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Car Accident Claims Scotland Guide – How Much Compensation Can I Claim? 2019 Update

Find out if you can make a car accident claim, Scotland

If you have been involved in a car accident as either the driver, passenger or other parties (such as a pedestrian) and have suffered an injury, you could be entitled to make a car accident claim, Scotland using an experienced personal injury.

Car Accident Claims ScotlandCar and road traffic accidents can be caused by a very wide range of different circumstances and similarly, the injuries suffered can also be very varied. You could have hit another vehicle due to their negligence or been hit by another vehicle whilst stationary. You could even have been the passenger in a car accident or could find that the other driver was uninsured or simply drove off, not leaving their details.

No matter the circumstances of your car accident claim, Scotland or the injuries you have suffered, you could be entitled to make a compensation claim. If you have been involved in a car accident get the medical attention you need, report the accident to the police and then reach out to the team at Legal Expert.

Call us on 0800 073 8804 and start your compensation claim today.

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A guide to car accident claims, Scotland

In the guide below we will take you through the process of making a personal injury claim inn Scotland for a car accident that you have been a victim in, suffering an injury. Car and road traffic accidents can happen when a car hits another vehicle, a person or an object. Whilst they could be caused by drink driving or by the reckless actions of another driver, they can also be caused by poor road conditions and surfaces or adverse weather, such as driving rain and ice.

Top 5 causes of road traffic accidents, Scotland

Whilst there are many factors which can contribute towards an accident happening, there are some which happen again and again. A recent report by the UK government detailed the main causes of road traffic accidents in Scotland and across the UK. The top five causes are as follows;

  1. Driver error: driver error was cited as a major contributing factor in as many as 71% of all road traffic accidents.
  2. Inexperience or poor behaviour: the same report highlighted that as many as 25% of all RTA’s were caused by inexperienced or aggressive driving.
  3. Injudicious action: this category includes things such as speeding, having poor driving habits or other forms of dangerous driving.
  4. Destruction or impairment: this can include the driver being impaired due to alcohol or another substance or distracted in some way and so not paying attention to the road.
  5. Pedestrians: pedestrians were identified as the main cause of an accident in 12% of cases. It is therefore important that drivers pay due and care and attention to pedestrians around them.

The most common injuries leading to car crash claims in Scotland

For each person who is killed in a road traffic accident in the UK, a further ten people will suffer some form of serious injury road traffic accident Scotland statistics show that this is similar in Scotland. The top five most common injuries suffered in a car crash are as follows;

Facial injuries: including cuts or puncture wounds to the skin, broken facial bones, and a dislocated jaw. They may also include eye injuries, possibly leading to blindness.

Spinal injuries: road traffic accidents are the largest cause of injuries to the spinal cord and there are hundreds of new cases per year in the UK who are admitted to specialist spinal injury centres.

Head injuries: road traffic accidents account for as many as 40% – 50% of all head and brain injuries and are generally the cause of more serious head injuries.

Injuries to internal organs: road traffic accidents can lead to massive and severe internal injuries. However, internal injuries, such as internal bleeding, may not be immediately noticeable and could, therefore, last a long time before being treated.

Loss of a limb: losing a limb is one of the most serious and traumatic injuries a person may suffer. For many people with these injuries, the results will be life changing not just for them, but also for their family and friends who may have to help care for them.

Reporting a car accident in Scotland

Whether you were the responsible for the accident or not you should report the accident to Police Scotland at the earliest possible time. If you were responsible or partially responsible for the accident you have a legal duty to do so. If you were not the responsible party, you should still contact the police to ensure that the incident is logged with the police. This can help to form evidence in your claim and you will be supplied with a crime number.

Whiplash compensation Scotland

Car Accident Claims Scotland

Graph by www.gov.scot

Whiplash is the most common form of a neck injury that people sustain in a road traffic or car accident and whiplash compensation Scotland is one of the most common forms of personal injury claim. People will generally make a whiplash claim in Scotland after a car accident. The forces involved in a car or other vehicle accident can throw your head and neck in a violent way. As well as the potential for a head injury, this can also cause the neck muscles to be under extreme strain and stresses. The result of this can be lingering pain and tenderness, commonly called whiplash. A whiplash injury may need long-term treatment and physiotherapy to help the neck heel. Each day in the UK as a whole, there are over 1,500 compensation claims made for whiplash injuries, resulting in around £2 billion in compensation being paid out per year and is one of the most common types of personal injury claim.

Head injuries from a road traffic accident, Scotland

Brain and head injuries are one of the leading types of injuries which people suffer in a road traffic accident and as such is a leading source of car accident claims Scotland. A traumatic brain injury (also known as a TBI) means that the tissues in your brain have been damaged in some way. In such cases, it is usually caused by an external force such as a collision at speed.

