If you've been bereaved or injured in a road crash and it wasn't your fault, you can claim compensation.
This is money paid to help ease any physical or mental trauma you suffered because of the road crash.
Some people find it difficult to think about compensation at this time. You can claim compensation up to 3 years after the date of the road crash. If a child under 16 was involved, you can claim compensation for them at any point until they turn 19.
If you were bereaved by a road crash
If you have lost someone close to you because of a road crash:
- any compensation payment will be through the driver's insurance company or the Motor Insurers' Bureau if the driver was uninsured
- the amount that can be claimed depends on your relationship with the person who died, and other factors that a personal injury solicitor can advise you on
If you were seriously injured by a road crash
If you have been injured because of a road crash, a claim for compensation depends on:
- how severe your injuries were
- any emotional trauma suffered
- any physical or financial loss suffered
The amount which can be claimed depends on a number of factors, which a personal injury solicitor can advise you on.
If you have been injured following a minor road crash
Before you look into claiming for compensation, there are a number of steps you should take. These include:
- calling your insurance company to let them know the road crash happened
- telling the police
- reporting the injury to your doctor – it may be more serious than it feels, and if the case goes to court they may be asked to provide a medical report
- gathering any evidence you can and writing a detailed description of what happened, including any witnesses, while it's fresh in your mind
Making a claim
There are a number of ways to claim compensation following a road crash. For most you will need to contact either a solicitor or claims management company. You shouldn't have to pay a solicitor to meet with them to discuss your case.
If you contact a specialist solicitor they will hear the details of your story and, based on what evidence is available, will advise how much compensation you should claim.
A solicitor can also give you information on the next steps to take, and can take the case to court for you.
Most solicitors will take your case on a ‘no win, no fee’ agreement. This means if your claim isn’t successful, you will not have to pay anything (such as solicitor’s fees). If you win your case, the solicitor will take their fee as a percentage of the damages that you are awarded. There is a cap which limits the percentage that the solicitor can take.
Alternatively, you may be able to apply for legal aid to help you cover the solicitor’s fee and expenses if you can’t afford it. If you win your case you may have to contribute towards the legal fees from the damages you are awarded. More information on applying for Legal Aid can be found on The Scottish Legal Board website.
Claims management company
A claims management company will offer to take on your case on a ‘no win, no fee’ basis. This means if your compensation claim is unsuccessful, you will not have to pay anything.
However, claims management companies are not usually solicitors. They will not be able to take your case to court and they will have to use a solicitor if the case cannot be settled without going to court.
A claims management company will also ask you to pay a percentage of your compensation to them. The percentage you pay is limited by legislation whether they employ a solicitor or not.
Support and advice
Read more about the help, advice and support you can get as a road crash victim.
You can also get support and advice from:
Phone: 0808 8000 401 (Monday to Friday, 10am to 4pm)
Phone the Brake helpline for emotional support, information and practical help. They can put you in touch with local services and volunteers who have been through a similar experience to yours.
S.C.I.D (Scotland's Campaign against Irresponsible Drivers)
Campaigns for the rights of road crash victims and their families.
Cruse Bereavement Care Scotland
Phone: 0808 802 6161
Monday to Friday, 9am to 8pm
Saturday and Sunday, 10am to 2pm
Offers one-to-one counselling across Scotland and support through the helpline for anyone who has been bereaved.
Phone: 116 123 (24 hours a day, every day. Calls are free.)
Gives confidential emotional support for people experiencing distress, despair or suicidal thoughts.
The Compassionate Friends
Phone: 0345 123 2304 (10am to 4pm and 7pm to 10pm)
Offers support to bereaved parents and their families after the death of a child. The helpline is always answered by a bereaved parent. There's also an online forum where you can speak to other bereaved families.
Victim Support Scotland
Phone: 0800 160 1985 (weekdays 8am to 8pm)
Provides advice and support for victims of crime.
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