Being involved in a car accident can be overwhelming, especially when it leads to injuries and financial stress. In Scotland, the law allows you to pursue compensation if the accident wasn’t your fault, but the process can feel complex. In 2023 alone, there were 4,251 reported road injury collisions, resulting in 155 fatalities and nearly 1,944 people seriously injured.
This guide explains how car accident compensation works, what factors influence your claim, and the steps typically involved in securing a fair settlement. From understanding eligibility to knowing how car accident compensation is calculated, we’ll walk you through the key information needed for your personal injury claim.
Contact us today to find out if you’re able to claim compensation for your injuries and losses.
Understanding Car Accident Compensation
Car accident compensation claims cover the physical, emotional and financial impact of a collision. This could include:
- Medical expenses for hospital treatment, GP visits, rehabilitation or counselling
- Loss of earnings if you’ve had to take time off work
- Out-of-pocket expenses like travel costs and care support
- Injury compensation for pain, suffering and loss of quality of life
The extent of compensation depends on factors such as the severity of personal injury, recovery time and how the accident affected your daily life. Our injury compensation calculator can estimate how much you might receive. However, the best way to understand your case is through a consultation with our personal injury team.
Common Types of Car Accident Injuries
Every car accident injury claim is different, but some injuries appear more often:
- Whiplash injuries, caused by the sudden impact of a collision
- Soft tissue injuries such as contusions and whiplash
- Head injury cases, which may range from mild concussion to traumatic brain injury
- Neck injury and spinal issues
- Psychological injuries, including PTSD, suicidal thoughts and flashbacks of the accident
Even if you feel okay, it’s important to get immediate medical attention. Symptoms sometimes worsen over time, and your medical account will be vital when calculating car accident compensation.
Relevant Scottish Law for Car Accident Claims
When making a car accident claim in Scotland, several legal principles apply. These rules set the framework for how claims are pursued, what evidence is needed, and the deadlines you must meet to secure your claim for car injury compensation.
Three-Year Time Limit
In most cases, you must have raised a court action or settled your personal injury claim within three years of the accident, starting from the date it occurred or when you became aware of your injuries. Acting quickly means important evidence is still available and gives your claim the best possible chance of success.
Independent Medical Assessment
This verifies your injuries and supports your claim. A qualified, impartial medical expert will assess the extent of both physical and psychological harm. With this, they’ll share their findings in a medical record to help determine the right level of compensation.
Contributory Negligence
If you were partly at fault, you may still receive compensation, though the amount may be reduced in proportion to your share of responsibility. Your solicitor will work to minimise any reduction and present evidence showing the other party’s primary liability.
Lack of Mental Capacity
In these situations, a legally appointed power of attorney or a litigation friend can act on your behalf. This ensures that evidence is gathered on time while protecting your rights.
Considerations Before You Make a Claim
If you’re considering a compensation claim after a car accident, there are a few elements worth thinking about. Our solicitors will discuss all aspects of your accident with you and help you to assess the following considerations.
- Eligibility: Are you able to claim, and was the accident caused by someone else’s negligence? That means looking at fault, who’s responsible, and confirming whether your injuries meet the legal threshold for a car injury claim.
- Evidence: Photos, dashcam footage, eyewitness testimonies and police reports can build a strong, fair claim. The more detailed the evidence, the easier it will be to prove liability and demonstrate the full extent of your losses.
- Medical proof: A medical record from an independent expert is essential for your car accident settlement. This report should outline the nature of your injuries, the likely period, and any long-term impact.
- Losses: Keep receipts for all expenses and a record of time off work to claim back your personal expenses and loss of earnings. This includes travel to medical appointments, rehabilitation, and any paid help or adaptation required due to your injuries.
If you have suffered multiple injuries, your compensation amounts will reflect the combined impact on your health and life.
Learn more about our personal injury services and see how our solicitors can guide you through your injury claims.
What to Do After a Car Accident
To protect your right to seek compensation, follow these steps:
- Get medical attention immediately, even for minor injuries like whiplash or soft tissue damage.
- Report the accident to the police, if required.
- Contact a solicitor as soon as possible to start the claims process.
