Road Traffic Accidents

If you had filled your car with petrol in the hours before the accident then please send in a receipt, and we will look to include this within your claim.

If you do choose to pursue a personal injury claim you have 3 years from the date of the accident to make a claim. If you are representing a child you have up to 3 years from their 16^th birthday.

Losses can include costs relating to your vehicle being damaged, hire charges, medication and treatment, loss of earnings, damaged property or belongings, travel, care and assistance, and loss of enjoyment. Frequent losses we see include:

• Prescriptions
• Gym memberships
• Vehicle excess
• Loss of earnings

Bike claimants who may have damaged leathers and helmets should photograph their items and keep them in a safe place.

Yes. Please keep receipts, a log of any financial losses and photograph damaged items so we can consider these as part of your claim. You can upload your loss evidence right here in your account in the losses section. Please also store the original damaged items.

If you are employed, we will need wage slips from the previous three months before the accident, the months where you missed work, and a letter from your employer. For example, if the accident happened in June, we would need March, April, and May’s wage slips, plus the time which you had off in June.

If you are self-employed, we would need the last three years of profit and loss accounts/tax returns (or as many as the business has been active for) and evidence of lost jobs/work. If you did not have a job booked in, we cannot claim for loss of earnings.

We can look to recover mileage travelled to hospital, physio, or GP appointments so please keep a log of the dates and distances. We cannot recover mileage for your medical appointment set up by our independent medical agency as it is necessary to run a claim.

It’s your duty as a car user to make sure your car is roadworthy. Therefore, we cannot look to recover the cost of your MOT or tyres, even if it was on the day of the accident.

If the third party was threatening, attempted to hurt you, or refused to provide their details you should report the accident to the police. You should always report a hit and run accident.

If you have CCTV footage you should send this to us as soon as possible. We cannot accept video files over INK, if you do have footage of the accident please send this to us via email if possible. However, if the file is too large please let the team know and we can provide you a secure link to Microsoft Sharepoint where you can upload your footage. You should also ensure to keep a copy yourself.

If you believe a business near the accident may hold some CCTV footage, you should contact them or notify us asap as within certain timescales this can be destroyed

The Motor Insurance Bureau (MIB) work to reduce uninsured driving. They compensate victims of uninsured or untraced drivers, and they manage the insurance industry’s data.

An untraced accident is where there was no possibility of identification or it transpired the vehicle was stolen or cloned, these are often hit and run accidents.

An uninsured accident is where information may be captured at the scene, but it becomes apparent that the other driver was uninsured.

If you are the victim of a hit and run there will be very little you can do at the scene of the accident in terms of gathering information. However, you must inform the police as soon as possible due to the likelihood of the car being stolen or uninsured.

An uninsured driver may be reluctant to give you any details and, even if the driver sticks around, there’s no guarantee you’ll be able to get any information from them.  What you can do in both circumstances is gather as much information as you can at the scene of the accident:

• Take images on your mobile phone
• Record a description of the driver
• Ask for contact details of any witnesses
• Take down the make, model, colour, and number plate details of the other car involved if possible
• Inform the police of the crash and let them know the driver is uninsured or untraced
• Inform your insurance company of the accident

Minster Law Scotland will contact the Motor Insurance Bureau (MIB) if you’ve been injured because of being struck by an uninsured or untraced driver. The MIB is a not-for-profit organisation set up by motor insurers to support drivers hit by uninsured or untraced drivers, or UK drivers who are involved in car accidents abroad. The MIB has an uninsured and untraced driver’s agreement which enables people involved in accidents under these circumstances to claim compensation against the liable party. The two agreements are slightly different:

• The Untraced Drivers’ Agreement enables people who have been injured as a result of being in an accident with an unidentified driver to claim compensation for their injuries.
• The Uninsured Drivers’ Agreement enables people who have been injured as a result of being in an accident with an uninsured driver to claim compensation for their injuries and uninsured losses.

It can be frustrating when the third party doesn’t accept liability. However, we are experienced in dealing with cases of this nature and will look after you and your case. The third party may advise pending further investigation or deny full liability and we will need to collate as much evidence as possible to support your claim. It is important you provide us information on potential witnesses, CCTV, or police reports as soon as you can.

