Car Accident
Claims FAQ

We recommend that you contact us as soon as you can to discuss whether we can help you with your claim. It is important to obtain legal advice and assistance from solicitors with experience and expertise in these claims.

The following evidence is vital in claiming for compensation:

• if possible, the other party’s vehicle, contact and insurance information;
• any witness’ names, addresses and contact telephone numbers;
• medical reports of your injuries;
• your Police reference number, if you reported the accident to the Police;
• any expenses that you incur as a result of your injuries, including copies of receipts and invoices where available.

As a general rule to make a claim for personal injury compensation in Scotland (as in England and Wales), you have 3 years from the date of the accident to pursue a claim. If the claim is not settled or Court Proceedings issued by the 3rd anniversary then your claim may be lost forever, or statute barred (out of time). There are, however, certain exceptions to this:

• In Scotland if the injured party is under the age of 16 at the time of the accident the 3 year time limit commences from the date the person turns 16, meaning a claim can be made until the age of 19. In England and Wales the age is 18 - meaning a claim can be made until the age of 21.
• If the person does not have the mental capacity either before or as a result of the accident, the 3 year time limit does not begin to run until they regain the capacity to bring a claim. Issues regarding capacity are complicated and we would be happy to speak to you in detail on this point.
• There are certain types of cases where a claimant may not be aware that they have suffered an illness or injury until some period of time later. For example, it may take more than 3 years for any symptoms to appear. In those types of situations, the time limit does not start to run until the date you are aware (or should have been aware) you have sustained an injury, such as being told about it by your doctor. As this is a complex subject, it is best to seek professional advice from your solicitor.
• If your case involves a claim under the Motor Insurers Bureau (MIB) Untraced Drivers Agreement, then you need to have the completed application form with the MIB by the third anniversary of the accident. However if your claim includes a claim for compensation for damage to property, then the application needs to be with the MIB within 9 months of the date of the accident, whether or not the claim includes personal injury as well.
• Injuries sustained as a result of a criminal act and where a claim is made to the Criminal Injuries Compensation Board (CICA claims), then a limitation period of 2 years applies. The same exceptions apply in relation to those under the age of 16 at the time of the injury and those lacking capacity. There may also be other exceptions where the consequence of the assault is not discovered until after the 2 year period has expired.
• Accidents that occur abroad will be the subject of a variety of different time limits, which can be as short as a year. The sooner you contact us the better, so we can identify the appropriate time limit and give you the best chance of successfully pursuing your claim.

Under the Road Traffic Act 1988, it is a legal requirement for motorists to carry insurance in respect of risks of injury or damage to third parties. However, if your car accident was caused by the fault of an uninsured motorist, you can still pursue a claim for compensation for your injuries against the Motor Insurers Bureau (MIB), under the ‘Uninsured Drivers Agreement’.

Full investigations will be made following your car accident to identify the party at fault, including obtaining a copy of any Police Accident Report where appropriate. Unfortunately, some motorists do fail to stop following a car accident and if a vehicle registration number is not obtained, the other driver may not be found. In these circumstances, a claim for compensation can still be pursued against the Motor Insurers Bureau (MIB), under the ‘Untraced Drivers Agreement’.

Suffering an injury following a car accident can have serious consequences for you and your family, including physically, financially and psychologically. Pursuing a claim will not only ensure that you are properly compensated for your injury, but will mean that you are reimbursed for any losses and expenses that you have incurred. This includes any lost earnings, or future loss of earnings if your injury means that you have to take time off work or cannot return to work at all, as well as the cost of medical treatment and travelling to appointments.

Claiming compensation will also give you access to the best rehabilitation and treatment providers to maximise your recovery following the accident. The NHS provides excellent care at the acute stage following an injury, but long term rehabilitation can be lacking. Making a successful claim for compensation will mean funding is made available for a range of expert input where appropriate.