- Gather evidence such as photos of the scene, vehicle damage and your injuries. Your solicitor will help you to organise this.
- Notify your insurer about the incident.
The earlier you make a car accident claim, the easier it is to gather strong evidence for your case.
How Much Compensation Can I Claim?
While a car accident claims calculator can give a general idea, the actual amount depends on the following factors.
- Nature of your injuries: A car crash injury claim for a broken bone will differ from a whiplash case.
- Duration of recovery: Longer recovery times often mean higher awards.
- Impact on your life: This includes work, hobbies, family life and independence.
- Financial losses: Loss of earnings, medical bills and other expenses
We use your medical report, evidence of financial impact and relevant case law to ensure you receive the maximum you’re entitled to.
Car Accident Settlement Process
Our approach to road traffic accident claims is designed to make the process as stress-free and transparent as possible, guiding you at every step.
- Free initial consultation: We assess if you qualify for car accident injury compensation, explain your legal options, and answer any early questions you might have about the process.
- No win, no fee basis: Thanks to our no-win, no-fee agreement, you won’t pay legal fees if your claim is unsuccessful, giving you financial peace of mind while pursuing justice.
- Gathering evidence: We collect police reports, witness statements, medical records and any photographic or video evidence to build the strongest possible case.
- Independent medical assessments: This supports your road traffic accident claim for both physical and psychological injuries. This ensures every aspect of your condition is professionally documented for an accurate valuation.
- Negotiation: We deal with the insurance company directly, presenting evidence and arguments to secure a fair amount of compensation for your car accident.
- Settlement: You receive your final compensation, covering both injury damages and financial losses, with clear breakdowns so you know exactly what you’re awarded for. You can visit our car accident compensation calculator to get an estimate of what you may get.
Take the next step with confidence. Contact our legal team to start your car accident compensation claim today.
FAQs About Car Crash Compensation
If you’re considering pursuing personal injury compensation, you likely have questions about your rights, the process and what to expect. Below, we answer some of the most common queries our clients ask, helping you understand how compensation works and what steps you should take.
Can I make a car accident claim against a family member?
Yes, you can. Car injury claims are made against their insurance policy rather than against them. This is common in accidents where a relative was driving. You shouldn’t feel bad about pursuing a claim, as this is the reason why they have insurance.
What if the accident was caused by a hit-and-run or an uninsured driver?
In these cases, you may still claim through the Motor Insurers’ Bureau (MIB), which compensates victims when the at-fault driver cannot be traced or is uninsured.
How long does the claim take?
Timeframes vary depending on the complexity of the case, the injury severity and whether liability is disputed. A straightforward car accident claim may be settled in a few months, while complex or high-value cases can take a year or more.
What happens if my injuries get worse over time?
If your condition deteriorates after starting a claim, updated medical evidence can be added before settlement. This ensures your compensation for car accident injuries reflects your ongoing needs.
Do I have to go to court?
Most claims are settled outside of court. Court proceedings are only necessary if the parties cannot agree on liability or the compensation amount. Our expert legal team can guide you through the process.
Can I pursue an injury claim after a car accident as a passenger?
Yes. You can pursue compensation as a passenger, whether that driver was in the same vehicle or another vehicle involved in the accident.
Still have questions? Contact our team today. We’re ready to advise on any issues concerning your personal injury claim.
Watermans: Experts in Car Accident Compensation Claims
At Watermans, we combine decades of legal expertise with a client-focused approach to provide straightforward, transparent and effective legal services. Our reputation in Scotland is built on successfully guiding people through complex road traffic accident claims.
We focus on achieving fair settlements and ensuring our clients feel supported at every stage. We’re committed to removing the stress from the claims process while fighting for the maximum compensation our clients deserve.
Our team of experienced solicitors can also assist with other legal matters, including:
- Road traffic accident claims for pedestrians, cyclists and motorcyclists
- Workplace injury claim for accidents at work or industrial disease cases
- Public liability claims for slips, trips and falls in public places
- Wills, trusts and succession planning to protect your estate
- Estate agency and conveyancing services for buying, selling or remortgaging property
Trust Watermans for straightforward legal advice. Call us on 0131 555 7055 to start your car accident compensation process.