Injured in a Car Accident? How Our Solicitors Can Help
Finding yourself involved in a car accident can come with a variety of serious and sometimes life changing consequences, from physical injuries and financial loss to emotional trauma. If this has happened to you, and the accident was caused by another driver’s negligence, you may be entitled to claim compensation. This is where we come in. At Thompsons, our experts specialise in car accident claims and are able to help injured motorists and passengers recover the compensation they deserve.
Our solicitors for car accidents have decades of experience in car accident claims and are able to handle complex cases, from minor collisions to severe crashes that have resulted in life-changing injuries.
What sets us apart is that we understand the challenges you face after an accident and with this in mind we offer No Win No Fee representation. This means that there’s no financial risk when making a claim. We will work with you, from gathering evidence to negotiating with your insurers, providing expert legal support every step of the way.
The immediate concern in the aftermath of an accident is always to take stock of the situation, make sure that everyone is okay, that no one is at risk of further harm, and to arrange medical care for those who need it.
Do You Need a Lawyer for a Car Accident Claim?
If you’re asking, “Do I need a lawyer after a car accident?”, the answer depends on the circumstances of your case. Not every car accident requires legal representation, but in many cases, having a car crash lawyer on your side can improve your chances of receiving the compensation you’re entitled to. So, when should you consider seeking legal help? Let’s take a look.
Consider seeking legal help if:
- You or a passenger suffered serious injuries.
- The other driver disputes liability or blames you.
- The at-fault driver was uninsured or fled the scene.
- You need to claim for a child passenger or replace a damaged car seat.
If you are unsure, our professional team can assess your case for free and advise on the best course of action.
No Win No Fee Car Accident Claims: How It Works
A No Win No Fee agreement means there are no upfront costs when making a claim. If your case is unsuccessful then you pay nothing. However, if your claim is successful you will receive a pre-agreed percentage that will be deducted from your compensation. This funding arrangement removes any financial risk and ensures that you can seek justice without added stress.
Thompsons Solicitors is the leading firm in Scotland and can help you pursue your claim for compensation on a No Win No Fee basis, meaning that unless you win your case, you will have nothing to pay. This funding method helps ensure that you have the best chance of receiving compensation without putting yourself at any financial risk.
What to Do After a Car Accident: Essential Steps
There is much to be done before you can begin the process of exchanging insurance details and taking photographs. Most pertinently, you should do the following:
- Stop your vehicle as soon as possible – it is illegal not to do so
- Switch off the engine
- Turn hazard lights on
- Check to see if you or anyone else involved has sustained an injury
- Call emergency services if anyone is hurt or if the road is blocked.
Furthermore, you should call the police immediately if any other driver involved has left the scene without leaving their details or if you believe any other driver to be under the influence of alcohol or drugs. Also, it is important to call the police if you believe that the accident may have been caused deliberately. Whatever the case, you should ensure that you inform the police within 24 hours of the accident occurring.
Once this has been dealt with, there are a few practical things you can do to ensure that any necessary future insurance or car accident claim is as straightforward as possible. Most importantly, you should get the details of the other person, or people, involved, including the:
- vehicle registration number
- name and address of the driver
- driver's insurance details
You should also note down:
- the name and address of any witnesses to the accident
- the name of the road where the incident took place
- the name of any police officers called and the station from where they attended
- the accident date and time.
If you can, you should also take photographs of your damaged car as well as photographs of any other vehicles involved, as well as of your injuries and the car accident scene in general.
You’ll find some more useful information by clicking on the links below.
- Preventing car accidents
- The role of road planning on car accidents
- Child safety seats
- Getting back on the road
- RTA criminal prosecutions
- European Communities (Rights against Insurers) Regulations 2002
How to start a Car Accident Claim: Step-by-Step Guide
If you’ve been injured in a car accident it is important you take the right steps in order to strengthen your claim and improve your chances of securing compensation. Below are 6 steps you should follow after experiencing a car accident:
- Seek medical attention: Even if your injuries seem minor, a medical report will provide essential evidence for your claim.
- Report the accident: If required, notify the police, particularly in cases involving hit-and-run drivers or uninsured motorists.
- Gather evidence: Take photographs of the accident scene, damage to vehicles, and any visible injuries.
- Collect witness details: Independent witness statements can help establish liability.
- Keep records of financial losses: Include medical expenses, lost earnings, and additional costs related to the accident.
