Car accident claims and injury compensation

We take the time to fully investigate your case before valuing your loss. In turn, there are legal protocols with timescales which give defenders set lengths of time before they have to respond. The higher the value of the case the more likely it will take longer to conclude.

However, your solicitor will always keep you informed and seek to make the process as swift, smooth and transparent as possible.

Most importantly, it is about looking at what impact the injury will have on your future, whether that concerns your job or your ability to carry out tasks that you did before you were injured.

Car accident claims can only be made once and therefore it is hugely important that your loss is fully considered before we submit the value of damages you are claiming for.

Obviously, this will start with your medical treatment immediately after the accident but will then extend to seeking expert medical reports from consultants who are specialists in their field to fully explore the longer-term implications of the injuries, if deemed necessary.

We will also seek employment advice to build a complete picture of what your employment prospects look like in the future and we undertake all these steps understanding the financial implications such as loss of earnings and the nature of the injuries sustained.

It’s not just vehicle drivers who have legal options – car passengers do as well.

The advice provided on this page relates to any occupant of a vehicle.

Car passenger accident claims are also possible regardless of the relationship with the driver. You might be their spouse, partner, loved one, friend, or taxi passenger. It really doesn’t matter.

All that matters is you know you have legal options open to you to recover rightful damages if you were hurt in an accident that wasn’t your fault.

It is estimated that 1 in 20 drivers don’t have insurance but this will not affect your ability to make a claim. This is because the Motor Insurers' Bureau (MIB) specifically exists to compensate people injured by drivers without insurance or drivers who cannot be traced (such as hit-and-run accidents). Check out our dedicated advice page on uninsured drivers.

No two accidents are the same and in many cases, it can be unclear who was at fault for the crash. However, we have the expertise to understand what your rights are and what the chances of a successful claim will be in circumstances that are either unclear or partly your fault.

In most cases where you have been found to be partly at fault for the crash, you can still recover compensation, but you may face a deduction because of being partly responsible.

For example, if you were in an accident where it was proved both parties were 50% responsible then a 50% deduction would be made from your final settlement. This is often the case in accidents where someone may not have been paying full attention or if it has involved vulnerable road users such as cyclists and pedestrians.

If you have been in an accident and you’re not sure who was at fault, it is always best to seek an independent legal opinion from an experienced and reputable personal injury firm. We can navigate you through the legal process to determine whether or not you have a claim.

If you know the accident was entirely your fault, you will not be able to claim for your injuries no matter how bad they are.

Car accident compensation is about putting you back in a financial position as if the accident never happened. This is why a personal injury claim does not just compensate you for your injury but can also recover the costs of any expenses incurred as a result of the crash.

For example, if you relied on taxis to get you to hospital appointments we can look to recover these costs. Or maybe you were left bed-bound and needed to hire a carer for help around the house. Again, we can seek to recover the cost of this. This is especially important for people who suffered a serious injury because if hands-on carers will be relied upon in the future then we will add it to the total value of your claim.

This is why it is important to keep all receipts, invoices and proof of purchases for things after your crash as this evidence provides proof of how much loss you have suffered.  

Knowing how an accident happened is important but something that’s equally as important is knowing how that accident impacted your life. Car accident compensation doesn’t just look at “pain and suffering” payments but all sorts of payments you may not even have considered.

• Your injury (‘solatium’) – this is the only part of your claim that reflects the pain and suffering part of your injury. In most cases, it is also actually the smallest portion of your settlement.
• Lost earnings – if your injury prevented you from working we will seek to recover any lost wages and even any impact on your pension. This is often the most high-value aspect of any claim.
• Loss of society – this is a very sad aspect but we think it’s important to let you know. If the car crash claimed the life of a loved one then immediate relatives like a spouse/civil partner, (step) siblings, (step) parents and (step) grandparents will have this loss recognised in the form of compensation.
• Services – if your injury left you house or bed-bound and reliant on help from close relatives (such as to do housework, shopping or gardening) then we can seek to reimburse that relative for the cost of this.
• Medical treatment – if there is evidence to show your recovery would benefit from enhanced treatment then we can add this to the value of your case. This is especially important for serious injury survivors as they seek to rebuild lives with a brain injury, spinal cord injury or following the loss of a limb.
• Rehabilitation and care needs – people with life-changing injuries may require ongoing or life-changing support measures. It could include home adaptations (like lowered counter tops for wheelchair users) or a dedicated rehabilitation co-ordinator worker (who often aid brain injury survivors). Should you benefit from such support then your Digby Brown solicitor can include these measures into the total value of your claim so the other side pay for it.
• Damaged belongings – if you suffered a loss of goods then this can also be recovered as part of your personal injury claim (such as personal items that were damaged in the car crash like clothing or mobile phones.)
  
  These kinds of considerations are known as ‘heads of claim’ and, in accordance with the Damages (Scotland) Act 2011, we literally list them in the paperwork we compile as we investigate and build your case. People who suffer from more minor injuries might only have three or four heads of claim – yet people who have suffered more serious injuries could have up to 15 heads of claim. 
  
  Understanding what goes into heads of claims is important for two reasons:

1. it helps you understand how your case is valued
2. it helps explains why people obtain different settlements for similar injuries
   
   Remember - it’s not what the injury was, but how it impacted your life that is key. 
   
   Imagine two people injured in a car crash. Both suffer identical leg breaks and both are off work for three months as they recover. One person works part time and the second works full time. It is likely the second person will recover more compensation because they will have suffered a higher wage loss from their time off work. 
   
   Above is a very general scenario but we hope it helps explain this complicated area of personal injury law.

Less than 1% of car accident claims go to court, most claims are settled out of Court, often because the evidence of fault (liability) is clear or it’s not in the other party’s interests to dispute a claim. 

Even if there is a dispute over who was at fault for the accident or the amount of compensation to be awarded, and a court date is set, the case could still be settled before then; as is often the case.