Scotland Car Accident Claims Guide – How To Claim Compensation For A Car Crash Injury In Scotland?

Scotland car accident claims guide

Scotland car accident claims guide

When you’re involved in a road traffic accident in Scotland, you might be able to use a No Win No Fee personal injury lawyer to help you claim compensation for any injuries you sustained. Claiming for your injuries is only possible if another road user was negligent and caused the accident to happen. In this guide, we’re going to look at when a personal injury claim might be possible, what amount of compensation you could be entitled to, and the types of injury you could claim for.

Here at Accident Claims UK we have a team of advisers who can offer free advice about claiming for a Scotland car accident. They can provide a no obligation assessment of your claim to help decide whether you could claim or not. Therefore, if you would like to start your claim right away, why not call our team of specialists on 0800 073 8801 today?

If you’d prefer to find out more about how we could help you claim for a Scottish car accident before you call, please continue reading.

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A Guide To Scotland Car Accident Claims

According to Scottish transport statistics, people travelled, on average, for 367 hours in 2008/9, and 70% used a car or van to travel to work, and around 48% of school children travelled to school in car, van or bus. With that number of hours spent on the road, it’s perhaps inevitable that accidents happen.

While there are many rural roads in Scotland where a car accident might occur, you could also be involved in a road crash in Scotland while using the M8 motorway, or any of the major A roads such as the A8, the A82 or the A9 in the Highlands.

In this guide, we’re going to look at what might cause a Scotland car accident, what injuries are common, and the different amounts of compensation awarded for different injuries.

We’ll also look at what you need to do if you’re involved in a road traffic accident (RTA), how to claim when a driver is uninsured, and the time limits involved with making a claim.

Personal injury claims could be possible if you’re involved in a road crash in Scotland if the accident was caused by another road user’s negligence, and it caused you to be injured. Our solicitors are specialists in claiming for road crash compensation and always try to ensure you’ll receive the right level of damages for your injuries.

When you’ve finished reading this guide, if you believe that your injuries were caused by another road users mistake or negligence, please call the number at the top of the screen so that we an help work out whether you could make a claim or not.

What Is A Scottish Car Accident Claim?

Car accident claims in Scotland are those where another driver was careless, negligent or deliberately caused an accident in which you were injured. Every road user has a duty of care to others, and if they breach that duty of care, they could be liable to be sued for any suffering they’ve caused.

Claims can also be made if you were partly to blame for the accident. In these cases, you’ll agree how much your actions caused the accident (as a percentage) and then the compensation will be reduced accordingly.

Scottish Road Traffic Accident Black Spots

As in all parts of the UK, there are some roads which are known to be black spots where accidents occur more commonly than others. A Scotland car accident appears to be more likely in these black spots, and might result in highways agencies taking steps to reduce the risks. This could include lowering speed limits, improving signage or installing speed cameras.

One report showed that on two of the main roads through Scotland (the A9 and A82), there were numerous black spots where more than 4 collisions in a five year period occurred. However, there were four areas where more than 10 collisions occurred. These black spots were:

  • Tain Asda Junction (14 incidents)
  • Ramscraigs (10 incidents)
  • Fort William and Inverlochy (13 incidents)
  • Corrychurrachan (10 incidents)

Source: www.pressandjournal.co.uk/fp/news/highlands/1548355/new-figures-reveal-accident-blackspots-on-a9-and-a82/

While that report concentrates on two particular roads, a road traffic accident in Scotland is more likely to occur in places like Glasgow, Edinburgh, Paisley, East Kilbride, Dundee, Aberdeen and Cumbernauld.

Our team can help with a car accident claim in any part of Scotland, not just those listed. Please call for a free assessment of your claim.

How Do I Report My Car Accident In Scotland?

Under Scottish law, you’re obliged to report a car accident to police if anybody is injured. Failure to do so could result in up to 10 penalty points on your driver’s licence, and a fine of up to £2,500. You’re also obliged, by law, to provide your details to anybody else involved in the accident.

