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 Road traffic accident claims

Road traffic accident claims

Our Personal Injury team specialises in Road Traffic Accidents and has substantial experience supporting clients and their families from the start of the claim to its conclusion.

Overview

No win no fee compensation claims

No-one chooses to be involved in a road traffic accident but you can choose your law firm. We know how insurers work so even if your insurance provider has recommended a different law firm you are free to make your own choice about who represents you.

A road accident can have a serious impact on those involved and their families, whether you were a driver, passenger or pedestrian. We can help and have experience in all types of Road Traffic Accidents claims including cycling, motorbike, pedestrian and whiplash claims.

We can claim compensation for any injury you suffer including whiplashfracturesscarring, tinnitus and psychological trauma (including driving phobia) at a no win no fee service. You may also be able to claim for general out of pocket expenses, loss of earnings, care and assistance required and various other expenses relating to your damaged vehicle.

We are members of the Motor Accident Solicitors Society (MASS) and are accredited by the Law Society of Scotland’s Personal Injury Accreditation Scheme.

Services

What types of road accidents can you claim for?

Car accident claims

Overview

How do I make a car accident claim?

Our specialist car accident personal injury claims team will intimate the details of your claim as quickly as possible after the accident. The details of the accident and injury will be sent to the insurance company who represents the driver at fault.

Some motor insurers will often try to settle your injury claim directly with you and this can mean that you can receive less compensation than you should. If we represent you we will advise you appropriately should this happen.

We will ingather details of your losses, any documents that we need to prove your case and will contact witnesses as soon as possible.

How long do I have to make a car accident claim? 

The time limit for settling a car accident claim is usually three years after the accident. However, in terms of the compulsory Scottish pre-action protocol, your claim should be intimated as soon as possible.

If a child is involved in a road traffic accident the timescale will be three years following their 16th birthday.

No win no fee – funding your injury claim

For clients who do not have the benefit of Legal Expense Insurance (“LEI”), we deal with claims on a No Win No Fee basismeaning you pay nothing if your case is unsuccessful. Even if you have LEI there is no requirement for you to accept the solicitors chosen by your insurers. You have the right to “freedom of choice”  if you feel they do not have the expertise for your claim or even the right location.

A No Win No Fee agreement is also known as a confidential fee agreement which is an agreement you make with us so that you can make your personal injury claim without having to put up any legal fees upfront. So if your claim is unsuccessful the agreement states you will not have to pay any fees, helping to relieve any stress or worry throughout the claim process.

In addition to our No Win No Fee service we can access support, medical care, and help for you and your family due to the relationships we have with support groups in Scotland.

What can be included in a car accident claim?

We can claim compensation for any injury you suffer including whiplash, fractures, scarring, tinnitus and psychological trauma (including driving phobia). You may also be able to claim for general out of pocket expenses, loss of earnings, care and assistance required and various other expenses relating to your damaged vehicle.

When can I make a car accident injury claim?

  • If the accident was in the last three years
  • If someone else was at fault
  • If you have suffered injury and/or been off work as a result of the accident
  • If you are out of pocket for miscellaneous expenses such as your policy excess, children’s car seats and hire costs.

Why should I use Harper Macleod for my claim?

We are Scottish road traffic accident claims experts and have one of the largest personal injury claims departments in Scotland with over 25 specialists covering the whole of Scotland from our offices in Glasgow, Edinburgh, Inverness, Thurso and Lerwick and we offer a no win no fee.

Cycling accident claims

Overview

If you suffered an injury whilst cycling on a Scottish road, claim compensation with us. Cyclists are some of the most vulnerable road users and statistics show that accidents involving cyclists are increasing.

How to claim for a cycling accident?

Our specialist cycling personal injury lawyers will intimate the details of your cycling accident claim as quickly as possible after the accident. The details of the accident and injury will be sent to the insurance company who represents the person at fault.

Some motor insurers will often try to settle your injury claim directly with you and this can mean that you can receive less compensation than you should. If we represent you we will advise you appropriately should this happen.

We will ingather details of your losses, any documents that we need to prove your case and will contact witnesses as soon as possible.

How long do I have to claim after a cycling accident?

