Scotland's Claim Culture? The Truth Behind False Claims
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If you’ve ever heard someone say, “Everyone’s claiming compensation these days,” you’re not alone.
The phrase “compensation culture” has been around for years. It’s often used to suggest that people are making personal injury claims for easy money or looking for someone to blame whenever an accident happens.
But is that really what’s happening in Scotland?
Read on as we discuss the facts behind personal injury claims and why genuine claimants shouldn’t be put off.
The Personal Injury Landscape Is Changing
While the number of personal injury claims across the UK has fallen over recent years, claims themselves are becoming more complex. Recent UK government data showed that motor accident claims were down to 300, 867 from 2025/2026 – less than half recorded of the 770, 791 recorded in the 10 years previous from 2015/2016.
Today’s personal injury claims can often involve multiple injuries, digital evidence, and increasingly complex medical questions resulting in detailed investigations – rather than the more straightforward claims we may have seen in the past.
Technology has fundamentally changed the way claims are handled. Clients are using AI tools such as ChatGPT to research, get legal advice and in some cases even help with representing themselves in court.
Online habits have changed who we seek advice from too. People now overwhelmingly post on TikTok, Instagram, or Facebook to share their experiences and give others advice, meaning greater trust is placed in content creators.
This has given clients more access to legal information than they’ve ever had, leaving them more empowered and confident – but it can also create confusion, and even a sense of distrust within the client/solicitor relationship.
Not everything shared on social media or online forums reflects how Scottish law actually works in practice – and there are even cases where AI usage has caused a claim to be thrown out of UK courts such as in the case of Your Home Partners.
In addition, CCTV footage, dashcams, mobile phones, smart watches and other digital records have all become valuable pieces of evidence when establishing what happened in an accident.
Every case is different, which is why tailored legal advice from an experienced personal injury solicitor remains the best option in taking your case forward.
Does Scotland Really Have a Compensation Culture?
The idea of a compensation culture has been debated for decades. Newspaper headlines and stories about fraudulent claims have helped create the impression that people are constantly taking legal action over minor accidents.
At Gildeas Solicitors, we’ve seen first-hand how these misconceptions can prevent injured people from getting the compensation they need to rebuild their lives.
While fraudulent claims do happen, they’re a very small part of the wider picture.
The reality is very different.
Genuine personal injury claims exist to help people recover after they’ve been injured because someone else failed in their duty of care.
Further, Scotland’s legal system has strict safeguards in place to identify false claims:
- The courts require evidence
- Insurers investigate cases thoroughly
- Medical experts have to properly assess injuries
- Solicitors must also follow strict professional standards before pursuing a claim
So if your injury wasn’t caused by someone else’s negligence, your claim isn’t likely to succeed.
Why Genuine People Still Don’t Make Personal Injury Claims
Ironically, the biggest problem isn’t too many false claims. It’s that lots of people who have the right to claim decide not to.
Some think they’ll be seen as trying to make money from an accident, whilst others assume the process will be too much hassle, too expensive, or they’re unlikely to succeed.
These concerns often leave injured people paying for treatment themselves, losing earnings while off work or struggling financially after an accident that was never their fault in the first place.
Ultimately, making a personal injury claim isn’t about taking advantage. The system is simply there to help you recover from the impact of an injury caused by another person’s negligence.
Why Myths Can Be Harmful
The phrase “claim culture” can make it seem as though anyone making a claim is doing something inherently wrong.
That simply isn’t true.
If you’ve suffered an injury because another person, employer, road user or organisation failed to keep you safe – making a claim is part of the standard legal process designed to put you back, as far as possible, in the position you would’ve been in before the accident.
That compensation can help cover lost earnings, medical treatment, rehabilitation, travel costs and the wider impact your injury has had on your daily life.
Without it, injured people face unnecessary financial pressure alongside their recovery.
Why Choosing the Right Solicitor Matters
As personal injury claims become more complex, having experienced legal representation is increasingly valuable.
An experienced solicitor knows what evidence is needed, understands the Scottish court system and can deal with insurers on your behalf. They can also explain the process in plain English, helping you understand your options from the beginning.
Good legal advice isn’t about encouraging people to make claims unnecessarily.
We’re here for those with genuine cases – to secure the compensation they’re entitled to, while ensuring every claim is supported by the right evidence.
Don’t Let the Claim Culture Myth Stop You
The phrase “claim culture” makes for attention grabbing headlines, but it doesn’t reflect the experience of genuine injured people across Scotland.
If you’ve been injured because of someone else’s negligence, you shouldn’t let myths or public opinion prevent you from understanding your legal rights.
At Gildeas Solicitors, we understand that making a personal injury claim might feel like a heavy decision. That’s why we’re here to provide clear advice based on your personal circumstances.