When considering a Scotland car accident that you want to claim compensation for, you’ll need evidence to support your claim. Therefore, we recommend:

  • Swapping details with the other driver
  • Taking photographs of the accident scene before vehicles are moved away
  • Reporting the accident to police
  • Visiting your GP or a hospital for treatment
  • Asking witnesses for a statement

As much of this is required, it is worth noting that police incident reports, medical records and witness statements can all be used as evidence to try and establish the cause of the accident and would strengthen a car accident Scotland claim.

What Are The Most Common Causes Of Car Accidents?

While we could help with any car accident claims, here are some of the more common reasons for a Scotland car accident:

  • Driver Error
    Unsurprisingly, mistakes by drivers cause accidents. The most common mistake is not looking properly. For instance, collisions can be caused when incorrect observations are made pulling out from a junction and overtaking. One reason for observational errors is tiredness. Even after safety campaigns, some drivers simply drive long distances without ever taking a break
  • Bad Habits
    While many of us think we’re good drivers, lots of us pick up bad habits over the years. Examples include driving too close to the car in front, exceeding the speed limit and cornering too fast. As a result of any of these, accidents can and do occur
  • Driving Behaviour
    Again, as with bad habits, driving behaviour can lead to accidents. A common reason for accidents in this category is not paying attention because you’re doing something else. While most people know it’s illegal to use a mobile phone while driving, they still do it. Other distractions include eating while driving and operating the car radio
  • Drink or Drug Driving
    Most people know the dangers of drink driving. They also probably know it’s illegal. However, some people get behind the wheel because they feel OK or think they’re below the limit. The problem is that alcohol impairs judgement so while you might feel OK, it can encourage risk taking. Ultimately, if you’re over the limit, your ability to react to dangerous situations will be impaired

Road traffic accidents involving pedestrians are fairly common. They can be caused because the pedestrian didn’t spot a car and just stepped out. Also, it could be because the driver didn’t spot the pedestrian due to dark clothing and no street lighting.

What Are The Most Common Injuries From Road Traffic Accidents?

Now that we’ve covered the more common causes of a road traffic accident in Scotland, here are some of the more common injuries:

Spinal Injuries

A collision from behind can lead to serious spinal injuries. This type of back injury can be life-changing and require ongoing care and treatment.

Facial Injuries

A number of facial injuries are possible in an RTA. These include broken jaws, puncture wounds, cuts, lacerations and eye injuries. Some facial injuries can cause psychological issues which could be included in your claim.

Fractures And Breaks

It is fairly common for legs, arms, hands or feet to be fractured or broken during a traffic accident.

Loss Of Limbs

In some cases, where a limb has been crushed beyond repair, it might have to be surgically amputated. In other cases, a traumatic amputation might occur as a result of the accident.

Claim Compensation For A Whiplash Injury From A Scottish Car Accident

Whiplash occurs following collision which causes the head to whip forwards then backwards suddenly. Damage can be caused to the neck, shoulders and top of the arms. While minor whiplash can be treated with pain killers, more serious cases will require specialist advice from doctor.

To begin a whiplash claim today, please call our advisers for free advice on your options.

Claim Compensation For A Head Injury From A Scottish Car Accident

A head injury could occur in a Scotland car accident even if the airbag is deployed. Symptoms can range from concussion to a traumatic brain injury. The problem with a brain injury is that there might not be any visible symptoms. Therefore, care should be taken following any impact to the head until you’ve received an assessment from a GP or hospital doctor.

If you’ve suffered any form of head injury in a car accident and would like a personal injury solicitor to help you make a claim, please gather as much evidence to support your claim and then speak with an adviser today.

Claim Compensation For Internal Injuries From A Scottish Car Accident

Damage to an internal organ following a Scotland car accident is another one that might not be immediately obvious. An internal injury or internal organ damage probably won’t have any visible symptoms and pain might be masked by adrenaline or pain relief that’s been provided for other symptoms.

How To Claim For Accidents Caused By Uninsured Drivers

It’s a well-known law that to drive a motor vehicle on UK roads, you need to have a driver’s licence and insurance cover too. However, there are people who choose to flout the law and drive uninsured.

