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Car Accident Claims Scotland Guide

By Mark Ainsdale. Last updated 20th June 2024. If you suffer an injury in a car accident as the driver, passenger or pedestrian, you could make a claim. Welcome to our guide on how to make car accident claims in Scotland. And we also explain how you can file motorcycle accident claims in Scotland.

A wide range of different circumstances can cause car and road traffic accidents, and similarly, the injuries suffered can also be very varied. You could have hit another vehicle due to their negligence or been hit by another vehicle whilst stationary.

Alternatively, perhaps you’re the passenger in a car accident. Claimants could also find that the other driver was uninsured or simply drove off, not leaving their details.

No matter the circumstances of your car accident claim, Scotland or the injuries you have suffered, you could be entitled to make a compensation claim. If you have been involved in a car accident, take these steps. Get the medical attention you need. Report the accident to the police and then reach out to the team at Legal Expert.

Call us on 0800 073 8804 and start your personal injury claim today.

car accident claims in Scotland

Do I have grounds to make a claim?

Have you had a car accident and been injured through no fault of your own? Are you wondering whether you could have grounds to make a personal injury claim? If so, the following three questions could help you determine whether you could be entitled to compensation:

  1. Did a third party owe you a legal duty of care?
  2. Also, did that third party fail to uphold that duty?
  3. Did you suffer as a result of that failure?

If you answered ‘yes’ to each of these questions, you should be able to establish that negligence resulted in your injuries. Therefore, there’s a good chance that you could have grounds to make a personal injury claim for compensation. To learn more about building a strong case for compensation and how our panel of personal injury lawyers could help you secure the payout you deserve, please continue reading this guide.

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Top 5 causes of road traffic accidents, Scotland

Whilst many factors can contribute to an accident happening, some happen again and again. And these are often the causes for injuries that form the foundation for motorcycle accident claims in Scotland. The top five causes are as follows;

  1. Driver error: driver error was cited as a major contributing factor in as many as 71% of road traffic accidents.
  2. Inexperience or poor behaviour: the same report highlighted that as many as 25% of all RTA’s were caused by inexperienced or aggressive driving.
  3. Injudicious action: this category includes speeding, having poor driving habits or other forms of dangerous driving.
  4. Destruction or impairment: this can include the driver being impaired due to alcohol or another substance or being distracted in some way and not paying attention to the road.
  5. Pedestrians: pedestrians were identified as the main cause of an accident in 12% of cases. It is therefore important that drivers pay due and care and attention to pedestrians around them.

The most common injuries leading to car crash claims in Scotland

What injuries could car accident claims Scotland be made for? For each person who dies in a road traffic accident in the UK, a further ten people will suffer some form of serious injury. Road traffic accident Scotland statistics show that this is similar in Scotland. Some of the most common injuries suffered in a car crash are as follows;

Facial injuries: including cuts or puncture wounds to the skin, broken facial bones, and a dislocated jaw. They may also include eye injuries, possibly leading to blindness.

Spinal injury: road traffic accidents are the largest cause of injuries to the spinal cord, and there are hundreds of new cases per year in the UK who are admitted to specialist spinal injury centres.

Head injury: road traffic accidents account for as many as 40% – 50% of all head and brain injuries and are generally the cause of more serious head injuries.

Injuries to internal organs: road traffic accidents can lead to massive and severe internal injuries. However, internal injuries, such as internal bleeding, may not be immediately noticeable and could, therefore, last long before being treated.

Loss of a limb: losing a limb is one of the most serious and traumatic injuries a person may suffer. For many people with these injuries, the results will be life-changing, not just for them but also for their family and friends who may have to help care for them.

Reporting a car accident in Scotland

Whether you were responsible for the accident or not, you should report the accident to Police Scotland at the earliest possible time. If you were responsible or partially responsible for the accident, you have a legal duty to do so. But if you were not the responsible party, you should still contact the police to ensure that the incident is logged with the police. This can help form evidence in your claim, and you will be supplied with a crime number.

Head injuries from a road traffic accident, Scotland

Brain and head injuries are among the leading types of injuries that people suffer in a road traffic accident and are a leading source of car accident claims in Scotland. A traumatic brain injury (also known as a TBI) means that the tissues in your brain have been damaged somehow. In such cases, it is usually caused by an external force such as a collision at speed.

Head injuries resulting from a road traffic accident could be as mild as a concussion which you will be able to recover from after a few weeks or a few months, all the way through to a permanent and even life-changing brain injury. If you suffer lasting brain damage, it will change your own life and that of your family and friends.

The consequences of this can be very hard to take, and its stress can be serious and lasting for you and your family. As such, you deserve to be able to claim compensation for your injuries and any future medical care you may require. And this could form the basis for either car or motorcycle accident claims in Scotland.