We’ll explain whether you have a claim, guide you through every stage of the process, and work to secure the compensation you deserve.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
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42 Postal Workers Bitten Every Week: Dog Awareness Week 2026
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For thousands of postal and delivery workers across the UK, their job comes with a risk that many people rarely think about until an accident happens.
That’s why Royal Mail’s annual Dog Awareness Week 2026 is a timely reminder that even the friendliest family pet can become unpredictable when someone approaches the front door.
Read on as we highlight what’s behind the rising number of dog bite accidents, what support is available, and how simple steps from dog owners can help keep everyone safe.
Dog Awareness Week 2026 will run from 6th – 12th July
According to Royal Mail, its employees reported 2,197 dog attacks during the 2024 to 2025 financial year.
That means around 42 postal and delivery workers are attacked every week across the UK, with roughly seven incidents taking place on each working day.
This year, while the number of reported attacks has remained consistently high, every dog bite accident is one too many.
Some of these attacks have resulted in permanent or life changing injuries. When an attack takes place, they must report the incident to police – and even suspend deliveries to the address until it’s safe for staff to return.
Why do dog bite accidents happen?
Many dogs naturally become protective when someone approaches their home. Even well-trained pets can react unexpectedly if they feel startled, anxious, or territorial when the doorbell goes.
Common situations that can lead to a dog bite include:
- Opening the front door before securing your dog
- Allowing a dog to run into the front garden during delivery times
- Letterboxes positioned where dogs can reach hands or fingers
- Assuming a dog has become familiar with the regular postie
While owners might know their dog’s temperament, postal and delivery workers don’t have that reassurance. Every delivery presents a new situation, making caution essential.
The impact of dog bite accidents on postal and delivery workers
A dog bite can leave far more than physical injuries. Victims can experience lasting pain, nerve damage, infections, scarring or psychological trauma such as PTSD that affects both work and daily life.
For postal and delivery workers, an injury can also mean time away from work, reduced earnings and ongoing rehabilitation. In the most serious cases, returning to the job might no longer be possible.
Can you claim compensation after a dog bite?
If you’ve been injured by a dog while carrying out your work, you may be entitled to make a compensation claim if the attack resulted from someone else’s negligence.
At Gildeas Solicitors, we understand that being involved in an accident can be traumatic, and making a claim might seem overwhelming. However, securing compensation can play an important role in helping you move on.
It can provide access to medical treatment, rehabilitation, support with adapting your home or lifestyle where needed, and help offset any loss of earnings, whether temporary or long term.
Some dog bite claims may involve breeds that are prohibited in the UK.
If the attack involved a banned breed, this could strengthen the circumstances surrounding a claim. These include:
- Pit Bull Terrier
- Japanese Tosa
- Dogo Argentino
- Fila Brasileiro
- XL Bully
Every case is different, which is why obtaining legal advice as early as possible can help you understand your rights and the options available to you.
How dog owners can help keep everyone safe during Dog Awareness Week
Blaming responsible owners isn’t the aim of Dog Awareness Week. Royal Mail’s campaign encourages dog owners to take simple steps that can prevent serious injuries to delivery staff and protect their pets at the same time.
Practical steps include:
- Keep your dog in another room before opening the front door
- Make sure gates and garden fences are secure
- Prevent your dog from accessing the letterbox
- Let those at home know when deliveries are expected
- Continue training and socialising your dog throughout its life
These simple habits can help prevent painful injuries, reduce stress for postal workers, and avoid unnecessary consequences for dogs.
Conclusion
Dog Awareness Week 2026 highlights an issue that affects thousands of postal and delivery employees every year. Behind every statistic is a person who simply went to work and suffered an injury that could often have been prevented.
But by working together, dog owners and postal workers can create safer deliveries, protect beloved pets and reduce the number of dog bite accidents across the UK.
If you’ve suffered a dog bite while working as a postal worker or delivery driver, Gildeas Solicitors can provide clear legal advice on your options for pursuing compensation.
Our experienced personal injury team understands the impact these incidents can have on your health, finances and future, and we’re here to help you secure the support you need to move forward with confidence.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
More from Gildeas:
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
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Injury Awareness Week 2026
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Nobody expects a phone call that changes their life.
A serious injury doesn’t end with the person who was hurt. It reaches further and affects our loved ones, carers, and support networks. It changes our routines, relationships, and futures.
The injury might happen in a short moment. But the consequences last for years.
For #InjuryAwarenessWeek, this year’s campaign focuses on the ripple effect of injury and the people whose lives are changed alongside it.
Injury Awareness Week 2026 will run from 22nd – 26th June
Injury Awareness Week 2026 aims to raise awareness and give insight into the impact of needless injuries on victims and their families. The campaign is run by the Association of Personal Injury Lawyers (APIL), a national organisation working to make a difference for injured people across Britain.