If you’re involved in an RTA with an uninsured driver, you might think that you’d have to claim against your own insurance policy. However, the insurance industry provides funds to a scheme call the Motor Insurers Bureau (MIB). This means, even if a driver is uninsured, you could still claim for any injuries.

Our solicitors could help you claim via the MIB scheme, so please get in touch with details of your claim. You’ll need the vehicle registration number of the other car and we recommend that you report the accident to the police.

How Long Do I Have To Claim Compensation For My Scottish Car Crash?

In Scotland, the personal injury claims time limit is 3-years in normal circumstances. This period either starts on the day of your accident or from when you find out about your injuries.

One exception to this rule is for claims involving children. A parent or responsible adult could claim on behalf of their child at any point before they turn 18. If they go down this route, any compensation awarded will be checked by local courts to ensure it’s fair. Also, the compensation will be placed into a trust fund managed by the courts.

If a parent doesn’t claim, when the child becomes an adult, they have up till they are twenty one to file a claim.

Scotland Car Accident Personal Injury Claims Calculator

The personal injury claims calculator table below shows how much compensation could be awarded for certain injuries.

InjurySeverityCompensation RangeAdditional Notes
HandsSerious£27,220 to £58,100This range covers injurie which cause 50% loss of function. For instance, where fingers are amputated and re-attached.
HandsModerate£5,260 to £12,460A range that covers injuries like penetrating wounds and deep lacerations.
ArmsLoss of both£225,960 to £281,520One of the most severe compensation brackets that covers complete loss of both arms which results in a state of consisderable helplessness.
ArmsLoss of one£102,890 to £122,860This bracket covers an above elbow amputation causing difficulty in using a prosthesis.
ArmsModerateup to £11,820A range that compensates for elbow fractures, lacerations and simple arm fractures.
Foot Moderate£12,900 to £23,460Injuries that result in a risk of long-term oesteoarthritis.
FootModestup to £12,900Includes injuries such as puncture wounds and simple metarsal fractures.
LegsLoss of both£225,960 to £264,650Compensation to cover the amputation of both legs are lost above the knee.
LegsSevere£90,320 to £127,530This bracket covers injuries where the leg isn't amputated but the injuries are so severe meaning that the effect is the same.
NeckSevereIn the region of £139,210This compensation covers a severe neck injury resulting in incomplete paraplegia or no movement in the neck having worn a neck collar for 24-hours a day over a number of years.
NeckModerate£23,460 to £36,120This bracket includes disclocations and fractures of the neck with severe symptoms and which could lead to spinal fusion.
NeckMinor£4,080 to £7,410Includes soft tissue type injuries where full recovery happens between 1 and 2 years.
ShoulderSevere£18,020 to £45,070Compensation for neck injuries where the brachial plexus is damaged causing significant disability.
ShoulderMinor£4,080 to £7,410Compensation for soft tissue damage where full recovery occurs between 1 and 2 years.
BackSevere£85,470 to £151,070This range covers severe spinal injuries causing incomplete paralysis and result in impaired bladder, sexual and bowel function.
Back Minor£7,410 to £11,730Injuries that result in full recovery, without surgery, within 2 to 5 years.
PelvisModerate£24,950 to £36,770 This range covers asignificant pelvis or hip injury that results in a minor permanent disability.
PelvisMinorUp to £3,710Compensation paid for minor tissue damage injuries which fully recover.

Each injury is assessed by severity and compensated accordingly. Therefore, your solicitor needs to be able to prove exactly how you were injured and the impact that your injuries had on you. That’s why our solicitors insist on a medical assessment performed by an independent doctor. Their report, alongside other medical evidence, can be used to try and ensure you receive the full amount of compensation that your injuries warrant.