- Contact a car accident solicitor: An expert car crash lawyer can guide you through the claims process and deal with insurers on your behalf.
What Compensation Can You Claim After a Car Accident?
The amount of compensation you can claim depends on the severity of your injuries and financial losses.
A successful car accident claim may cover:
- Medical expenses, including hospital treatment, rehabilitation, and therapy.
- Lost earnings if your injuries prevent you from working.
- Future financial losses if you suffer long-term or permanent disability.
- Pain and suffering, including physical injuries and emotional trauma.
- Vehicle repair or replacement costs.
- Replacement of a damaged child car seat.
If you are claiming for a child passenger, additional considerations apply. The law requires children under 12 years old or under 135 cm in height to be properly restrained in an appropriate car seat. If the other driver’s negligence resulted in an injury to a child, the compensation awarded must reflect the specific impact of the injury on their long-term wellbeing.
Who is liable for a car accident? Proving Fault in Your Claim
To succeed in a car accident claim, you need to prove that another driver was responsible. Liability is typically determined by:
- Police reports and accident scene evidence.
- Witness statements and dashcam or CCTV footage.
- Expert accident reconstruction reports.
In some cases, fault may be shared between drivers. If you were partially responsible for the accident, you may still be able to claim compensation, though the amount awarded could be reduced. Our solicitors can assess your case and advise on the best way forward.
Why Choose Thompsons' Car Accident Solicitors?
With a 90% success rate in personal injury cases, Thompsons is one of the UK’s leading firms for car accident claims. We recover over £1 million in compensation every week and help injured motorists and passengers get the justice they deserve.
Our car crash lawyers have decades of experience handling claims involving serious injuries, disputed liability, and uninsured drivers. We understand how overwhelming the claims process can be, which is why we provide straightforward legal advice and full support throughout your case. With this in my mind, we also operate on a No Win No Fee basis, meaning you only pay if your claim is successful. This ensures that financial concerns do not prevent you from accessing expert legal representation.
Motor Insurers Bureau
Being involved in a road accident is a terrible situation. But, if you are injured and subsequently discover that the driver at fault was not insured, fled the scene or cannot be traced, a difficult situation is only compounded; and for those who are seriously injured it is nothing short of a nightmare.
Fortunately, it is still possible for injured parties to be suitably compensated. A good personal injury solicitor can help clients ensure an appropriate level of compensation by submitting a claim through the Motor Insurers Bureau (MIB).
What is the Motor Insurers Bureau?
The MIB is a central fund that was created in 1946 to tackle the problem of negligent uninsured or untraced drivers. It is funded by all of the motor insurance companies in the UK and pays compensation to the victims of road traffic accidents caused by uninsured or untraced drivers. It is estimated that around £30 of every motor insurance premium in the UK goes towards funding the bureau.
The MIB also runs the Motor Insurance Database, which keeps a record of all insured vehicles in the UK. This in turn helps the police to identify vehicles that are not insured, so that action can be taken against their registered owners.
The MIB is integral to the rights of every law-abiding motorist: research suggests that each year uninsured and untraced drivers kill around 130 people and injure more than 26,000.
Before making a claim to the MIB
There are three important things to remember before making a claim to the MIB. They are as follows:
- you should be able to identify the vehicle that was involved in the accident
- an excess of £300 will also be deducted from claims made under the untraced driver scheme for property damage after 1st October 1999
- there is a shorter time limit for MIB claims. This means that claims must be lodged within nine months of the accident
Car Seat Accident Replacement Law
Car drivers are legally bound to make sure that any child in their car under the age of 12 or less than 135 cm in height is properly restrained in a seat that is suitable for their size, age and weight. Only EU-approved child car seats can be used in the UK. These have a label showing a capital ‘E' in a circle.
Children with disabilities or medical conditions are also subject to the same rules. However, they can use a disabled person's seat belt or a child restraint that is adapted to their needs. Children with certain medical conditions may be given an exemption certificate if they are unable to use a restraint or seat belt.
If complied with, this law should significantly reduce the risk of the child being killed or injured, should they be involved in a car accident.
Using the correct car seat for your child
The car seat you choose will be based either on your child's height or weight.
Height based seats, or "i-Size" seats will be rear facing until your child is over 15 months old. Using your child's height to determine the right size of car seat can be easier to establish than by weight. These seats must conform to EU safety regulation ECE R129, and are designed to offer greater protection in side impacts than forward facing car seats.
