HM Insights

Case study: securing damages for client in road traffic accident shows importance of specialist Scottish solicitors

We had to run a case to a full court hearing for a lady who suffered loss following a road traffic accident in Ayrshire. Our client had been stationary in her vehicle at a stop junction when a trailer, which was too wide for the road, hit the front of her car as it passed.

Road Traffic Accident Claim Compensation Law Lawyer Scotland Crash Court Defence

Attempts to settle without the need for court action

When we received instructions from the client we intimated the full details of the accident circumstances, including witness evidence that was fully supportive of our client's version of events. In addition, we showed evidence of losses and photographs of the accident site to the solicitors who represented the other driver's insurance company. Various attempts were made to settle the case without the need for court action. However, the position of the other driver's solicitors was that our client was at fault (despite the independent witness evidence) and they were unwilling to settle the case.

The court action and hearing

On the basis that settlement proposals were not forthcoming it was necessary to raise a court action, which included all our client's losses and those of her insurance company, which included substantial damage to her car. It is necessary for Scottish court actions to be set out in written pleadings and oral witness evidence was required to be led in court in relation to this case.

The case was heard at Ayr Sheriff Court and evidence was given by our client whom the Sheriff noted to be extremely credible and reliable. We also led evidence from the witnesses to the accident who supported our client's version of events. Unlike the position in England and Wales, witness evidence in these types of court actions is given by the witnesses themselves in court, whereas south of the Border this is done by written statements lodged in court.

During the proof (hearing of evidence) the Defender's position was that the exit from the junction was unsafe and the Defender could not have avoided a collision.

Outcome of court action

On the basis of the strength of our case and the evidence we led from our client, experts and witnesses, we were successful. A written judgement was issued by the Sheriff which found the other driver fully at fault and our client was awarded the full sum that we sued for and our full expenses were granted.

Why it is important to instruct Scottish solicitors

It is important when you are involved in a road traffic accident on a Scottish road that you instruct Scottish solicitors. They not only have specialist Scottish legal system knowledge but will have local knowledge of Scottish roads.

Scotland has a different legal system to England and Wales and the law of damages is different in Scotland. It is important that a Scottish road traffic lawyer was instructed as early as possible by this client.

Recovery of all losses suffered by our client

Our specialist Road Traffic Accident team secured damages for all losses our client suffered from the road traffic accident. Our team are experienced in representing people who suffer loss in road traffic accidents on Scottish roads.

Contact our personal injury solicitors

If you've suffered losses from a road traffic accident our solicitors can help you secure the justice and compensation you deserve. Get in touch now for a free chat about your claim. Call us free on 0800 904 7777 or find out more information about the personal injury service we provide.


The small print: This blog is for information purposes only and should not be construed in any way as providing legal advice.