Additional Forms Of Compensation You May Be Awarded

When you make an accident claim in Scotland, there are number of different parts to a claim when it comes to working out compensation. These include:

  • General Damages – These are paid to cover the pain and suffering caused by your injuries
  • Medication Costs – You could claim back the costs of prescriptions and also over the counter treatments
  • Professional Care – Some people’s injuries require professional care to help them recover. Therefore, these costs could be claimed back
  • Travelling Costs – It can be costly when you have to travel to and from medical appointments. Also, you might have use alternative modes of transport if your injuries prevent you driving. Therefore, travelling costs could be claimed back
  • Lost Earnings – You might lose money because you need time off work to recover. If that’s the case, you could include these losses in the claim

When claiming for financial losses, it’s important that you try to provide evidence. These would be required to support your financial losses which you would claim back as special damages. Therefore, try and keep hold of receipts to demonstrate how much you’ve spent. Also, if you’ve lost earnings, keep hold of any pay slips which show how much was deducted.

No Win No Fee Scottish Car Accident Claims

It’s quite common for people to worry about the cost of claiming compensation. In fact, it can put people off claiming altogether. That’s why our solicitors offer a No Win No Fee service for any claim they take on.

When the solicitor agrees that your case is strong enough, you’ll both sign a Conditional Fee Agreement (CFA). This is the legal document which protects you as it states that you won’t pay the solicitor’s fees unless they win compensation for you. Also, it will explain what success fee you’ll pay if they do win the case.

The success fee is a percentage of your compensation. It’s deducted before the settlement is sent on to you meaning that you don’t need to have the money available to cover the solicitor’s fees yourself. If you don’t win your case, there would be no success fee to pay.

We believe that our No Win No Fee services enable more people to claim. That’s because they reduce a lot of the stress, as well as the financial risk, when making a claim.

How To Start A Scottish Car Accident Claim

So now that you’ve read this guide about claiming for a Scotland car accident, here are some reasons you should use Accident Claims UK:

  • We provide free claims advice and a no obligation assessment of your claim
  • Previous clients have given us excellent feedback
  • Our solicitors always try to resolve a claim as efficiently as possible
  • Also, they’ll try to ensure you receive the maximum amount of compensation possible
  • Our team of solicitors have up to 30 years’ experience in handling personal injury claims

If you’d like more information about how we could help you claim, please get in touch with an adviser today.

Contact A Scottish Accident Claims Specialist

We hope that you’re now ready to begin your compensation claim today. If so, here are the methods you can use to get in touch with us:

  • Call our team of advisors, for free, on 0800 073 8801
  • Send an email, with the details of your road traffic accident in Scotland to office@accidentclaims.co.uk
  • Use the live chat feature of our website. You’ll be connected with an adviser straight away
  • Finally, you could fill in our online claims form so that we can call you back

Our accident claims line is open 24-hours a day, 7-days a week. Therefore, please feel free to get in touch whenever it’s convenient for you. Remember that however you contact us, we’ll assess your claim with no obligation and provide free legal advice. We could then introduce you to a personal injury solicitor who could help you make a No Win No Fee claim.

Essential Links

Here are some additional links, resources and articles that we hope you’ll find useful.

MIB The Motor Insurers Bureau – This is the scheme mentioned earlier in the guide which could allow you to claim when the other driver wasn’t insured. Also, it could be used in hit and run claims too.

Whiplash Information – Information from the NHS about the symptoms, diagnosis and treatment that’s available for whiplash injuries.

Scotland Road Safety – Guidance from Police Scotland regarding road safety. Includes information for new drivers, winter driving advice and guidance for motorcyclists too.

Head Injuries – This guide takes a closer look at different types of head injuries and how much compensation could be paid for them.

Amputation Claims – Information on the causes of amputations and also what could affect the compensation paid.

Whiplash Injury Claims – A guide covering when you might be able to claim compensation for a whiplash injury.

Victim Support Resources

Finally, in case you require further support, here are some organisations in Scotland that you might find helpful.

Victim Support Scotland – A support agency in Scotland that offers support for anybody affected by crime.

Kinship Support Scotland – This organisation provides support groups across the whole of Scotland, no matter what type of support is needed.

If there is any more information that you require, please call an advisor today.