Road Traffic Accident Causes
- The Leading Causes of Road Accidents in Scotland
- Can I Claim Compensation for a Road Traffic Accident, Even if I wasn’t Driving?
- What Injuries Are Covered?
- What if You Share the Fault for the Accident?
- Road Traffic Accident Claims Time Limits
- Road Accidents on Motorways
- What if the Driver is Uninsured or Untraceable?
- What to Do if You Have Been Contacted by an Insurance Agent
- How Could Compensation Help You
- How Claim Solutions Scotland Ltd will Help You Win Your Road Traffic Accident Claim
- How Much Compensation will You Get for a Road Traffic Accident?
- How Long does it Take to Receive Compensation for a Road Accident?
- What are the Chances of My Claim Being Successful?
- No Win No Fee
- Contact Us
In 2012, there were 11,240 road
casualties reported in Scotland.
If you have been injured in a road traffic accident as a result of another driver’s negligence, then you are entitled to compensation. Road traffic accident claims occur every day in Scotland and according to recent government statistics posted on Transport Scotland (http://www.transport.gov.scot/statistics) traffic is on the increase! The estimated volume of traffic on Scotland’s roads was at its highest level in recorded history – 44 billion vehicle kilometres. There were 11,240 road casualties reported to the police that same year, of these 200 were fatal. This was a 16% increase from 2013. Also reported were 1,694 serious injuries and 9,346 lesser injuries such as muscle strains and whiplash.
The Leading Causes of Road Accidents in Scotland
The same study observed 13,493 drivers in Scotland, of which, 7,289 drivers were found using their mobile phone while driving and an additional 6,204 drivers were using it while stopped. This combination of digital distractions and a record number of vehicles on Scotland’s roadways has created a higher risk of being involved in a road accident. With Scotland’s roadways becoming more congested, you need to practice caution while driving. Unfortunately, even the safest drivers can’t avoid every traffic accident and in many cases, you are completely innocent in terms of the fault.
Can I Claim Compensation for a Road Traffic Accident, Even if I wasn’t Driving?
If you have been involved in an accident that resulted in injury, you have a right to compensation. This applies to passengers, drivers, and even pedestrians. Once fault has been established, you may begin the compensation claim. Your compensation claim will only be successful if you can establish that the other driver was at fault and therefore liable. In the case of a passenger, this is usually the scenario because they have no ability to control the circumstances and there are high standards of care imposed on drivers while using public roads. When you have established the driver of the car at fault and have shown your injuries were caused by their negligence then you can claim compensation. You will then be entitled to compensation that provides compensation for your pain and suffering and foreseeable present and future costs.
What Injuries Are Covered?
Road traffic injuries can vary greatly in severity, type, and recovery time. Many injuries, such as whiplash, can take days or even weeks before they are felt and you should visit your GP as early as you can so that there is some form of medical record of your injuries. Road traffic accidents can be violent and the sheer force of a car impacting another vehicle is enough to produce internal injuries that may at first go unnoticed. Below is a list of common injuries sustained as a result of a road traffic accident.
- Whiplash
- Cuts
- Back Injuries
- Wrist Injuries
- Ankle Injuries
- Shoulder
- Kidney
- Liver
- Eye
Whiplash is the most common road traffic injury in Scotland. Whiplash occurs when your body is violently jerked forwards or backwards. This sudden motion causes the tendons in your neck to become strained. If you are suffering from whiplash as a result of a road traffic accident that was not your fault, you are entitled to compensation. Contact us today for a free assessment.
What if You Share the Fault for the Accident?
Never assume that you cannot file for compensation because the accident was your fault. More often than not, you can still make a claim for compensation. Contributory negligence occurs where fault is deemed to be shared between the parties. This means that compensation is reduced by a percentage relative to how much you contributed towards the accident. The courts will take into account your actions and then deduct a percentage from your total compensation.
Road Traffic Accident Claims Time Limits
Road traffic accident claims have to be made within three years from the date of your accident. The earlier you start your claim the greater your chances of success. Start gathering evidence to support your claim immediately. Evidence can come in a variety of forms including; witness statements, video footage, police reports etc. Our professionally trained staff are ready to help you create the strongest case for your road traffic. If we fail to get you compensation then we will completely waive our fee.
