Road Traffic Accident FAQ

 

Being involved in a Road Traffic Accident (RTA) is unfortunate, and will no doubt leave you asking lots of questions. We’ve created this FAQ document to help, however if you are in need of advice, don’t hesitate to call us on 0141 331 6071

  1. I’ve had to pay my policy excess even though the accident wasn’t my fault – can I claim this back?

Yes. So long as you can provide proof that it was paid.

  1. My daughter was in the accident with me, and her car seat looks fine. Should I still replace this?

Yes! The advice is to always replace safety equipment after an accident – even if it looks ok.  There could be damage to the internal structure of the car seat which compromises its ability to protect the child. If you were not at fault, we can submit a claim to the third-party insurer to recover this cost as long as you purchase a like for like replacement.

  1. Do I need to have been to the doctors or hospital to make a personal injury claim?

No, but the onus is on you to prove that you were injured. You may be required to provide a statement or attend a medical appointment confirming what injuries you sustained. Your family members or work colleagues may be able to assist with this. 

  1. I’ve had to get a bus or take taxis to work every day waiting on repairs to my car, can I claim the cost of this back?

Yes. So long as the costs are reasonable, and you can provide the receipts, then we can recover these for you.

  1. How long do I need to be injured for to make a personal injury claim?

There is no minimal duration for the length of injury. Any compensation you receive will be based on how long you were injured for and how much pain and suffering it caused. 

  1. If I hire a vehicle post RTA, can I claim the cost of this back?

This can be tricky.  You will need to make sure the hire vehicle is appropriate, this could be a like for like replacement for your own vehicle and you do not have the hire vehicle for longer than necessary.  In other words if you bought a people carrier when you had 3 children at home but now they have moved out, do you need a car that is so large? It is a question of what is reasonable in terms of what you need and are used to driving. You will need to demonstrate that you needed a hire vehicle and that you do not have access to any other vehicles.   We can arrange a hire car for you to remove the stress this can sometimes cause.

  1. My phone screen smashed in the accident and I’ll need to pay to repair it, can I claim this back?

Yes.  Please retain any receipts for items you would like to claim for. This can include damage to other items, such as glasses and clothing. Ideally photographs should be taken of the damaged items and where you are not having them repaired, keep them or send them to us as they might have to be lodged with court.

  1. Can I claim back the cost of phone calls to my insurance company?

If you can prove you have had to pay for them – Yes! Keep your phone bill or if you are pay as you go take screen shots of your call log to prove the calls were made and how long they lasted. You may consider it is not worth the effort for a few pennies but if you want us to claim the cost of this (you are entitled to it) we need to be able to prove you have suffered a loss.

  1. Can I make a personal injury claim for a child?

Yes – as long as the child was injured in the accident, we can submit a personal injury claim. Please note that any individual under the age of 16 will require a parent or guardian to act on their behalf (litigation friend).

  1. How long do I have to make a claim?

Under Scottish law, you have a period of three years from the date of the accident to either raise a court action or conclude your claim for personal injury. For any uninsured losses you have a period of five years from the date of the accident. If your claim is still outstanding after the limitation period then you may lose your right to claim.

For individuals who are under 16 at the time of the accident, the time limit for claiming does not start until their 16th birthday.