The APIL’s mission is for a future without needless injuries. We can’t pre-empt every single accident, but injuries caused by someone else’s negligence can and should be prevented.
During this week, we ask people to consider the often catastrophic impact of avoidable injuries, as well as thinking about what we all can do to prevent people from being injured in the first place.
The ‘ripple’ effect of serious injury
This year’s campaign shines a light not only on the challenges faced by injured people, but also on the wider impact on our families, carers and support networks who are often affected too.
The APIL said of this year’s campaign, “More than 430,000 people were injured by negligence last year in the UK, including at work, on the roads, in public spaces, and during medical treatment.
For each one of those injured people, there are several people around them picking up the pieces and feeling the knock-on effect of negligence.”
Our role during Injury Awareness Week
At Gildeas Solicitors, we’ve seen countless preventable accidents resulting from negligence, whether it be from inattentive drivers, employers, in a clinical setting, or in a public place.
The outcome remains the same – a person’s life has been turned upside down, and maybe had its course altered forever, because someone else did not take proper care.
Injuries caused by negligence can be prevented, but it takes a collective effort and a commitment to safety.
Personal injury law provides compensation so that injured victims of negligence can rebuild their lives as best they can. That’s where we come in.
At Gildeas, we’re proud to champion this cause and strive towards a future where people feel safe – and their loved ones too.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
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Personal Injury Solicitors Warn These Summer Accidents Are More Common Than You Think
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Summer is a time for quality time, trips abroad, and outdoor fun – but it’s also one of the most dangerous seasons when it comes to personal injury claims.
With the spike in outdoor activities and travel, the summer months often see a rise in accidents that can leave victims facing painful injuries, lost wages from missed work, and the stress of trying to get back to normality.
From public parks to holiday hotspots, these are the accidents that lead to personal injury claims every summer.
Think summer is the safest time of year? These accident statistics tell a different story
Many people feel that UK holidays are safer because we’re closer to home and can access the NHS if something goes wrong. But is that really the truth?
It’s not always the case. The summer months can be a hectic time for A&E departments, with NHS Scotland recording 264,899 total admissions in 2025 – a 3% increase from the previous year.
Illnesses related to the warmer weather are of course contributing to some of these numbers.
But we see also see a rise in injuries caused by negligence – and the types of accidents that happen are as varied as our summer destinations. For example:
Summer means more people on the road – holidaymakers and tourists, younger drivers on breaks from school or uni, and families headed to national parks to name a few examples.
This increase in traffic naturally leads to more accidents. Other reasons for the increase in collisions can be stress and fatigue from travel, speeding, or driving in unfamiliar areas.
Motorbike and cycling accidents
Longer days and warmer weather encourage people to get out on two wheels. Unfortunately, bikers and cyclists are much more vulnerable than other road users meaning a rise in these types of accidents at this time of year.
The festival period tends to fall in the summer months which is a common place for slips and trips with the combination of crowds, uneven ground and alcohol consumption.
Lots of us may also spend more time at the swimming baths where floors are wet and injury is likely to occur.
Nature is calling – but the outdoors can be unpredictable. Playgrounds, parks, farms and activity centres all increase in visitors during the warmer months.
Summer activities can also result in getting into trouble in the water, or equipment-related injuries. Poorly maintained tour routes, holiday parks, and camping sites can cause injuries too.
Dog bite accidents and animal attacks
Better weather means more people bring their pets out during summer, increasing the chances of dog bites or attacks, especially in public parks or scenic areas.
Many summer accidents happen during everyday activities, but knowing your rights could make all the difference
Sometimes we take more risks on holiday – what the Safer Tourism Foundation calls “holiday head”. However, if you were injured because someone else failed in their duty of care, you may be entitled to make a claim.
Gildeas Director Emma Thomson says, “Under the Occupiers’ Liability Act 1957, local councils and private property owners have a duty to keep visitors to their premises as reasonably safe as possible.”
They can be held liable for injuries due to negligence – meaning you might be able to make a claim for injuries you’ve sustained as a result of using faulty equipment or inadequate supervision.
If an accident spoils your summer plans, knowing the right steps to take could help protect a future claim
At Gildeas Solicitors, we understand how quickly a fun summer can turn into a painful experience.
Whether you’re enjoying a backyard BBQ, heading abroad or just enjoying some of our beautiful scenery at home – it’s important to stay vigilant and know your rights if something goes wrong.
We fight for fair compensation in every personal injury case we take on. With offices in Glasgow and Edinburgh and a robust support team, we’re equipped to take on even the toughest summer injury claims, and we don’t get paid unless you win.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
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What's Really Fuelling Tension on Scotland's Roads? World Bicycle Day 2026
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Every year on 3rd June, World Bicycle Day celebrates the bicycle as a simple, sustainable, and accessible form of transport.
