Once medical evidence has been obtained and we have your authority to disclose this, we will send it to the third-party insurers. Under the rules regulating Scottish claims, the third party insurers will have a period of 5 weeks to review the evidence and to make a settlement offer.
How your claim is valued
Once an offer is received, we will review and advise you whether it is reasonable. In order to do this, we look first at the Judicial College Guidelines. These are a set of guidelines which are based on court decisions and the average awards for various injuries. The guidelines provide very wide brackets and are simply used as a starting point for valuing personal injury claims.
We then look at previous court decisions where there have been injuries with a similar recovery time to your own. In addition to the recovery period, we look at the impact your injuries have had on your day to day life.
As an example, someone who is a keen cyclist, who cycles 2-3 times per week and has been unable to do this for 6 months is going to be awarded more than someone whose hobbies involve reading and watching TV and has been able to continue with this.
How the Third Party Insurers values your claim
The third-party insurers will value your claim in the same way. They may, however, offer a modest sum for your injuries and try to keep their outlays to a minimum. On the other hand, some insurers will make their best offer straight away and refuse to budge on this.
We will advise you whether the first offer received is reasonable or if we think there is scope to negotiate an increase. If there might be scope for an increase, we shall revert to the third party insurers and attempt negotiations with them.
If a reasonable offer is received, we will take your instructions on accepting this. We will then revert to the third party insurers and advise that their offer is accepted. Cheques will be sent to Watermans and usually take around 5-6 weeks. Once received, we will forward a cheque to you and your claim will be completed.
If a reasonable offer cannot be reached during negotiations, or the third party insurers do not make any offers within the initial 5 week period, it may be necessary to commence court proceedings.
If you have been involved in a road accident – and you feel sure it wasn’t your fault – you should contact Watermans Solicitors as soon as possible. Our expert accident solicitors can help establish whether you have a valid claim and advise on how much compensation you could be entitled to.