Road traffic accidents can be distressing and disruptive events, often resulting in physical injuries, emotional trauma, and financial burdens. If you’ve been involved in a road traffic accident in Scotland and believe you are entitled to compensation, understanding the process of making a claim is essential.
Navigating a road traffic accident claim in Scotland can be complex, but with the right support and guidance, you can seek the compensation you deserve for your injuries and losses. Remember to act promptly, gather evidence diligently, and seek legal advice early in the process to maximise your chances of a successful claim outcome. By understanding your rights and responsibilities, you can assert your claim effectively and move forward towards recovery.
We know that road traffic accidents can leave motorists feeling shocked or shaken up. But at Oakwood Scotland Solicitors, we have many years of experience in dealing with these types of events and strive to make the process as stress-free as possible
Here’s a comprehensive guide to help you navigate through the steps involved:
1. Assessing Eligibility
Firstly, determine if you are eligible to make a claim. Generally, you can claim compensation if you were involved in an accident that was not your fault, whether as a driver, passenger, cyclist, or pedestrian. It’s important to gather evidence to support your claim, such as witness statements, photographs of the accident scene, and medical records detailing your injuries.
2. Reporting the Accident
It’s crucial to report the accident to the police if:
- Anyone is injured.
- The road or property is damaged.
- The other driver doesn’t stop or provide their details.
Even if none of the above applies, it’s still advisable to inform the police, as their report can be valuable evidence for your claim.
3. Seeking Medical Attention
Whether your injuries are minor or severe, seek medical attention promptly. Your health and well-being should always be the priority. Medical records documenting your injuries will be essential when filing a claim for compensation.
4. Gathering Evidence
Collect as much evidence as possible to support your claim. This includes:
- Accident Details: Date, time, and location of the accident
- Contact Information: Exchange details with the other parties involved, including names, addresses, phone numbers, and insurance information.
- Witness Statements: Obtain contact information and statements from any witnesses to the accident.
- Photographs: Take pictures of the accident scene, vehicle damage, road conditions, and any visible injuries.
- Accident Details: Date, time, and location of the accident.
- Contact Information: Exchange details with the other parties involved, including names, addresses, phone numbers, and insurance information.
- Witness Statements: Obtain contact information and statements from any witnesses to the accident.
- Photographs: Take pictures of the accident scene, vehicle damage, road conditions, and any visible injuries.
5. Contact Oakwood Scotland Solicitors
By seeking legal advice, we can provide expert guidance on the claims process, assess the strength of your case, and handle negotiations with insurance companies on your behalf. At Oakwood Scotland Solicitors we offer a free initial consultation, so you can discuss your case without any financial commitment. We we will also word on your case on a ‘no-win, no-fee’ basis so you won’t pay any legal fees unless your claim is successful.
Personal Injury claims in Scotland have a limitation period of three years. This means that in most cases a claim needs to be made within three years of the accident to be eligible.
6. Filing a Claim
We will assist you in preparing and submitting your compensation claim. This typically involves:
- Claim Form: Completing a claim form detailing the circumstances of the accident and the injuries sustained.
- Supporting Documentation: Providing evidence such as medical records, witness statements, and photographs.
- Negotiation: We will negotiate with the insurance company of the at-fault party to reach a fair settlement. If an agreement cannot be reached, we may advise pursuing court proceedings.
7. Settlement or Court Proceedings
If negotiations are successful, you will receive a settlement offer from the insurance company. Your solicitor will advise on whether the offer is reasonable and guide you through accepting or rejecting it. If necessary, we will represent you in court to pursue your claim further.
Further reading
Accidents on the road – Oakwood Scotland Solicitors
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation. Choose one of the methods on this page, or call us on 0141 406 3324 to find out how we can help you with your enquiry.