Yet as cycling continues to grow across Scotland and the wider UK, so too does a challenging conversation about how cyclists, motorists, pedestrians, and other road users coexist safely.
For World Bicycle Day 2026, it’s worth examining a growing issue that affects communities across the country, particularly in cities like Glasgow: the increasing division between cyclists and other road users.
While debates around road space, cycling infrastructure, and road safety often become heated, the reality is that everyone benefits from safer roads and greater mutual understanding.
Rising Cycling Accidents Highlight Safety Concerns
Recent figures have brought renewed attention to the risks faced by cyclists on Britain’s roads. During 2025, more than 4,300 people were killed or seriously injured while travelling on two wheels, representing a 14% increase compared to 2024 – the fastest annual rise recorded in the past decade.
At the same time, overall road casualties increased by 4% in 2025, although long term trends still show a slight decline in fatalities and serious injuries. One factor discussed by road safety experts is the deteriorating condition of roads across the UK.
Potholes have become a major concern for motorists and cyclists alike. While drivers often face costly vehicle repairs, cyclists are particularly vulnerable. A damaged road surface that might result in a puncture for a car can cause a cyclist to lose control, leading to serious injury.
In many cases, poor road maintenance presents a shared risk that affects all road users, regardless of how they travel.
Glasgow’s Changing Streetscape
The discussion surrounding cycling infrastructure has become increasingly visible in Glasgow as the city continues to invest in new cycle lanes and active travel routes.
Supporters argue that dedicated cycling infrastructure improves safety, encourages healthier lifestyles, reduces congestion, and helps meet environmental targets. However, not everyone agrees with the approach.
Research into public attitudes towards cycling infrastructure has found that the strongest opposition often is less about cyclists themselves and more about the execution. Many critics argue that public funds would be better spent addressing issues such as potholes and road maintenance before investing in additional cycle lanes.
These concerns are understandable, particularly given the poor condition of many roads across Scotland. However, framing the debate as a choice between motorists and cyclists risks overlooking a simple reality: both groups rely on safe, well-maintained infrastructure.
Understanding the Growing Divide
The relationship between cyclists and drivers has long been a source of debate. In recent years, social media, local news coverage, and online discussions have often amplified frustrations on both sides.
Many drivers feel cyclists should make greater use of dedicated cycle lanes where available. Cyclists, meanwhile, often point to concerns about poorly designed routes, safety issues, and infrastructure that doesn’t provide a practical journey from start to finish.
Another common misconception is that cyclists don’t contribute towards the roads they use. In reality, roads are funded through general taxation, meaning cyclists, motorists, and pedestrians all contribute to the infrastructure they rely upon.
Equally, accusations that cyclists routinely ignore the rules of the road are often met with the argument that dangerous behaviour is not exclusive to any one group. Whether it’s speeding, distracted driving, cycling through red lights, or unsafe overtaking – poor decisions can be made by individuals regardless of their chosen mode of transport.
The challenge is that negative experiences tend to leave a lasting impression. A motorist delayed by a cyclist may develop frustration towards cyclists generally. Similarly, a cyclist subjected to a dangerous close pass may become distrustful of drivers as a whole.
Neither perception accurately reflects the majority of responsible road users.
The Impact of Food Delivery Cyclists
Another factor contributing to tensions in urban areas is the growth of app-based food delivery services. The rise in delivery workers using e-bikes and scooters has changed the way many people experience city centre roads and pavements.
Incidents involving delivery riders have attracted public attention and, in some cases, have fuelled perceptions that cyclists are becoming less considerate or more dangerous. Unfortunately, this can lead to unfair assumptions about cyclists as a whole.
The vast majority of people who cycle, whether for commuting, leisure, exercise, or work, are simply trying to travel safely from one place to another. Isolated incidents involving a minority of riders shouldn’t define perceptions of an entire group.
Finding Common Ground
For all the disagreements that exist, there is considerably more common ground than many people realise.
Most drivers also cycle at some stage in their lives. Many cyclists are motorists themselves. Both groups want roads that are properly maintained, clearly designed, and safe to use.
Reducing conflict requires effort from everyone. Drivers can help by:
- allowing adequate space when overtaking cyclists,
- remaining patient in congested areas,
- and recognising the vulnerability of those travelling on two wheels.
Reducing conflict requires effort from everyone. Drivers can help by:
- following the Highway Code,
- using appropriate infrastructure where practical,
- and showing consideration for other road users.
Local authorities also have an important role to play through investment in road maintenance, thoughtful infrastructure planning, and public education campaigns that promote shared responsibility.
World Bicycle Day 2026: A Shared Responsibility
As World Bicycle Day 2026 reminds us, cycling remains an important part of a modern transport network. Regardless of how you travel, every road user has a role to play in creating safer and more respectful streets.
At Gildeas Solicitors, we understand the serious impact cycling accidents can have on individuals and families.
