The Ultimate And Comprehensive Guide To Road Traffic Accident (RTA) Claims
Sarah John's
Legal Writer
If you have been injured in a car accident, you may be able to claim compensation. Whatever your injuries, our panel of solicitors could assist you in obtaining the necessary compensation and rehabilitation. The reasons and circumstances of traffic accidents might differ greatly from one another.
It’s natural if you need to learn how to claim compensation after a car accident if you’ve never had to go through the process before. If you’re still determining whether or not you’ll be able to claim, you may contact us on 0141 280 1112 for a free initial consultation about your case with one of our lawyers. Alternatively, read the answers to frequently asked questions concerning traffic accidents below.
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What Are The Causes Of Road Traffic Accidents? (RTA)
Car accidents can occur due to various reasons, and they can result in different types of injuries. The severity of the injuries sustained in a car accident depends on several factors such as the speed of the vehicles involved, the angle of the collision, and whether the occupants were wearing their seatbelts. Here are some of the causes and injuries of car accidents:
Causes of car accidents:
- Distracted driving (texting, eating, talking on the phone, etc.)
- Drunk driving
- Speeding
- Reckless driving (swerving, tailgating, running red lights, etc.)
- Poor weather conditions (rain, snow, fog, etc.)
- Mechanical issues (faulty brakes, tire blowouts, etc.)
- Rear-end collisions
- Multiple car accidents
Some common injuries sustained in car accidents include:
- Cuts and bruises
- Whiplash
- Broken bones
- Traumatic brain injuries (TBI)
- Spinal cord injuries (SCI)
- Internal injuries (organ damage, internal bleeding)
- Amputations
- Death
What Should You Do After The Accident? Do And Dont’s
If you have been involved in a car accident, here are some essential steps to take at the scene:
- Stay Calm, and don’t leave the scene.
- Check yourself and others for injuries and call for medical help if needed.
- Move the car to a safe place and turn on the hazard lights.
- Exchange information with the other driver(s) involved, such as name, contact information, insurance policy number, and license plate number.
- Document the accident scene by taking pictures or videos of the vehicles, the location, and any damages or injuries.
- Contact the police and report the accident. Obtain a copy of the police report.
- If there are witnesses, get their names and contact information.
- Notify your insurance company about the accident as soon as possible.
- Refrain from admitting fault or discussing liability with anyone at the scene.
- Keep all documents related to the accident, such as medical bills, repair bills, and insurance documents.
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Check Are You Eligible To Claim Road Traffic Accident (RTA)
In Scotland, the following individuals may be able to make a car accident claim:
- The driver of a vehicle who has been injured in an accident caused by the fault of another driver.
- A passenger was injured in a vehicle due to an accident caused by the fault of another driver, including passengers in both the at-fault and non-fault vehicles.
- Pedestrians, cyclists or motorcyclists have been injured in an accident involving a motor vehicle where the driver is at fault.
- Family members or dependents of someone who has been killed in a car accident caused by the fault of another driver may be able to claim compensation for their loss.
It’s important to note that in Scotland, the law relating to car accident claims can be complex, and there are strict time limits for making a claim. It’s advisable to seek the advice of a qualified solicitor specialising in personal injury claims in Scotland to determine if you are eligible to make a claim and guide you through the process.
What Is The Process For Making A Road Traffic Accident Compensation Claim?
After we agree to take on your case, we’ll find out what happened to figure out who’s to blame for your injuries. We’ll also figure out if you need rehabilitation and help you get the help you need.
Once we know who is to blame for your injuries, we’ll do everything possible to get them to admit fault. In some cases, you could get early compensation payments to cover any costs you have right away. Most of the time, you and your opponent will agree on how much money you will get as compensation. When this isn’t possible, the case will go to court. If this happens to you, we’ll be there for you every step of the way.
The process of making a road traffic accident compensation claim in Scotland typically involves the following steps:
Seek medical attention: It’s important to get medical attention for your injuries as soon as possible, both for your health and to record your injuries.
Collect information: Collect as much information as possible about the accident, including the date and time, the location, and the contact and insurance details of any other drivers involved.
Contact a solicitor: Contact a solicitor specialising in personal injury claims to discuss your case and get legal advice.
Investigation: Your solicitor will investigate the accident, collect evidence and assess the strength of your case.
Pre-action protocol: Your solicitor will send a formal letter of claim to the other driver, outlining the details of the accident and your injuries and requesting compensation.
