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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.

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 whiplash, fractures, scarring, soft tissue 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.

Members of our team are Law Society of Scotland Accredited Specialists in Personal Injury and have many years’ experience advising clients in relation to road traffic accident claims.

THE TEAM

Meet the team

Our specialist personal injury solicitors can provide free legal advice with no upfront costs.

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 on offers of settlement to ensure your claim is settled at an appropriate level.

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 we can still assist you. Depending on the type of claim there is no requirement for you to accept the solicitors chosen by your insurers, you have the right to “freedom of choice” in relation to the solicitor instructed.

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, soft tissue 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 or losses as a result of the accident 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 on offers of settlement to ensure your claim is settled at an appropriate level.

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 we can still assist you. Depending on the type of claim there is no requirement for you to accept the solicitors chosen by your insurers, you have the right to “freedom of choice” in relation to the solicitor instructed.

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, soft tissue and psychological trauma (including driving 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 or losses as a result of the accident such as your policy excess, children’s car seats and hire costs.

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 on offers of settlement to ensure your claim is settled at an appropriate level.

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 we can still assist you. Depending on the type of claim there is no requirement for you to accept the solicitors chosen by your insurers, you have the right to “freedom of choice” in relation to the solicitor instructed.

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, soft tissue and psychological trauma (including driving 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 or losses as a result of the accident such as your policy excess, children’s car seats and hire costs.

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 on offers of settlement to ensure your claim is settled at an appropriate level.

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 we can still assist you. Depending on the type of claim there is no requirement for you to accept the solicitors chosen by your insurers, you have the right to “freedom of choice” in relation to the solicitor instructed.

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, soft tissue and psychological trauma (including driving 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 or losses as a result of the accident such as your policy excess, children’s car seats and hire costs.

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 we can still assist you. Depending on the type of claim there is no requirement for you to accept the solicitors chosen by your insurers, you have the right to “freedom of choice” in relation to the solicitor instructed.

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.

What should I do immediately following a road traffic accident?

Answer

Following a road traffic accident it’s crucial to take immediate steps to protect your health and legal rights. Below is some guidance to help manage what can be a stressful situation::

  1. Ensure safety and get medical attention: Your first priority is to ensure your safety and that of others involved. If anyone is injured, call emergency services immediately. Even if injuries seem minor, it’s important to seek medical attention after an accident, as some injuries may not be immediately apparent.
  2. Report the accident: In an emergency always dial 999. People who are Deaf, hard of hearing or have issues communicating verbally can use the SMS 999 text system (you must register for this service). For non-emergency accident reports can be made by dialling 101. If someone is injured you should report the incident to the Police as soon as possible.
  3. Do not admit fault: Avoid discussing fault or making statements that could be interpreted as an admission of liability until you have spoken to your solicitor.
  4. Gather evidence: If possible, and safe to do so, obtain details of the parties and vehicles involved including their insurance information, take photographs of the area, vehicles involved, and any visible injuries. Note down the contact details of any witnesses. .
  5. Notify your Insurer: they will explain how they can assist you following the accident
  6. Contact a Personal Injury solicitor: Engage with a specialist personal injury solicitor as soon as possible. We will guide you through the claims process.
  7. Understand the time limits: Be aware that there are time limits for making a personal injury claim. In Scotland, the time limit is generally three years from the date of the accident.

Remember, a specialist personal injury solicitor can help you navigate the legal system, ensuring that your best interests are represented and that you receive the maximum compensation for your suffering and losses, without the financial risk of upfront legal fees. We operate on a ‘win no fee’ basis. Get in touch with the team to discuss how we can assist you.

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

“Great service with Harper Macleod, would highly recommend them. Laura Gallacher did a fantastic job helping me and made the whole situation a lot easier”

– 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

“I would highly recommend Craig McKellar and his team. Very professional and great communication. Thanks again”

– HM client

“Great breadth of experience and knowledge, with a mix of different personalities that complement and support one another. The quality and diversity of work is excellent.”

– The Legal 500 2024

“Diligent preparation, client-focused, knowledgeable advice and representation.”

– The Legal 500 2024

“A very good team.”

– The Legal 500 2024

“Harper Macleod is particularly attuned to understanding their clients’ needs.”

– The Legal 500 2024

“I found that the team was able to exercise great adaptability in dealing with foreign jurisdiction personal injury cases.”

– The Legal 500 2024

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