If you’ve been injured in a cycling accident caused by another road user, dangerous road conditions, or inadequate road maintenance, our dedicated cyclist injury team can provide expert legal advice and support.
This World Bicycle Day, the conversation shouldn’t focus on motorists versus cyclists. Instead, it should centre on how we can reduce cycling accidents, improve road safety, and ensure that everyone can travel with confidence.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
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Business As Usual? World Day for Safety and Health at Work 2026
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World Day for Safety and Health at Work 2026 explores safe and healthy working environments as an essential principle and a legal right.
Observed each year on 28th April, the day helps to raise awareness around the prevention of accidents at work and ill health globally.
Read on as we discuss this year’s theme and detail a case study from a Gildeas client who sustained a life-changing injury at work.
Why do we have a World Day for Safety and Health at Work?
The International Labour Organization (ILO) started the initiative in 2003 to promote safe and healthy work across the world. Every year, they highlight how creating and upkeeping a strong health & safety culture can help reduce the number of work-related deaths and injuries.
And the statistics are shocking:
- Globally, 2.93 million workers die each year as a result of work-related factors*
- 395 million workers sustain a non-fatal injury at work every year
- In the UK, 40.1 million working days were lost due to work-related illness and injury**
- And 964,000 people reported suffering from work-related stress, depression or anxiety
This year’s theme for World Day for Safety and Health at Work is on ensuring a healthy psychosocial environment. A psychosocial environment is another way to refer to your everyday working conditions – for example organisational practices, and how your work is designed and managed. This could be things like your working hours, workloads, amount of support, and if your work has fair and transparent processes.
All of these factors strongly influence how employees experience work, affecting their safety, health and performance.
Some examples of common issues affecting workers:
- Long working hours with no breaks
- Lack of communication and transparency at work, leading to job insecurity or doubt over job roles
- Broader work culture – policies such as monitoring and supervision, lack of procedures to prevent workplace bullying and harassment, or performance & reward processes
- Excessive workloads – high demands, little access to resources, expectations or work pace. This leads to stress causing ill health, cardiovascular diseases, and poor mental health
Psychosocial risks arise from these factors.
How Gildeas Solicitors can help
Gildeas frequently represent clients who have sustained life-changing injuries as a result of accidents at work.
In 2022, Gildeas settled a case on behalf of a client who was employed at an abattoir as a hygiene and line operative. As a result of poor training policies and defective emergency stop buttons on the line, our client suffered a 2cm incision from an accident with a knife. The wound left scarring and psychological symptoms.
Two years later, we represented a separate client employed as a butcher at the same abattoir. Due to poor risk management procedures and a lack of PPE, our client was left with severe lacerations, swelling and bruising which left permanent scarring after he was kicked in the face by a cow.
In both cases, our clients were unable to return to work. Gildeas Director and certified personal injury specialist, Emma Thomson assisted both men and recovered significant provision for their loss of earnings and rehabilitation needs.
World Day for Health and Safety aims to prevent accidents like this by identifying and mitigating risks early. By raising awareness, we hope workplaces can reflect on the importance of safe and healthy working environments, and how we continue to evolve our practices to protect employees.
How do I know if I can claim for an accident at work?
You should take advice from your solicitor. A good solicitor can inform you if your accident circumstances mean you’re eligible to make claim.
Our team deal with hundreds of individuals and businesses alike in accident at work claims.
So, if any of the above sounds familiar to you and you need some help, please contact our specialist personal injury lawyers today.
If you or a loved one is suffering, don’t hesitate to ask for support.
* Figures from International Labour Organisation, 2023
** Figures from Health & Safety Executive, 2024 – 2025
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
More from Gildeas:
- Off Work And Skint: How We Recover Your Loss of Earnings
- How Much Will I Get? And 9 Other Questions About Personal Injury Compensation
- What Happens Next In Your Personal Injury Claim
- FAQs
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
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Credit Hire in Personal Injury Claims: How It Works And What to Expect
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After a car accident, one of the first concerns many drivers face is losing their car.
At Gildeas Solicitors, we understand that after an accident, getting moving and back to your day to day is absolutely critical.
Credit hire services can be a way of solving this problem, offering a temporary vehicle without any expensive upfront costs. But while this service is vital, credit claims need to stand up to being scrutinised in court.
Read on as we explain the key points you need to know.
What is credit hire?
Credit hire is not a company car.
If your vehicle was damaged or written off due to an accident that wasn’t your fault, instead of going to your insurers, you might choose a credit hire company.
They will supply you with a vehicle on a ‘credit’ basis (i.e., a loan) whilst yours is being repaired, or if it’s written off.
What are the benefits of credit hire?
- The innocent person involved in a road traffic accident doesn’t need to make a claim on their insurance and pay an excess – which can be expensive, depending on your policy.