Negotiation: The other driver’s insurance company may offer a settlement at this stage, or negotiations may take place to agree on an appropriate amount of compensation.
Court action: If a settlement cannot be reached, your solicitor may advise you to take court action. A judge will assess the case and decide on the amount of compensation you are entitled to.
Compensation: If your claim is successful, you will receive compensation for your injuries, expenses and any loss of income.
It’s important to note that the process can vary depending on the circumstances of the accident and the severity of the injuries sustained. A solicitor specialising in personal injury claims can guide you through the process and provide more detailed information about what to expect.
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I Have Been Injured In A Road Traffic Accident That Was Not My Fault Can I Claim?
At HD Claims, we’re here to help you through every step. After you contact us, one of our case coordinators will take a detailed statement from you. We will then start to gather information about the accident, your injuries, and any other losses you have suffered because of the accident.
Our group of lawyers will set up a meeting with a medical expert who is qualified enough to look at your records and examine you. They will then create a medical report showing your injuries and your prognosis. This helps us figure out how much your claim is worth.
We take the stress out of claiming personal injury. We’ll take care of all the steps that need to be taken to reassure you as your case moves forward.
If your injuries need treatment, we can put you in touch with different rehabilitation providers who can help you get better. Depending on your injuries, this can mean both physical and mental care. If you’ve paid for your treatment out of pocket, you should keep proof of payment so we can add the costs to your claim.
Can I Claim Compensation If The Accident Was My Fault?
To effectively claim personal injury compensation, you must be able to show that another person or organisation’s negligence was the primary cause of the accident. As a result, you cannot submit a claim if you are solely to blame for the accident. If you’re not sure if you can make a claim, call us on 0141 280 1112 for a free consultation. We’ll be happy to talk about your case.
Can I Claim That I Was Injured As A Passenger When The Driver Had Been Drinking Or Taking Drugs?
Even though your car’s driver was at fault, if you were injured while travelling, you could make a compensation claim. The compensation you receive can be reduced if you knew the driver was under the influence of drugs or alcohol but got into the car.
I Wasn’t Wearing A Seatbelt, Can I Still Claim In A Road Traffic Accident?
Seat belts are required by law, but you can still claim compensation if you weren’t wearing one when you were hurt.
If you weren’t wearing a seatbelt, your compensation would likely be decreased.
How Long Do Road Traffic Claims Take?
Every case is unique, and the length of time it will take to settle your particular case could range from a few weeks to several months or even a couple of years. This will largely depend on the severity of your injuries, the amount of time it is anticipated to take you to recover, and whether liability for the accident is in dispute.
Rta Claims Time Limits
In Scotland, the time limit for making a personal injury claim following a road traffic accident (RTA) is usually three years from the accident date. This time limit is set out in the Prescription and Limitation (Scotland) Act 1973.
This rule has some exceptions, and the time limit may be shorter in certain circumstances. For example, if the accident involved a child, the 3-year time limit starts on the child’s 16th birthday, meaning they have until their 19th birthday to make a claim. Additionally, different time limits may apply if the accident occurred outside of Scotland.
If you have a personal injury claim following an RTA in Scotland, it’s important to seek legal advice as soon as possible. A personal injury solicitor can advise you on the specific time limits that apply to your case and help you to gather the evidence you need to support your claim.
How Much Compensation Will I Receive For A Road Traffic Accident?
The compensation you may receive for a personal injury claim can vary widely depending on several factors. Here are some of the factors that can affect the amount of compensation you may receive:
The severity of your injuries: The more serious your injuries, the higher the compensation you may receive. This can include physical injuries and any emotional or psychological trauma you may have suffered.
The impact on your daily life: If your injuries have significantly impacted your ability to carry out day-to-day activities, this can increase the compensation you may receive. For example, if you have been unable to work or require ongoing medical treatment or assistance with daily tasks.
The level of liability: If the other party was fully responsible for the accident, you might be entitled to more compensation than if you were partially at fault. Conversely, you may not be entitled to compensation if you were fully responsible for the accident.
The amount of financial loss: Any financial losses you have incurred due to the accident, such as medical expenses or lost income, can also be factored into the compensation you may receive.
Jurisdictional laws: Different jurisdictions have different laws regarding personal injury compensation, which can impact the amount you may receive.
It’s important to note that there is no set formula for calculating personal injury compensation, and the amount awarded can vary significantly from case to case. Suppose you are considering making a personal injury claim. In that case, it’s best to consult with a local personal injury lawyer who can advise you on the specific factors that may affect the compensation you could receive.
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