What Is The Road Traffic Accident Claim Process In Scotland?

The law stipulates that in order to claim a Road Traffic Accident in Scotland, you'll need to find a Scottish solicitor that will legally help you claim through the Scottish Courts. Our Road Traffic Accident solicitors are highly qualified and experienced to assist and support you as you make a claim, with an enthusiastic intention to win you compensation. You should understand that the claims process is intended to protect various Scottish road users including vehicle drivers, public transport workers, passengers, motorcyclists, cyclists and pedestrians.

We offer our legal services under the "no win no fee" agreement for the following RTA compensation claims:

• Car Accidents
• Bus Accidents
• Bicycle Accidents
• Motorcycle Accidents
• Whiplash Injuries
• Pedestrian Injury Claims
• Airbag Injuries
• Serious Injuries
• Seat Belt Injuries
• Child Seat and Restraint Injuries

The following scenarios can also lead to road accident claims:

• Negligence by Another Driver
• Drunk Drivers and Reckless Drivers
• Badly Maintained Roads
• Weather Conditions
• Car Malfunction

What Is The Road Traffic Accident Claim Time Limit In Scotland?

Claimants of Road Traffic Accidents, have a claim time limit of 3 years.
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These include those injured whilst driving, riding as a passenger, being struck by a vehicle as a motorcyclist, cyclists, or a pedestrian.

You'll need to commence legal proceedings within 3 years of the Road Traffic Accident. Failure to do so, means your claim case will be time-barred and the courts are less likely to hear such cases.

We advise you to file a Road Traffic Accident injury claim as soon as possible, as it is likely any evidence will disappear quickly after an accident.

Claimants under the age of 16 years old, can have their parents or guardians pursue an injury claim on their behalf, but only if the parent or guardian are not the ones responsible for the accident. Alternatively, those under 16 years of age, can wait until they turn 16, after which they have a 3 year window to make a claim.

It is understood that some injuries, especially serious ones such as PTSD, may take some months or even years to manifest. For such cases, the limitation date will begin on the date of injury, instead of the day the Road Traffic Accident occurred.

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Who Pays Your Road Traffic Accident Compensation?

Compensation paid by the party responsible for a Road Traffic Accident, is dependent on the type of Road Accident or situation surrounding the incident.

By An Insured Motorist
Compensation for any type of accident caused by a motorist driving any type of vehicle on Scottish public roads, is paid by their insurance company.

By An Uninsured Motorist
If an uninsured driver is responsible for a Road Traffic Accident, any successful compensation claim is paid by the Motor Insurer's Bureau (MIB).
Legally, all UK-based motor insurance companies are required to pay into the MIB every year, which allows claimants of accidents with uninsured or untracked drivers, to claim compensation. Set up to compensate drivers involved in an array of problematic Road Traffic Accidents, the MIB also pays compensation for hit and run Road Traffic Accidents.

By Poor Road Conditions
Any Road Traffic Accident proven to be caused by a badly maintained road surface, is compensated by the Highways England or local council.

By Livestock Or Pets
If you can prove that livestock or a domestic pet caused your accident and injuries, the owner of such animals, is required to pay any compensation.

By Wild Animals
There's no owner(s) that can be held responsible for any accident caused by wild animals, for instance, a Deer. This means there are no grounds for a claim as there is no one who can pay you compensation.

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0141 465 4530

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