The time limit for settling a case is usually three years after the accident. However, in terms of the compulsory Scottish pre-action protocol, your claim should be intimated as soon as possible.

If a child is involved in a cycling accident the timescale will be three years following their 16th birthday.

No win no fee – funding your injury claim

For clients who do not have the benefit of Legal Expense Insurance (“LEI”), we deal with claims on a No Win No Fee basis, meaning you pay nothing if your case is unsuccessful. Even if you have LEI there is no requirement for you to accept the solicitors chosen by your insurers. You have the right to “freedom of choice”  if you feel they do not have the expertise for your claim or even the right location.

A No Win No Fee agreement is also known as a confidential fee agreement which is an agreement you make with us so that you can make your personal injury claim without having to put up any legal fees upfront. So if your claim is unsuccessful the agreement states you will not have to pay any fees, helping to relieve any stress or worry throughout the claim process.

In addition to our No Win No Fee service we can access support, medical care, and help for you and your family due to the relationships we have with support groups in Scotland.

What can be included in my claim?

We can claim compensation for any injury you suffer including whiplash, fractures, scarring, tinnitus and psychological trauma (including travel phobia). You may also be able to claim for general out of pocket expenses, loss of earnings and care and assistance required.

We will ensure that you recover accident compensation not only for injury but for damage to your bicycle and specialist cycling equipment including your cycling helmet.

When can I make a cycling compensation claim?

  • If the accident was in the last three years
  • If someone else was at fault
  • If you have suffered injury and/or been off work as a result of the accident
  • If you are out of pocket for miscellaneous expenses

Why use Harper Macleod for your claim?

We are cycling accident injury experts and have one of the largest personal injury departments in Scotland with over 25 personal injury specialists covering the whole of Scotland, offices in Glasgow, Edinburgh, Inverness, Thurso and Lerwick, and we offer a no win no fee.

Pedestrian accident claims

Road traffic accidents involving pedestrians

If you suffered an injury whilst being a pedestrian on a Scottish road, claim compensation with us. Pedestrians are some of the most vulnerable road users and statistics show that accidents involving pedestrians are increasing.

How to claim for an accident when you’re a pedestrian?

Our Pedestrian personal injury lawyers will intimate the details of your accident claim as quickly as possible after the accident. The details of the accident and injury will be sent to the insurance company who represents the person at fault.

Some motor insurers will often try to settle your injury claim directly with you and this can mean that you can receive less compensation than you should. If we represent you we will advise you appropriately should this happen.

We will ingather details of your losses, any documents that we need to prove your case and will contact witnesses as soon as possible.

How long do I have to claim after a pedestrian accident?

The time limit for settling a case is usually three years after the accident. However, in terms of the compulsory Scottish pre-action protocol, your claim should be intimated as soon as possible.

If a child is involved in a Pedestrian accident the timescale will be three years following their 16th birthday.

No win no fee – funding your injury claim

For clients who do not have the benefit of Legal Expense Insurance (“LEI”), we deal with claims on a No Win No Fee basis, meaning you pay nothing if your case is unsuccessful. Even if you have LEI there is no requirement for you to accept the solicitors chosen by your insurers. You have the right to “freedom of choice”  if you feel they do not have the expertise for your claim or even the right location.

A No Win No Fee agreement is also known as a confidential fee agreement which is an agreement you make with us so that you can make your personal injury claim without having to put up any legal fees upfront. So if your claim is unsuccessful the agreement states you will not have to pay any fees, helping to relieve any stress or worry throughout the claim process.

In addition to our No Win No Fee service we can access support, medical care, and help for you and your family due to the relationships we have with support groups in Scotland;

What can be included in my accident claim?

We can claim compensation for any injury you suffer including whiplash, fractures, scarring, tinnitus and psychological trauma (including travel phobia). You may also be able to claim for general out of pocket expenses, clothing, loss of earnings and care and assistance required.

When can I make a pedestrian compensation claim?

  • If the accident was in the last three years
  • If someone else was at fault
  • If you have suffered injury and/or been off work as a result of the accident
  • If you are out of pocket for miscellaneous expenses

Why use Harper Macleod for your accident claim?