Internal injuries from a car crash

Severe internal injuries can result from a road traffic accident in Scotland, as anywhere else. Damage to the internal organs could be especially acute if you were not in the vehicle at the time of the accident. They are more likely to be severe if you were a pedestrian, motorcyclist or biker. If the accident’s impact has physically thrown you on another vehicle or the pavement, you could suffer mild to severe internal injuries as a result.

Internal injuries can include punctured organs, such as the lungs, kidneys, liver, or heart. Other parts of your internal anatomy can also suffer extensive damage. Even as a passenger or driver of a vehicle wearing a seat belt, you can suffer internal injuries. You could suffer milder internal injuries due to safety equipment such as your seatbelt or the car airbag.

In the worst cases, internal injuries will either be life-changing or even fatal. If this is the case, you or your family will be able to claim compensation. Contact us about car accident claims Scotland for more information on these claims.

Car accident claims against an uninsured driver

Whilst Scotland is a separate legal jurisdiction from the rest of the UK, many laws are similar, such as the requirement for all drivers in Scotland to have adequate driver and vehicle insurance. This is to ensure that the victim will be able to get compensation for damage to their property or personal injuries in the event of an accident.

The driver is not insured, but another party is. In certain accident and injury claims, whilst the driver may not have insurance, someone else may. A good example could be the owner of a vehicle having insurance, but the person driving it at the time not being insured. The owners’ insurance provider will meet any expenses and compensation claims. This means that even if the driver is not insured on this vehicle, as long as the vehicle itself is, any victims will seek compensation through this policy.

The Motoring Insurers Bureau, car accident compensation in Scotland can also be sought through this organisation. The MIB is liable for paying compensation to people who suffer damages or injury from an uninsured driver. This means that even when a driver is not insured, most accident victims will make a compensation claim against the bureau. This right even extends to passengers of the uninsured driver.

Discuss how car accident claims in Scotland against uninsured drivers works.

The car accident compensation claim time limits

Whether in Scotland or the rest of the UK, you need to do so within the legal time limit if you need to claim a car accident in Scotland. After the end of this time limit, even if your claim is valid, you will not be able to make car accident claims in Scotland. At the moment, after a car accident in Scotland (or any personal injury), you will have three years in which to make a compensation claim.

However, the Scottish government has signalled its intention to raise this limit to five years in the future. The three-year rule is currently in place across the UK at the moment to help ensure that claims are processed in a quick and timely way. This is better for the victim, getting them the compensation they need and is also better for the defendant as they are also not left in limbo.

If you have experienced any form of personal injury, such as a car accident, you should not delay making your claim. Your first steps should be reporting a car accident in Scotland to the police and getting the medical attention you need before moving on to contact a solicitor.

When to start a car accident claim Scotland

The first step in making a car accident claim in Scotland or elsewhere in the UK is the same. You need to reach out to a solicitor or legal firm such as Legal Expert. If one of our team confirms that you have a valid personal injury claim, they will be able to work with you on a No Win No Fee basis (see later for this).

To make a successful claim, the solicitor must establish which party is at fault, demonstrating that the other party in the claim was. They will gather evidence to do this and that they were the cause of the accident that led to your injuries. They will show that the other driver was at fault, either through negligent driving, were under the influence of some form of substance (alcohol or drugs) or that they were not paying due care and attention whilst driving. If your car accident were caused by poor road conditions, such as a large pothole, the claim would be made against the body responsible for maintaining the roadway in this area.

Next, your solicitor will estimate how much your car accident compensation Scotland should be worth. They will consult documents on Jurisdictional Injury Compensation awards in Scotland to establish this. They will consider your injuries, your medical costs and any other expenses you suffered, any damage to personal property and any other out of pocket expenses you have experienced.

The expert team at Legal Expert will work hard to help you start your claim and get you the compensation you deserve. Discuss car accident claims in Scotland with our team.

Car accidents happen a lot in the following cities

As with the rest of the UK, there are areas (often called road accident claim Scotland black spots) in Scotland where road traffic accidents and injuries are more likely to happen. According to figures, we can see that the Scottish area of West Aberdeenshire and Kincardine has the second-worst rate of accidents and injuries in the UK. The casualty rate here is 82% higher than the UK national average. Note that these figures could also influence motorcycle accident claims in Scotland depending on the severity of injuries.

Car accidents in Scotland happen a lot in these cities.

  1. Glasgow,
  2. Edinburgh,
  3. Aberdeen,
  4. Dundee,
  5. Paisley,
  6. East Kilbride,
  7. Inverness,
  8. Livingston,
  9. Hamilton,
  10. Cumbernauld

If you have suffered an injury due to a motoring or road traffic accident in any of these areas, or the rest of Scotland, don’t hesitate to contact Legal Expert to start your car crash claim Scotland.

Why use a no win, no fee car accident claims Scotland solicitor?

