Understanding Road Accident Compensation

A road traffic accident can occur at any time and may involve any number of road users, from motorists to cyclists and pedestrians. The type of road traffic accident you may be involved in also varies; you may find yourself involved in a hit and run accident, a collision with an emergency vehicle, or having sustained an injury as a passenger, such as whiplash.

Statistics reveal that the number of road accidents occurring in Scotland is down overall; however, 16,213 road casualties were still reported in 2007. While this figure may seem alarming, it is in fact a reduction of 28 per cent on figures from 1997, when 22,629 casualties were reported.

Whatever the cause of your road accident, if you have suffered a personal injury through no fault of your own, you may be entitled to make a claim for personal injury compensation. As the claimant, you may seek recompense for sustained personal injury, loss of earnings through not being able to work or damage to property, all of which can result from a road accident.

In Scotland, you can make a claim for accident compensation up to three years after an incident takes place and most personal injury claims are settled within six to nine months; however, if you sustained significant personal injury, you could find that your claim takes much longer to settle.

If you are seeking to make a claim for compensation, you could also benefit from seeking independent legal advice, prior to contacting a solicitor to act on your behalf. If you have sustained a minor injury in the accident, you may also be advised to contact your GP, as well as keep a record of how the accident has affected your health, such as sleep deprivation, chronic pain or an inability to partake in normal elements of your life, such as exercise or caring for your children.

The law in Scotland differs from elsewhere in the UK when it comes to making a claim for road accident compensation. Certain terms are different, as is the compensation rates you may pay to a solicitor acting on your behalf. While many solicitors in Scotland will offer a ‘no win, no fee’ service, otherwise known as a speculative fee arrangement, it is not operative legislation north of the border and solicitors will not always guarantee 100 per cent of your compensation.

This is because the amount of compensation you receive is dictated by the way in which Scottish solicitors claim their fees. Because of this, many of the costs incurred through the claims process must be bore by the claimant’s compensation, rather than paid for by the defendant. This system works to save the defendant from bearing enormous legal fees brought by the claimant’s case. If you find yourself in the position of making a claim for accident compensation, you could benefit from contacting The Law Society of Scotland to find out more about fees and your rights.

In Scotland, when you come to pay solicitor’s fees, their rates work on an incremental scale. For example, on claims of up to £2,500 you may find that you pay in the region of 25 per cent, while for claims over £20,000 you could find that you pay 2.5 per cent. However, because the solicitor is paid only from your compensation, you can rest assured that their effort is measured.

Fees aside, if you are eligible to make a claim for road accident compensation, you could stand to be awarded significant remuneration, so it pays to look into what you might be able to claim, even if your accident happened over a year ago.