We are Pedestrian accident injury experts and have one of the largest personal injury departments in Scotland with over 25 personal injury specialists covering the whole of Scotland, offices in Glasgow, Edinburgh, Inverness, Thurso and Lerwick, and we offer a no win no fee.

Motorbike accident claims

Claim for motorbike injuries with no win no fee

If you suffered an injury whilst motorcycling on a Scottish road, claim compensation with us. Motorcyclists are some of the most vulnerable road users and even when the motorcyclist is wearing protective clothing and a helmet, they can suffer serious injury.

How to claim for a motorbike accident?

Our specialist motorbike accident injury lawyers will intimate the details of your motorcycling accident claim as quickly as possible after the accident. The details of the accident and injury will be sent to the insurance company who represents the person at fault.

Some motor insurers will often try to settle your injury claim directly with you and this can mean that you can receive less compensation than you should. If we represent you we will advise you appropriately should this happen.

We will ingather details of your losses; any documents that we need to prove your case and will contact witnesses as soon as possible.

How long do I have to claim after a motorbike accident?

The time limit for settling a case is usually three years after the accident. However, in terms of the compulsory Scottish pre-action protocol, your claim should be intimated as soon as possible.

If a child is involved in a motorbike accident the timescale will be three years for raising a court action following their 16th birthday.

No win no fee – funding your injury claim

For clients who do not have the benefit of Legal Expense Insurance (“LEI”), we deal with claims on a No Win No Fee basis, meaning you pay nothing if your case is unsuccessful. Even if you have LEI there is no requirement for you to accept the solicitors chosen by your insurers. You have the right to “freedom of choice”  if you feel they do not have the expertise for your claim or even the right location.

A No Win No Fee agreement is also known as a confidential fee agreement which is an agreement you make with us so that you can make your personal injury claim without having to put up any legal fees upfront. So if your claim is unsuccessful the agreement states you will not have to pay any fees, helping to relieve any stress or worry throughout the claim process.

In addition to our No Win No Fee service we can access support, medical care, and help for you and your family due to the relationships we have with support groups in Scotland;

What can be included in my motorbike accident claim?

We can claim compensation for any injury you suffer including whiplash, fractures, scarring, tinnitus and psychological trauma (including travel phobia). You may also be able to claim for general out of pocket expenses, loss of earnings and care and assistance required.

We will ensure that you recover accident compensation not only for injury but for damage to your motorcycle and specialist motorcycling equipment including your motorcycle helmet.

When can I make a motorbike compensation claim?

  • If the accident was in the last three years
  • If someone else was at fault
  • If you have suffered injury and/or been off work as a result of the accident
  • If you are out of pocket for miscellaneous expenses

Why use Harper Macleod for your accident claim?

We are motorcycling accident injury experts and have one of the largest personal injury departments in Scotland with over 25 personal injury specialists covering the whole of Scotland, offices in Glasgow, Edinburgh, Inverness, Thurso and Lerwick, and we offer a no win no fee.

FAQs

Common questions about road accident claims
What should you do following a road accident?

Answer

When you are involved in a road traffic accident, if you are able to, it is important that you take some information. The information should include:

  • Where the accident happened (road name and number if possible)
  • The other vehicle’s registration number, make and model of car
  • The name and address of the other driver and their insurance details
  • Photographs of accident locus (where the accident took place) and damage to each vehicle.

If there were witnesses to the accident (including people in either car) then you should get their names and addresses. If the police attended the accident then you should get their names and the police station they came from. If you were injured you should attend the hospital or your doctor to ensure you get appropriate treatment.

How to claim for a road accident?

Answer

Our Personal Injury Solicitors in Scotland are Road Traffic Accident specialists and will be able to advise you if you have a claim. Our team will begin our investigations into the circumstances of your injury as soon as possible so it is important you get in touch with us as promptly. Once you instruct us to represent you we will make enquiries about liability (fault) and start in gathering evidence to prove your case.

If liability for the road traffic accident is in dispute we will undertake investigations which will ensure you are in the strongest possible position for your case to move forward. This may include taking statements from the police who attended the scene and/ or witnesses.