Head injuries resulting from a road traffic accident could be as mild as a concussion which you will be able to recover from after a few weeks or a few months, all the way through to a permanent and even life-changing brain injury. If you suffer lasting brain damage it will change both your own life as well as that of your family and friends. The consequences of this can be very hard to take and the stress of it can be serious and lasting or you and your family. As such, you deserve to be able to claim compensation for your injuries as well as any future medical care you may require.

Internal injuries from a car crash

Severe internal injuries can result from a road traffic accident in Scotland, as anywhere else. Damage to the internal organs can be especially acute if you were not in the vehicle at the time of the accident and are more likely to be severe if you were a pedestrian, motorcyclist or a biker. If you have been physically thrown by the impact of the accident on another vehicle or the pavement you could suffer mild to severe internal injuries as a result.

Internal injuries can include punctured organs, such as the lungs, kidney, liver or even the heart. Other parts of your internal anatomy can also suffer extensive damage. Even as a passenger or driver of a vehicle wearing a seat belt you can suffer internal injuries. You could suffer milder internal injuries as a result of safety equipment such as your seatbelt or the car airbag.

In the worst cases, internal injuries will either be life-changing or even fatal. If this is the case you or your family will be able to claim compensation.

Car accident claims against an uninsured driver

Whilst Scotland is a separate legal jurisdiction to the rest of the UK, many laws are similar, such as the requirement for all drivers in Scotland to have an adequate driver and vehicle insurance. This is to ensure that in the event of an accident, the victim will be able to get compensation for damage to their property or for personal injuries.

The driver is not insured, but another party is. In certain accident and injury claims whilst the driver may not have insurance someone else may. A good example could be the owner of a vehicle having insurance, but the person driving it at the time not being insured. The owners’ insurance provider will meet any expenses and compensation claims. This means that even if the driver is not insured on this vehicle, as long as the vehicle itself is, any victims will be able to seek compensation through this policy.

The Motoring Insurers Bureau, car accident compensation in Scotland can also be sought through this organisation. The MIB is liable for paying compensation to people who suffer damages or injury by an uninsured driver. This means that even when a driver is not insured, most accident victims will be able to make a compensation claim against the bureau. This right even extends to passengers of the uninsured driver.

Car accident compensation claim time limits

Whether in Scotland, the rest of the UK, or in other countries if you need to make a claim for a car accident in Scotland, you need to do so within the legal time limit. After the end of this time limit, even if your claim is valid, you will not be able to make a compensation claim. At the moment after a car accident in Scotland (or any personal injury) you will have three years in which to make a compensation claim. However, the Scottish government has signaled its intention to raise this limit to five years in the future. The three-year rule is currently in place across the UK at the moment to help ensure that claims are processed in a quick and timely way. This is better for the victim, getting them the compensation that then needs and is also better for the defendant as they are also not left in limbo.

If you have experienced any form of personal injuries, such as a car accident, you should not delay in making your claim. Your first steps should be reporting a car accident in Scotland to the police and getting the medical attention you need, before moving on to contact a solicitor.

How much car accident compensation Scotland am I entitled to?

The amount of car accident compensation in Scotland you are entitled to claim will depend on the nature, extent, and severity of the injuries that you have suffered. In the UK different bodies publish guidelines on the amount of compensation that a particular injury is worth. The more serious the injury the greater the level of compensation that you could be entitled to claim.

In the table below we have included some of the most common injuries, people suffer in car accidents as well as the maximum and minimum amounts of compensation that each injury and level of severity will pay out.

Injury TypeSeverityCompensation Band
Whiplash Medium / SeriousAround £,3000 to £6,000 +
Shoulder InjuryMinorUp to £6,000
Shoulder InjuryModerate£6,000 to £9,700
Shoulder InjurySerious£9,700 to £14,600
Shoulder InjurySevere£14,600 to £36,500
Spinal Injury (Paralysis)Quadriplegic£246,750 to £307,000
Spinal Injury (Paralysis)Paraplegic£166,500 to £216,000
Neck InjuryMinorUp to £6,000
Neck InjuryModerate£6,000 to £29,250
Neck InjurySerious£34,575 to £112,750
Arm InjuryModerate£14,600 to £29,800
Arm InjurySerious£29,800 to £45,500
Arm InjurySevere£73,100 to £99,500
Back InjuryMinorUp to £9,500
Back InjuryModerate£9,500 to £29,475
Back InjurySevere£29,475 to £122,350
Jaw InjuryMinor to Severe£4,900 to £34,600
Cheekbone InjuryMinor to Severe£1,775 to £12,000
Damaged TeethMinor to Severe£830 to £29,000
Leg InjuryModerate£21,100 to £29,800
Leg InjurySerious£29,800 to £41,675
Leg InjuryVery Serious£41,675 to £64,275
Leg InjurySevere£73,150 to £103,250
Brain InjuryMinor£1,675 to £9,700
Brain InjuryModerate£32,725 to £166,500
Brain InjurySevere£166,500 to £214,350
Brain InjuryVery Severe£214,350 to £1 Million +

This information is provided for illustrative purposes and the exact amount of compensation you will be awarded may differ from this.