Personal injury or compensation claims can often be carried out under a No Win, No Fee agreement or conditional fee agreement. This is no different for car accident claims in Scotland. This is a special type of contract or agreement often offered by personal injury lawyers to claimants across the UK, whether in England and Wales or Scotland.

Making a road accident claim in Scotland using a no win, no fee solicitor means that you will not be charged any fees at the start of your claim (such as a retainer) or whilst the claim is being carried out. The conditional fee agreement with your solicitor will also set out the work that the solicitor will do for you. It will also set out the conditions under which their fee is due. This is commonly known as a success fee and will be payable if the case is won and damages are awarded. Your legal fees will commonly be deducted from the final settlement.

The biggest benefit for those making a claim is that a no win no fee agreement removes any financial pressures you may have otherwise faced. The no win no fee agreement will specify the number of fees due if the claim is successful. If the claim loses, the contract notes that the solicitor will not pay for their services. Before their introduction, claimants may have been concerned about having to face large legal bills or having to pay a very large chunk of their award in fees to the solicitor. To start your case, speak to the specialist solicitors at Legal Expert today by calling our team on the number below.

And why choose Legal Expert for your claim?

Even when you are in the right, such as when making car accident claims in Scotland, the process can seem difficult, lengthy and even daunting. People could worry about having to navigate the difficult legal process and terminology. To do so without the hassle, you need to work with the best personal injury solicitor you can. Our highly professional team can help you to successfully get car accident compensation in Scotland.

When making car accident claims Scotland, Our team will be with you every step of the way. They can provide advice and guide you through the claims process. The solicitor will do all the work while concentrating on your recovery and getting back to normal. The solicitors we work with have years or even decades of experience recovering damages in personal injury cases across the country. They can work with you under a no win, no fee agreement.

We will begin by offering you a consultation to assess whether you have a viable claim. We could then set out how our team can help you. At the same time, you will ask us further questions about how our services work. Claimants choose to work with Legal Expert for many different reasons. If you choose to do so, you will have access to a wealth of legal experience and knowledge from a winning team.

Contact Legal Expert

Learn more about making successful car accident claims Scotland by contacting our team. We could help you with car accident claims in Scotland. Contact our specialist team today about motorcycle accident claims in Scotland by calling 0800 073 8804. You can also email us at info@legalexpert.co.uk or start the claims process by filling in the form on this page.

Useful links

Police Scotland

How to contact Police Scotland and the best way to report a road traffic accident in Scotland.

Neck Pain

This guide from NHS Scotland looks at neck pain and injuries which Whiplash could cause.

Scottish Injury Claims Court Process

How the court process for personal injury claims works in Scotland.

Scotland’s Road Safety Framework

This is the road safety framework by Scotland’s government.

Personal injury claims Scotland

Advice and information about how to make a successful personal injury claim for compensation in Scotland.

Scottish Personal Injury Claims Calculator

in our guide here, you can learn more about how we calculate injury claim settlements.

Whiplash injuries and claims

You can find further information on whiplash injuries and making a whiplash compensation claim in our guide.

Further Helpful Articles

Car Accident Claims Scotland FAQs

Who can claim fatal car accident claims in Scotland?

Those directly injured are not the only people who could make a claim. If a close relative dies in a road traffic accident due to another driver’s negligence, you could claim compensation. To make a compensation claim, you may need to establish that the other driver acted negligently.

Scottish law (in line with UK law) recognises that losing a loved one can be very traumatic. It could affect family members psychologically. The law also recognises that dependents could suffer financial harm after a person’s death.

The Damages (Scotland) Act 2011 allows the following people to claim compensation after a fatal accident.

  • Spouses, cohabitants and civil partners.
  • Children of dependent parents.
  • Siblings.
  • Dependent grandchildren or dependent parents.

Do car accident claims go to court? 

The simplest answer to this question is that road traffic accident claims may do so. 

In the UK, most personal injury claims for road users do not need to go to court. This is because the defendant or their insurance provider will usually admit liability and agree on a settlement. In a small number of instances, this does not happen. A defendant may dispute their liability. They may also not be able to agree upon a settlement. 

Complex cases and those involving fatal or serious injuries are more likely to need to go to court. Please contact us if you need any further legal advice.

What is the most common injury in a motorcycle accident?

This would be a head or neck injury, including a concussion or a fracture.

How long does it take to recover from a motorcycle accident?

Typically, the range is 6-12 months for recuperation.

What time of day do most motorcycle accidents happen?

This tends to be between 3pm and midnight on a weekend.

What damage is most common when a person falls on outstretching arms?

These include distal radial fractures such as Colles’ fractures.

What is the single most dangerous situation for motorcyclists?

This is when cars make left-hand turns.

What is a greenstick break?

This is when the bone bends and then cracks rather than breaking cleanly into separate parts.

Thank you for reading our guide about motorcycle accident claims in Scotland.