.
Step 6: Court proceedings
If the insurance company disputes the claim or offers a lower settlement, our legal team will prepare the case for court.
Note: You have three years from the accident’s date to make a road traffic accident claim in Scotland. Those under 16 have until their 19th birthday to claim compensation.
Why You Should Consider Making A Road Traffic Accident Claim
There are several reasons why pursuing a road accident claim is worthwhile in Scotland:
- Financial compensation: Medical costs can add up quickly and become financially draining when you don’t expect them. Pursuing a traffic accident claim helps cover your treatment and recovery costs. This includes medical examination fees, medication and lost earnings.
- Accountability: Lodging a personal injury claim ensures negligent drivers/persons are held accountable for their actions. This helps prevent accidents like this from happening in the future, keeping our roads safer.
- Focus on recovery: Dealing with a car accident claim can be overwhelming, on top of everything you need to deal with. By pursuing claims with professional solicitors, you allow yourself to focus on your recovery and healing.
- Peace of mind: You have a no-win, no-fee claim when using Jones Whyte. This ensures your peace of mind as you only pay legal costs if your case is successful.
The Benefits Of Using Jones Whyte’s Car Accident Solicitors
Here are a few advantages of using Jones Whyte when it comes to making a car accident claim in Scotland:
- Legal expertise: Our Glasgow-based law firm is accredited with the Law Society of Scotland, ensuring compliance at every turn.
- Reputation: We proudly stand by our 4.8/5 star Trustpilot rating – a testament to our exceptional team of qualified solicitors and one of Scotland’s leading law firms.
- Tailored services: We understand there’s no one-size-fits-all solution when it comes to car accident claims. We personalise our approach for all our clients to ensure your specific needs are addressed and claimed for. We are able to provide other valuable services to our clients such as Physiotherapy Treatment, Psychological Therapy, and can even arrange for vehicle repairs and replacement car hire.
- Open communication: You can expect open, honest, transparent communication from Jones Whyte. Rest assured we’ll keep you in the loop at every step of the process.
Key Takeaways
- You might be eligible to claim compensation should you sustain injuries from a road accident that wasn’t your fault.
- A road accident is characterised by any incident involving a road vehicle. This can be between motorists, a cyclist or a pedestrian.
- Road accident claims cover various types of compensation, including personal injury, medical costs, out-of-pocket expenses and property damage.
- Compensation is awarded based on the severity of your injuries and the time it takes for you to recover.
- You have three years from the accident’s date to pursue road traffic accident compensation claims in Scotland.
- Jones Whyte’s compassionate car accident lawyers will handle the entire claims process from start to finish. We work on a no-win, no-fee basis so you can focus on your recovery.
Jones Whyte Is Here To Help
You need an expert legal team if you’ve been involved in a road traffic accident and want to claim compensation. Jones Whyte is the law firm you can trust in Scotland. Our personal injury lawyers will guide you through the claims process, ensuring you receive the maximum compensation you deserve. Chat with our legal team today.
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.