Road Accidents on Motorways
The majority of claims settle without the need to be litigated in court. If an agreement can’t be reached, then there is a chance that the claim will need to be lodged at court. When your claim is brought before the Scottish courts, they will hear evidence and make a determination. The courts will examine who violated the road safety rules set out in the Scottish Highway Code to determine who was at fault. Consideration will be made towards your actions and the other drivers. Additional evidence will be reviewed such as witness statements and video footage. Data tracking devices installed on your car or truck such as telematics devices, tachograms or dash cams can provide invaluable evidence in support of your claim.
What if the Driver is Uninsured or Untraceable?
In the case of road traffic accidents where one driver is not insured, or in a hit-and-run scenario, the Motor Insurers Bureau can still provide you with compensation for your injuries. The MIB was created to help deal with the annual costs of uninsured driving accidents and according to recent statistics; this is estimated at approximately £400 million per year. Cases brought to the MIB can take longer than traditional road traffic claims and the amounts awarded are usually less. Regardless, the MIB provides an important service to people who have been involved in an uninsured road traffic accident.
What to Do if You Have Been Contacted by an Insurance Agent
“I was just contacted by my insurance company, what should I do?” This question is easy to answer once you understand the dynamics of the situation. Insurance companies are profit making beasts and have a direct responsibility to their shareholders to retain a high bottom-line. This is done in a couple of different ways such as weeding out false claims but also by reducing the total amounts paid out on legitimate claims. Dealing with these savvy professionals can be difficult and it’s important that you make it clear to them that you want to take your own independent advice. That is why our certified experts put your needs first and guide you through every step of the road traffic accident claims process. They can refer you for proper independent legal advice on your claim, if that is deemed to be necessary.
How Could Compensation Help You
Being involved in an accident and suffering from an injury can negatively affect your life and depending on the severity of your injury, you may not be able to work or even care for yourself. All of this is taken into consideration when compensation is being negotiated or your case is being considered by the court. Here is a list of the primary factors the Scottish Courts will review prior to awarding your compensation.
- Reduction of Mental Capacity
- Loss of Physical Capacity
- Medical Bills
- Future Medical Bills
- Damaged Property
- Pain and Suffering
- Lost Wages
- Loss of Employment
How Claim Solutions Scotland Ltd will Help You Win Your Road Traffic Accident Claim
Our team of experts will give you a fair assessment of your claim and advise you on how to progress the claim forward. Claim Solutions Scotland Ltd understand that road accident claims are a sensitive and private issue. Each claim is examined systematically and a specialist will take individual ownership of your case and give it the attention that it requires. The majority of vehicle collisions fall into these categories:
- Vehicle
- Passenger
- Cycling
- Pedestrian
- Poor Weather
Claim Solutions Scotland Ltd provides you with access to the helpful advice you need and will manage your claim allowing you to focus on the path to recovery. Road accidents can take a toll on your physical and mental state. It’s important to have the right people on your side, to ensure you are properly financially protected.
How Much Compensation will You Get for a Road Traffic Accident?
Injuries sustained by people involved in road accidents can vary greatly and due to this, each case must be reviewed on an individual basis. Your compensation will be based on the type of injury you sustained and the losses that accumulated because of your injury. Compensating for general damages are determined by referencing the Judicial College’s Guidelines for Personal Injury and recent case law. These guidelines are going to be what your insurance company refer to prior to presenting you with an offer. Special damages can be awarded on top of your general damages to compensate you for financial burdens placed on you for care.
How Long does it Take to Receive Compensation for a Road Accident?
In scenarios where your injuries are straightforward, your compensation claims can be resolved within weeks to a few short months. In cases where the injuries sustained are more severe or life changing, the claims process could take much longer. Each case has its own particular circumstances that need to be examined in order to formulate an effective compensation claims strategy. Contact us today to see how long your claim could take to resolve.
What are the Chances of My Claim Being Successful?
If you are not at fault, the chances of your claim being successful are extremely high. This is the best case scenario. When nobody admits, or is found at fault, you may be forced into court proceedings to determine the exact amount of fault each party is responsible for. The moments directly after you are involved in a road accident are critical to compensation claims. If you are in a road accident, you should:
- Make a Police Report
- Contact your Insurance Company
- Document The Damage to Your Vehicle via Photographs
- Gather Statements from Witnesses
- Gather Video from Local Business (CCTV Cameras)
No Win No Fee
Concentrating on fees can inhibit your ability to focus on recovery. Claim Solutions Scotland Ltd operate on a No Win No Fee agreement. This means that you will only pay a fee if your claim is successful. If your claim is unsuccessful then your fees are waived in full. This style of agreement can also be called a CFA or Conditional Fee Agreement.
Contact Us
Contact us to start the claims process today.