Rear-facing i-Size car seats must be fitted to an ISOFIX fitting so that the seat is securely fitted to your vehicle's frame. There are some cars which are not suitable for i-Size seats, so you will need to check before you make a purchase.
Weight-based seats must conform to EU safety regulation ECE R44 and come in various "groups" which cover a spread of different weights and ways of securing your child.
Car Accident Claims FAQs
If you, or a loved one, have been injured in a road accident as a passenger, while riding a motorcycle or as a pedestrian, Thompsons solicitors in Scotland can answer all your questions about making a claim.
You can make a compensation claim for injuries sustained in a road accident providing you meet the following criteria:
- You have received an accident injury diagnosis from a GP or hospital doctor and it details the suffering you have experienced.
- Some other party was at least partially responsible for the incident in which you sustained the injury i.e. the driver of a vehicle or the driver of a vehicle you were the passenger in/on.
- The accident occurred less than three years ago – if you were under 16 at the time of the incident you can make a claim for the injury at any time within three years of the date on which you turned 16.
All public transport and passenger transport companies, including bus, train, coach, ship, taxi and airline operators, have a duty of care to their passengers and wider road users in respect of health and safety.
Public transport passenger accident claims can sometimes be complex; the advice of a good personal injury solicitor will ensure that your claim is made against the right defendant.
Making a claim for compensation is a relatively straightforward. All you need do is contact a personal injury lawyer with details and evidence of the accident and details of your injury diagnosis.
When you contact Thompsons, we will look at the information and be able to tell you fairly quickly the likelihood of success and offer guidance on the next steps.
If you were involved in a road accident in Scotland, but you don't live here, it can be difficult to know where to make the claim. There are three different legal jurisdictions in the UK: Scotland, England and Northern Ireland.
Regardless of where you live, if you suffered your road accident in Scotland, you should use a Scottish personal injury lawyer to claim in Scottish law.
Yes, parents or guardians can make claims for child passengers injured in car accidents.
You typically have three years from the date of the accident to make a claim.
Insurers of defendants involved in car accident claims sometimes offer to deal with the claim on your behalf or offer you a settlement before you've had a chance to obtain legal advice.
However, there is no substitute for independent legal advice and you are under no obligation to accept the defendant's offer of assistance with legal representation or a settlement. Speak to Thompsons as soon as you can as we may be able to help you achieve a better settlement.
Your solicitor will need a variety of information including:
- details of any relevant police report
- medical diagnoses of your injuries
- names, addresses and telephone numbers of any witnesses to the accident
- details of costs incurred as a result of your injuries: receipts for prescriptions, medical equipment and travelling expenses
- details of lost earnings
The more evidence you have the better, so if you have witness statements and/or photographs taken around the time of the accident, these could be useful so you should show them to your personal injury claim team.
Furthermore, provide your solicitor with any relevant costs caused by your accident. For example, receipts for prescriptions, medical equipment and travelling expenses.
The answer to this question depends on the full circumstances of your case. All cases are different and the amount of damages awarded will be based on the extent of the injuries suffered and the effect it will have on your future life.
One of the key factors in a court's decision will be the extent of your injury and how much it has impacted your life in terms of pain and suffering. Related compensation is referred to as solatium or general damages and includes the loss of physical and mental capacity to do things you could do before the accident (known as loss of amenity).
The total award will also include other sums for financial losses, known as special damages or patrimonial loss. For instance, if your injury has caused you to lose income, or you have had to pay for treatment costs, care expenses, and expensive equipment, then you can claim for these.
In the event of a death following a road accident, anyone who was financially dependent on the deceased, such as their children or surviving spouse, can claim for loss of support.
Personal injury settlements can vary from less than £3,000 for mild soft tissue injuries to six or even seven-figure sums for the most serious head or spinal injuries. Your settlement will depend on your injuries, your recovery time and the circumstances of your accident.
You may still be able to claim, but your compensation could be reduced based on your level of responsibility.
You may still be able to claim through the Motor Insurers’ Bureau (MIB), which covers accidents involving uninsured or hit-and-run drivers.
Most claims are settled without court proceedings, but if necessary, we will represent you throughout the process.
Contact Thompsons’ Car Accident Solicitors for Expert Legal Advice
If you’ve been injured in a car accident it’s important that you take legal action as soon as possible. Contact our experienced car crash lawyers for a free, no-obligation consultation today.
Call us or complete our online enquiry form to begin the process.