- In most situations, there is no upfront cost. This makes it an attractive option for people who can’t afford to lose their vehicle, or who can’t afford the expense of an alternative.
- A replacement vehicle from a credit hire company usually arrives more quickly than one from your insurers.
- Credit hire companies sometimes have additional benefits, e.g., the company pay to clean the car whilst you have it, or they might give you a small payment towards fuel.
- Credit hire companies also tend to have a larger source of vehicles, so you’re more likely to get a similar vehicle to your own.
How does credit hire work?
Most personal injury solicitors work in partnerships with credit hire companies to offer this service.
You’ll be asked to sign a credit hire agreement with a credit hire company before receiving the replacement vehicle.
The costs of hiring a vehicle are factored in as a part of your claim and recovered from the insurance company of the driver you’re making a claim against.
Key points in proving a credit hire claim:
It’s your solicitor’s responsibility to justify to the court why you needed to hire a vehicle.
That’s why it’s essential that you give accurate information to your solicitor and the credit hire company. You should check both the agreement and their T&Cs before you sign anything.
If your solicitor can’t 100% prove why you needed a hire vehicle, this part of your claim could fall through.
Unfortunately, by law this means that you are then responsible for the costs of hiring the replacement vehicle.
Mitigating your losses in credit hire claims
In personal injury law, there’s a rule which means that when making a claim, you still have a responsibility to make sure any losses you’ve incurred are as minimal as possible – whether it was financial, your injuries, or otherwise.
This is called mitigating your losses and it also applies to credit hire claims. Your solicitor will need to prove to the court why the credit hire costs were reasonable, for example:
Duration:
Even if your solicitor can prove that you 100% needed to hire a vehicle, they also need to justify if the length of time it was hired for was reasonable. If there are unnecessary delays, this could be picked up on by the other side.
Vehicle hire rates:
The court decides on how much of the hire costs to award you. It usually makes this decision based on your income. It’s your solicitor’s job to provide evidence about this. For example, if you couldn’t afford to pay the upfront costs for a hire car, then the court is more likely to award you the full hire costs. The legal term for this is “impecunious”.
But if you had plenty of cash coming in or significant savings in the bank, the court would expect you to have footed the bill to hire a replacement car. This is called being “pecunious”. Being pecunious means you might only be awarded a basic hire rate, or worse – this part of your claim can fall through.
What can I expect if I make a credit hire claim?
If you take up this service, you’ll probably be faced with questions from your solicitor like:
- Why do you use your car – for work, commuting, etc?
- Was there another family car available to you?
- Could you have paid for a hire car with your own money?
- Could you have paid for repairs to speed up the process?
Your solicitor will ask you for evidence to explain your situation, e.g., bank statements.
It sounds daunting but, with your help and co-operation, your solicitor will likely be able to resolve the matter in an efficient manner.
When should I use credit hire?
You should take advice from your solicitor. A good solicitor can inform you when you can use credit hire, and when you might not be eligible.
In conclusion, credit hire is a necessary service – but it must be fair, reasonable and be able to stand up in court when scrutinised by the other side.
Our credit hire team deal with hundreds of individuals and businesses alike in credit hire claims.
So, if any of the above sounds familiar to you and you need some help, please contact our specialist personal injury lawyers today.
If you or a loved one is suffering, don’t hesitate to ask for support.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
More from Gildeas:
- Impecuniosity: The Little Known Legal Principle That Could Increase Your Compensation
- Mitigation: Could You Lose Out On Compensation Without Realising It?
- Maximising Your Compensation: A Step by Step Guide
- FAQs
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
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As A Lawyer For Injured Motorcyclists, This is the Conversation Riders Avoid
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After years representing injured riders, Stephen Hay knows how quickly a single accident can lead to a traumatic brain injury.
In this guest blog for Brain Injury Awareness Month, he explains the lasting impact these injuries can have and why early support matters.
March is the first month of Spring, but also the time that seasonal bikers start to dust off their kit and get back out on their bikes.
As the year goes on the sound of motorcycle engines becomes more noticeable for the next 6 months or so.
It’s also at this time of year that Gildeas receives more contact from bikers and their families seeking assistance when they have been involved in an accident.
All too often, despite the protection afforded by modern helmets – brain injuries are suffered.
Traumatic brain injuries
No longer does the medical profession note someone was unconscious for a brief period. This is now considered a Traumatic Brain Injury.
With increasing medical knowledge, the immediate impacts of such an injury are now being identified – as are the possible impacts in later life.
Brain injuries of course are not only the preserve of motorcycle accidents. They can also arise from bicycle accidents, pedestrian accidents and workplace accidents. No matter the cause – the impact can be significant.
Such injuries can lead to memory or cognitive loss, reduced concentration and problem solving, personality changes, fatigue, speech issues, loss of co-ordination and mental health issues.