If you are able to supply us with the other driver’s registration number we will be able to run a search when you instruct us to get details of their insurance company. There is a claims process under which most road traffic accident cases proceed in Scotland. This is called the Pre- Action Protocol – a series of steps to be taken to ensure everyone is aware of the claim and both sides are heard – and we will intimate your claim in accordance with this.

How long do you have to claim after a road accident?

Answer

Usually, you will have 3 years from the date of the accident or negligence to make a claim. If you have any doubt about if you have a case you should contact our specialist lawyers.

To get an indication of the strength of your claim you should get in touch with us as soon as possible. Many types of claims are time-barred under Scots law so the sooner you start the process the better. We will focus on achieving justice and securing a fair settlement for you. We require to get documents to prove your losses and will instruct relevant experts in order to prove that the injuries were linked to the accident or negligence and the extent of your losses. This includes medical reports to show the nature and extent of your injuries. We will advise you on what we are able to input as part of your claim and guide you through the process.

Will you have to go to court for your claim?

Answer

The majority of Road Traffic Accident Personal Injury claims that are raised as court action do not proceed to a full hearing.

There are incentives on both sides to avoid court action which is positive however this is not guaranteed. If a court action requires to be raised on your behalf we will guide you through the court process.

We will advise you at all significant steps of the court action (“litigation”). It is important that you instruct specialist Road Traffic Accident Personal Injury solicitors to ensure that you get the correct level of representation and you achieve an outcome that is fair, just and reasonable.

How much compensation could you receive for a road accident?

Overview

Every case is different and compensation will vary according to your specific circumstances however normally you can claim for compensation for your injuries and any losses which you have suffered as a result of your injury (for example wage loss, damaged personal effects or good, travel costs, services supplied by relatives etc).

The amount of compensation you will receive will depend on the evidence available, whether the neglected party is fully or partially responsible, the losses suffered and any additional costs to you. In terms of your injury claim factors taken into account when assessing the level of compensation are the extent and severity of your injury, the long terms effects of your injury and the extent to which the injury has affected your life.

No win no fee – funding your road accident claim

Answer

For clients who do not have the benefit of Legal Expense Insurance (“LEI”), we deal with injury claims on a No Win No Fee basis, meaning you pay nothing if your case is unsuccessful. Even if you have LEI there is no requirement for you to accept the solicitors chosen by your insurers. You have the right to “freedom of choice”  if you feel they do not have the expertise for your claim or even the right location.

A No Win No Fee agreement is also known as a confidential fee agreement which is an agreement you make with us so that you can make your personal injury claim without having to put up any legal fees upfront. So if your claim is unsuccessful the agreement states you will not have to pay any fees, helping to relieve any stress or worry throughout the claim process.

In addition to our No Win No Fee service we can access support, medical care and help for you and your family due to the relationships we have with support groups in Scotland and have offices throughout Scotland – Glasgow, Edinburgh, Inverness, Thurso, Elgin and Lerwick. We will fight for justice and fairness, we will do the hard work for you and are committed to making a positive difference.

Testimonials

“Staff are really friendly and down to earth. They break everything down perfectly so you understand everything that is going on. Communication was amazing and I would just like to thank Laura Gallagher who did all of the above and much more making it as easy and effortless as possible for myself. Highly recommended”

– HM client

“I would just like to thank Marina Harper and Harper Macleod for all your work since my accident. It’s been a long process thanks to covid but I appreciate all your efforts in getting my claim through. Just want to reiterate that this hasn’t been a process prior I had any knowledge in, so thank you for taking the time to respond to my emails and questions I have asked to understand the process.”

– HM client

“Richard Steell’s hard work and dedication on my case has removed the stress from my accident aftermath and resulted in a fair result.”

– HM client

“Routinely represents household insurance companies and individual consumers in claims related to fatal and catastrophic road traffic accidents, employer’s liability accidents and public liability injuries, as well as disease work.”

– The Legal 500 2022

“Heather Calderwood handles catastrophic injury and fatal claims following RTAs and workplace accidents. She also advises on employers’ liability and occupational disease matters.” Clients comment “She is absolutely excellent and does a great job for her clients. Nothing is ever too much trouble for her.”

– Chambers UK 2022

“Well-regarded team with considerable experience in employers’ and public liability and industrial disease actions.”

– Chambers UK 2022

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