Ice or Snow Car Accident Claims
Snow Car Accidents
- Can I Claim Compensation If I was Injured in an Ice or Snow Car Accident?
- How Can I Prove I am Not At Fault?
- What If I Am Partially at Fault for the Accident?
- How Long Do I Have to Lodge A Claim?
- What Type of Injuries Can I Claim?
- What If the Other Driver Is Uninsured?
- How Can Compensation Help Me?
- Conditional Fee Agreements – No Win No Fee
- Why Claim Solution Scotland is the Right Choice
- Start Your Claim
According to the 2015 Scottish Transport statistics, ice or snow car accident claims have increased when compared to a decade ago. In Scotland, bad weather is a reality we all must face and in 2017 alone, there were 4,584 people slightly injured, and 544 people seriously injured, in road traffic accidents.
Winters can give way to harsh weather and when the roads are covered in snow and ice they are inherently more dangerous. Drivers travelling through bad weather conditions may experience reduced visibility as well as slippery roadways. This combination can create an environment prone to accidents.
Can I Claim Compensation If I was Injured in an Ice or Snow Car Accident?
In order to lodge a claim, you will need to prove the government agency responsible failed to do their “duty” and this resulted in your injuries. You will also need to prove your injuries were a result of the accident. The Highways Act 1980 states that local authorities have a duty to drivers to keep the roads safe and passable. In addition, the Highways Agency has the same responsibility to keep Scotland’s roads safe and free of hazardous scenarios.
How Can I Prove I am Not At Fault?
Every snow car accident claim must be reviewed on an individual basis so the facts can be assessed and a viable claims strategy can be formulated. If your accident occurred on a rural road, it is going to be more difficult to lodge a claim. This is because the authorities have given each road a level of priority. If the road is deemed as a primary route, it will be one of the first to be cleared. It is reasonable to expect this level of road to be maintained properly. Roads not deemed as primary routes, may not be cleared. You will need to prove the roadway had more than 40% coverage and that the road is considered a primary roadway. You will also need to prove that the local authorities failed to take “reasonable steps” to ensure the safety of the drivers on the road. These steps may include:
- Observing Weather Forecasts
- Warning Signs
- Closing Dangerous Roads
- Snow Clearance
- Gritting
What If I Am Partially at Fault for the Accident?
You can still lodge a claim if you are partially at fault for your accident. Drivers are expected to travel with increased safety during hazardous weather conditions. You can be held liable for your actions if you fail to adjust your driving to accommodate for the weather conditions. A thorough investigation will be required to determine the exact amount of blame you share. Once your percentage of blame has been established, this will be reduced from your total compensation. This is known as a split liability agreement.
How Long Do I Have to Lodge A Claim?
In Scotland, you have 3 years from the date of your accident to make a claim. Since ice or snow car accident claims require you to produce time-sensitive evidence, you will have a greater chance of success by starting your claim sooner rather than later. The moment you get into a road traffic accident you need to start your claims process by taking down the information of any witness or business that may have CCTV footage of the incident. Pictures should be taken to show the roads neglect. Anything that proves your claim should be considered valuable evidence. Here are a few examples of valuable evidence you can use to corroborate your claim.
- Witness Statements
- Video Footage
- Police Reports
- Medical Information
What Type of Injuries Can I Claim?
If you are injured because a government agency failed to keep the roads safe then you are entitled to compensation. This can be in the form of general and special damages. Special damages include your medical bills, property damages, and other economic losses. Whereas, general damages are noneconomic losses such as pain and suffering. These are the most common bodily injuries resulting from an ice or snow accident.
- Whiplash
- Cuts
- Back
- Wrist Injuries
- Ankle Injuries
- Shoulder
- Kidney
- Liver
- Eye
What If the Other Driver Is Uninsured?
If you are involved in an ice or snow car accident with an uninsured driver then you will need to lodge your claim with the MIB. The Motor Insurer’s Bureau may be the only way for you to receive compensation for your injuries if the other driver was uninsured. This process can take longer and yield less compensation than traditional court proceedings but for many it is the only recourse.
How Can Compensation Help Me?
Compensation can be critical in guaranteeing you have access to the medical and financial resources needed for a quick and speedy recovery. The Court will review the severity of your injuries and take into consideration any additional losses you have incurred as a result of the accident. At this time, the Court will consider compensation for:
- Reduction of Mental Capacity
- Medical Bills
- Future Medical Bills
- Loss of Physical Capacity
- Damaged Property
- Pain and Suffering
- Lost Wages
- Loss of Employment
Conditional Fee Agreements – No Win No Fee
In the rare occurrence that you don’t secure compensation Claim Solutions Scotland Ltd will waive all fees. Road traffic accidents can be extremely stressful and the negative effects of stress can reduce your ability to recover. No Win No Fee agreements allow you to focus on recovery without worrying about fees.
Why Claim Solution Scotland is the Right Choice
Claim Solutions Scotland Ltd understands the importance of your claim and what compensation can mean to anyone injured in an accident. Each case is assigned a personal claim advisor who can help guide you through the claims process. We are familiar with the steps you must make along the way to receive your compensation and we can help you to formulate the most effective compensation plan possible.
Start Your Claim
Our expert staff are ready to guide you through the claims process.