As a consequence, these injuries can have wide ranging impacts on all aspects of life. Employment will no doubt be impacted, as will relationships with family members and friends.
How Gildeas assist with traumatic brain injury
This is why we at Gildeas work closely with rehabilitation providers to try and secure early rehabilitation – as this is shown to provide the best long term outcome.
In the same way that soft tissue can be damaged and needs physiotherapy, we have clear relationships with trauma-informed specialists who provide physiotherapy for the brain, known as neuro-physiotherapists.
They work with the injured person to assist them in getting back as much of their previous abilities as possible.
We understand the issues that arise from brain injuries and the losses that can arise. The Scots Law of damages will put you back in the position you would have been in but for the other side’s fault and negligence – insofar as money can.
Therefore, if your career is affected by the injury and you will not earn as much as you would have had the accident not happened – the difference is recovered. If as a result your pension will be lower – the difference is recovered.
If you will need help with daily tasks – the cost of this is recovered. These losses are losses we would seek to minimise through early treatment and rehabilitation.
Meaning you return as close as possible to the person you were before the accident.
In conclusion
Our experience in dealing with brain injuries allows us to identify the issues and provide solutions.
Every person is different and every person reacts differently to injuries.
We make personal injury personal because nobody goes through what you go through.
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Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
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Impecuniosity: The Little Known Legal Principle That Could Increase Your Compensation
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After an accident, there’s so much going on.
Your injuries, getting to medical appointments. Having to take time off work.
But what many people in Scotland don’t realise is there’s a little-known legal principle that can have a significant impact on the value of their claim.
It’s called impecuniosity. And in the right circumstances, it can make a massive difference to the outcome of your claim.
What is impecuniosity?
Impecuniosity simply means financial hardship.
In the context of a personal injury claim in Scotland, it refers to your financial situation after an accident. For example, if you were able to absorb certain costs yourself.
Many people fall under the definition of ‘impecunious’ during their personal injury claim. You might too if:
- You don’t have enough savings
- If your income stopped or reduced
- If you had to rely on credit or family support
You shouldn’t be penalised for not having savings
People worry that admitting they don’t have enough savings will weaken their case.
In reality, the opposite can be true. The law in Scotland doesn’t expect injured people to have large sums of money set aside to deal with someone else’s negligence.
If an accident has left you struggling financially, that’s not something to be embarrassed about. It might be an important part of your claim.
Why impecuniosity matters more than you might think
Insurers often argue that injured people should’ve chosen the cheapest possible option when dealing with losses in a personal injury claim.
For example, after a road traffic accident, an insurer might say that you should’ve paid for a replacement car rather than going for a credit hire option.
But what happens if you couldn’t afford to?
This is where the law takes your financial situation into account and impecuniosity becomes important.
If you can show that you didn’t have the financial means to pay upfront, the law recognises that your options were limited.
So if you end up hiring a vehicle for a period of time, it’s justified.
This ‘expense’ can be factored in as a loss in your personal injury claim – putting you back to the position you were in financially before the accident.
Common examples in Scotland
We frequently see impecuniosity issues arise in cases involving:
- Road traffic accidents where a vehicle is written off and there are no savings available to replace it
- Workplace accidents where overtime, bonuses or shift allowances stop immediately after the injury
- Self-employed individuals whose income drops overnight
- Serious injuries that result in long periods on statutory sick pay
In each case, the accident does more than leave you dealing with an injury.
It creates a strain financially. The law recognises that reality.
How do you prove impecuniosity?
If an insurer tries to challenge this, it can mean the difference between recovering your full losses and having part of your claim reduced.
So proving you’re impecunious needs to be supported by evidence.
This could be bank statements, wage slips, proof of savings, or other details of regular outgoings at the time of the accident.
We’re not interested in prying into your life.
The goal is to demonstrate your genuine financial position so that insurers can’t unfairly argue that you had cheaper alternatives available.
When it’s handled correctly – this evidence can strengthen your claim considerably.
Why early legal advice is essential
Impecuniosity is rarely explained by insurers. It’s not something they volunteer information about.
If this issue isn’t raised and properly evidenced at the right stage of your claim, you might lose the opportunity to bring it up later on.
An experienced personal injury solicitor will aim to find out if you could be classed as impecunious or not. They can also further advise you on what documentation is needed.
For clients across Scotland, that advice can be invaluable at a time when you need the most help.
Clarity brings confidence
Understanding how impecuniosity works can remove a great deal of uncertainty –
- It explains why certain costs arise after an accident.
- It clarifies why evidence of your financial position matters.
- And most importantly, it reassures you that the law does recognise the financial realities people face.
If you’re pursuing a personal injury claim in Scotland and are concerned about the financial impact of your accident, it’s worth seeking professional advice.
