If you have been involved in a road traffic accident in Scotland, you may be aware that in some cases, you can claim compensation for any injuries and vehicle damage you have suffered as a result.
But, in reality, you can actually claim compensation for more than just that.
At Oakwood Scotland Solicitors, we can help you claim compensation for many losses incurred because of the accident, to ensure you reclaim all the damages you are entitled to.
In this article we round up some of the other expenses we can pursue on your behalf, as well as explaining what they are.
Aside from being able to make a claim for personal injury, we can assist you in recovering the following types of expenses:
- Damage to your motor vehicle – This could be the cost of the repairs, or pre-accident value of the vehicle if it is deemed a total loss.
- Policy excess – Subject to evidence of the loss, this can be claimed from the third-party insurers.
- Medication costs – Subject to receipts, this is recoverable from the third-party insurers, providing that it is deemed that it was necessary to incur the expense.
- Treatment costs – If you required physiotherapy as a result of the accident, we can recover this from the third-party insurers. If following examination surgery is recommended – if so, we can obtain suitable quotations and seek the funding for that surgery from the third party insurer.
- Loss of / damage to clothing and personal effects – These can become damaged in an accident. Whether it be torn clothing or a broken electronic device, we would always recommend keeping the item as evidence and taking photographs in case third-party insurers want to see it. If you purchase a new item to replace it, keep the receipt. Equally if the emergency services has to remove your clothing for treatment, the cost of this clothing is recoverable.
- Lost earnings – Unable to work due to injury? We can claim this from third-party insurers. Wage slips if you are employed and profit and loss accounts, if self-employed can be used to calculate the loss. The accident may have affected your ability to work in the future – subject to supportive medical evidence, a claim can be submitted to third-party insurers.
- Travel expenses – We are able to include travel expense claims. This may be trips to physiotherapy, doctor or hospital appointments, taxi or bus fare, or petrol expenses.
- Vehicle diminution – Your car may have lost market value due to being damaged and repaired. We can recover this loss for you by obtaining a specialist Engineer’s Report. (see information about vehicle Diminution). These claims tend to be for classic cars or prestige and performance vehicles which have a degree of scarcity to them. The principle being that the damage sustained by the vehicle has taken it from being an original factory condition, such as it would have been leaving the factory several years or decades ago, to now being an accident damaged and repaired vehicle. In other words, the provenance of the vehicle has been materially affected, resulting the vehicle being valued at a lower price now that it would have been if the accident had not taken place.
- Care and assistance – It may have needed assistance with gardening, cleaning, cooking, washing or personal hygiene. Whether this was from a professional, a family member or a friend, this can be claimed from the third-party insurers. The same may apply to future care and assistance.
- House alterations – Your injuries may be substantial enough to warrant alterations to your home. Whether this is widening doors or fitting ramps or handrails, these costs can be recovered if medical evidence states that it was necessary.
- Hire charges – If you have paid for a hire vehicle, we can recover the cost of this for you from the third-party insurers. Sometimes it is possible to arrange a credit hire vehicle for you whilst your own is out of action.
- Any other expenses – You may have paid for postage and phone calls, and other generally undocumented evidence Whatever you feel you have incurred, we are happy to discuss this further with you to explore whether it is something we can assist with during the claims process.
- Loss of enjoyment of holiday – If you had a holiday booked that you have not been able to enjoy because of your injuries incurred – such as a holiday that revolved around a sport (think skiing or golf) or even a sightseeing holiday you may be entitled to claim some of the costs back.
Who can make a Road Traffic Accident claim?
There are many different types of road traffic accidents you can claim for. Some of the common scenarios are:
- A driver or motorcyclist injured in a road traffic accident that wasn’t their fault
- A passenger travelling in a vehicle – car, bus, coach or motorcycle – that becomes involved in a road traffic accident
- A pedestrian, cyclist or horse rider hit by a car or other vehicle.
How long do I have to make a claim?
You have three years from the date of the accident to make a claim. But the sooner you seek legal advice, the quicker and easier it is to prepare your claim.
What evidence do I need?
At the time of the accident, it is advisable to collect as much evidence as possible. It is also important to keep any receipts or proof of expenses caused by the accident in a safe place as these may be reimbursed.
This may include photos of car damage, dashcam footage, medical expense receipts, and contact details of any witnesses. You should also report the accident to the police as a non-emergency if anyone is injured, or you believe a crime was committed, or you didn’t exchange details at the scene.
You should also report the accident to your insurance company as soon as possible.
What information should I take from the other driver?
If the other driver has stopped and your vehicle is in a safe location, you will need to exchange personal information with the other driver.
We would always recommend that you try to take the following details after an accident:
- The other driver’s name and address
- A contact telephone number for the other driver
- The vehicle registration of the third-party car
- The name of the third party’s insurance company
- The policy number for the third-party driver’s insurers
What should I do next?
If you have been involved in a road traffic accident, contact Oakwood Scotland Solicitors Limited today to find out how we can help you.
Oakwood Scotland Solicitors Limited has been dealing with personal injury claims caused for many years. Many of our Solicitors and Paralegals have additional qualifications in personal injury. Unlike many other firms, at Oakwood Scotland you will have a Solicitor involved in your case from day 1.
We deal with many claims across many spectrums, and from minor claims to claims that have lifelong injuries that are life changing. At Oakwood Scotland, we understand the process can be stressful and even daunting, that’s why we have staff that are understanding, compassionate and very professional. We aim to secure your result as quickly as possible and in many cases without the need for court proceedings.
When you instruct Oakwood Scotland Solicitors, you can expect a friendly, down-to-earth approach, together with an extensive knowledge of personal injury which ensure we achieve the best possible outcome for you. Our advice is tailored to your needs and in plain English. We will always strive to achieve the correct level of compensation for your claim.
At Oakwood Scotland Solicitors, we understand that instructing a Solicitor can be a costly exercise and that is why we have several funding models including ‘no-win, no-fee’ which means that there is no risk to you, and you will not be charged if your claim is unsuccessful.
Further reading
Accidents on the road – Oakwood Scotland Solicitors
WHAT TO DO NEXT
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