How to start a car accident claim Scotland

The first step in making a car accident claim in Scotland, or elsewhere in the UK is the same. You need to reach out to a solicitor or legal firm such as Legal Expert. If one of our team confirms that you have a valid personal injury claim, they will be able to work with you on a no win, no fee bases (see later for this).

To make a successful claim, the solicitor will need to establish which party is at fault, demonstrating that the other party in the claim was. They will gather evidence to do this and that they were the cause of the accident which led to your injuries. They will show that the other driver was at fault, either through negligent driving, were under the influence of some form of substance (alcohol or drugs) or that they were not paying due care and attention whilst driving. If your car accident was caused by poor road conditions, such as a large pothole the claim will be made against the body responsible for maintaining the roadway in this area.

Next, your solicitor will estimate how much your car accident compensation Scotland should be worth. They will consult documents on Jurisdictional Injury Compensation awards in Scotland to establish this. They will take into account your injuries, your medical costs and any other expenses you suffered, any damage to personal property and any other out of pocket expenses you have experienced.

The expert team and Legal Expert will work hard to help you start your claim and to get you the compensation you deserve.

Car accidents happen a lot in the following cities

As with the rest of the UK, there are areas (often called road accident claim Scotland black spots) in Scotland where road traffic accidents and injuries are more likely to happen. According to figures which have been published, we can see that the Scottish area of West Aberdeenshire and Kincardine has the second worst rate of accidents and injuries in the UK. The casualty rate here is 82% higher than the UK national average.

Car accidents in Scotland happen a lot in these cities.

  1. Glasgow,
  2. Edinburgh,
  3. Aberdeen,
  4. Dundee,
  5. Paisley,
  6. East Kilbride,
  7. Inverness,
  8. Livingston,
  9. Hamilton,
  10. Cumbernauld

If you have suffered an injury as a result of a motoring or road traffic accident in any of these areas, or the rest of Scotland, don’t hesitate to contact Legal Expert to start your car crash claim Scotland.

Why use a no win, no fee solicitor?

Personal injury or compensation claims can often be carried out under what is called a no win, no fee agreement or conditional fee agreement. This is a special type of contract or agreement which is often offered by personal injury lawyers to claimants across the UK, whether in England and Wales or in Scotland. Making a road accident claim in Scotland using a no win, no fee solicitor means that you will not be charged any fees at the start of your claim (such as a retainer) or whilst the claim is being carried out. The conditional fee agreement with your solicitor will also set out the work that the solicitor will do for you. It will also set out the conditions under which their fee is due. This is commonly known as a success fee and will be payable if the case is won and damages are awarded. Your legal fees will commonly be deducted from the final settlement.

The biggest benefit for those making a claim is that a no win no fee agreement removes any financial pressures that you may have otherwise faced. The no win no fee agreement will specify the amount of fees that will be due if the claim is successful. If the claim is lost then the contract will set out that the solicitor will not expect to be paid for their services. Prior to their introduction, claimants may have been concerned as to having to face large legal bills or having to pay a very large chunk of their award in fees to the solicitor. To start your case, speak to the specialist solicitors at Legal Expert today by calling our team on the number below.

Why choose Legal Expert for your claim?

Even when you are in the right, such as when making a car accident claim in Scotland, the process can seem difficult, lengthy and even daunting. People can be worried about having to navigate difficult legal process and terminology. To do so without the hassle, you need to work with the best personal injury solicitor you can. Our highly professional team can help you to successfully get car accident compensation in Scotland.

Our team will be with you at every step of the way to advice and guide you through the claims process. The solicitor which we can provide will do all the work, whilst you concentrate on your recovery, and getting back to normal. The solicitors we work with have years or even decades of experience in recovering damages in personal injury cases across the country, and can work with you under a no win, no fee agreements. We will begin by offering you a consultation during which we will assess whether you have a viable claim, and if so set out how our team can help you. At the same time, you will be able to ask us further questions about how our services works. Claimants choose to work with Legal Expert for many different reasons. If you choose to do so, you will have access to a wealth of legal experience and knowledge from a winning team.

Contact our specialist team today by calling 0800 073 8804. You can also email us on info@legalexpert.co.uk, or start the claims process by filling in the form on this page.

Useful links

Police Scotland
How to contact Police Scotland and the best way to report a road traffic accident in Scotland.

Personal injury claims Scotland
Advice and information about how to make a successful personal injury claim for compensation in Scotland using one of the expert solicitors we can provide.

Whiplash injuries and claims
You can find further information on whiplash injuries and making a whiplash compensation claim in our guide.

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