A clear explanation at an early stage can make a meaningful difference to the outcome of your case and to your peace of mind.
If you or a loved one is suffering, don’t hesitate to contact us for support.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
More from Gildeas:
- What Happens Next In Your Personal Injury Claim
- How Much Will I Get? And 9 Other Questions About Compensation
- Maximising Your Compensation: A Step by Step Guide
- FAQs
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.
More to explore
Off Work And Skint: How We Recover Your Loss of Earnings
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We understand how important it is to have clarity when it comes to all the different parts of a claim.
Loss of earnings can be one of the hardest financial impacts after an accident, yet it can seem complicated.
This short guide explains what loss of earnings means, what you can claim for, and how to make sure your losses are properly evidenced.
Can I claim compensation for loss of earnings?
You can claim for loss of earnings if an injury has forced you to take time off work or reduced your potential ability to earn. You can make a claim if:
- The accident wasn’t your fault and occurred in the last three years
- Your injuries were caused by the accident
- You suffered financial losses as a result
What counts as loss of earnings?
A loss of earnings claim is based on net earnings. Loss of earnings in a personal injury claim covers:
- Your take-home pay after tax and NI
- Commission and tips
- Regularly earned overtime pay and bonuses
- Future earnings such as promotions or your pension, e.g., if you were forced to take a lower-paid role due to being significantly impaired after the accident.
- For self-employed people, it can cover lost profits, lost contracts, etc.
How can I prove loss of earnings?
Proving loss of earnings in a personal injury claim requires documented evidence of your income before and after the accident.
Types of evidence we look for:
- At least 3-6 months worth of payslips
- Your contract
- Records of absence such as sick notes, medical records, company sickness records, etc.
- For self-employed people, tax returns, income records, and your profit and loss accounts can be used.
How much can I claim for loss of earnings?
With personal injury, you can claim 100% of provable lost earnings.
The amount is decided based on your take-home pay after tax and NI. For an accurate calculation, especially with future losses or complex self-employment income, it’s best to consult with a personal injury solicitor.
Can you claim for loss of earnings if you get sick pay?
Yes, because a loss of earnings claim allows you to recover wages lost due to absence from work. Your solicitor has a duty to ensure all losses are recovered.
How much can I claim if I received sick pay?
Sick pay is taken off your compensation amount. This is because you would be paid twice for the same period of illness – once from your employer and then again in your claim. How much is taken off depends on the type of sick pay you received and how long you were off work for.
If you are paid Statutory Sick Pay (SSP):
If you only received SSP, this will be taken off your usual wage, and you can claim the difference.
Your solicitor will calculate the total loss of earnings, deduct any sick pay received, and ensure the final settlement accurately reflects your actual financial loss.
If you are paid Contractual Sick Pay (or sick pay from your employer):
Your employer might offer a sick pay scheme that is more generous than SSP.
Some people have a clause in their contract which says that contractual sick pay must be paid back to your employer if you win a compensation claim.
You will need to check your contract or ask your employer for more details.
If your contract has this clause, then the amount should be added to your claim.
For these reasons, it’s important that you contact a specialist personal injury solicitor. If this clause is missed, you could be out of pocket and owe your employer the full amount of the contractual sick pay you received whilst off.
How to claim loss of earnings when you’re self-employed?
You can still make a loss of earnings claim if you’re self-employed. You just need to prove your losses in a different way. Evidence we look for:
- HMRC tax returns, profit and loss accounts, business bank statements from 3 years before the accident to show income trends
- Records of lost work, e.g., cancelled appointments or contracts, invoices, diaries, emails – documentation that proves you lost income due to being injured
- For new businesses, bank statements, contracts and business plans can be used.
- Medical evidence is essential to prove you couldn’t work due to injury.
We highly recommend you contact a specialist personal injury solicitor if you are self-employed.
What steps to take when off sick due to an accident?
If you’re injured due to an accident, you can help prepare for your claim by:
- Telling your employer: Tell your employer immediately about the accident and your incapacity to work.
- Getting a sick note: Get a doctor’s note to prove you’re off sick.
- Gathering evidence: Gather your contract and at least 3 months of pay slips before your accident.
- Seeking advice: Contact a personal injury solicitor to make sure all losses are properly calculated.
Conclusion
Loss of earnings claims can feel complex, particularly when sick pay, self-employment or future income are involved.
We know it can seem like a lot, but with proper evidence and guidance from a solicitor, you can ensure that all aspects of your recovery will be properly accounted for – and you’re not left out of pocket because of an accident that wasn’t your fault.
If you or a loved one is suffering, don’t hesitate to contact us for support.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
More from Gildeas:
- What Happens Next In Your Personal Injury Claim
- How Much Will I Get? And 9 Other Questions About Compensation
- Maximising Your Compensation: A Step by Step Guide
- FAQs
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.