No. Both Minster Law Scotland and your insurers will liaise with the third-party insurer on your behalf.

Yes. All personal injury claims usually require you to see an independent medical professional. The expert creates a medical report which supports the valuation of your claim, provides you with an expected recovery time and if necessary, will provide recommendations for further treatment.

If you are awaiting a face-to-face appointment, then we will aim for your medical appointment to be within 10 miles of your home address. Once the assessment is booked the address and further details will be in the medical section of your online account. You will receive documents directly from the agency and ourselves with appointment details.

If you are clinically vulnerable to Covid-19 you can request a remote appointment from the medical agency. If you are attending a remote medical you will need a quiet, well-lit area and a laptop, tablet or mobile with a working camera and microphone.

The medical appointment is in place to assess your injuries, give you an expected recovery time and recommend any further support that may be beneficial. It is important you tell the medical expert about all the injuries you sustained as a result of the accident, including injuries that you have recovered from, any new injuries that you may have developed, and any pre-existing medical conditions/injuries or previous RTAs.

If you are clinically vulnerable to Covid-19 you can request a remote appointment from the medical agency. If you are attending a remote medical you will need a quiet, well-lit area and a laptop, tablet or mobile with a working camera and microphone.

Please have a photographic ID ready for your appointment (e.g. passport, driving license, or identity card) regardless of the type of appointment.

The consultation will last around 10 minutes and the expert will ask you to fill in a questionnaire. This provides the majority of the information the expert needs to complete their report and you will not undertake a physical exam. The expert is not there to provide treatment or prescribe medication. If you require further treatment other than physio, please contact your own GP for further medical advice.

No, the medical expert may request access to medical records. If this happens a release form will be sent for you to sign and return.

Please tell the medical expert at your independent medical assessment of any pre-existing conditions, illnesses, or previous road traffic accidents to avoid any delays to your claim. Pre-existing conditions could be the cause of ongoing symptoms or could have been exacerbated by the accident. You should also inform the team dealing with your claim.

It is recommended that you get medical attention following an accident e.g speaking to your own GP. However, you will still be required to see an independent medical appointment.

Potentially, it will depend on the speed of your recovery. If you continue to suffer symptoms beyond the first medical expert’s prognosis then it may be necessary to obtain a second report from a more specialised medical expert.

The hospital or surgery where records are kept will release the records (or copies) upon you signing and sending back the release form. Depending on the circumstances of your case, we may be required to disclose previous medical records to medical experts or the other side. However, we will always discuss this with you beforehand.

You can obtain treatment privately, however this would need to be supported by the medical expert in order to recover the fees. It is recommended that you proceed with any treatment arranged by us, or the NHS, as this would be agreed with the third party before charges are incurred.

If you miss your appointment, please contact the medical agency directly using the details from the correspondence you’ve received from them.

You may have to pay for missed appointments. Please ensure to reschedule well in advance if you know you will not be able to attend.

Attending your medical is an important step in your claim. Please be aware that rescheduling appointments may cause delays in progressing your claim. If you must reschedule, you can do so directly with the medical agency  using the contact details found on your correspondence from the medical agency.

This report will be used as proof of the injuries which you sustained in this accident and should include a description of your injuries and how your symptoms affected your day-to-day life such as work, hobbies, home life, etc. It will also include an opinion that clearly sets out how your injuries were caused, any treatment needed, and your expected recovery period which is often referred to as your ‘prognosis period’.

If you have any new/developed injuries, we would recommend going to see your own GP for treatment. You should inform us straight away and make a note of the injuries to tell the expert at your medical assessment.

Yes, where possible it is important to take photographs of any injuries including bruises and cuts.

We understand how difficult it can be after an accident. If you are needing support with your mental health, please seek out help from the NHS or other mental health charities like Samaritans or Mind. Please inform the team or handler how you are feeling as we appreciate that the claims process can be daunting and it might be helpful to change our approach to your claim to make this more manageable.

We recommend that for any type of hearing you should bring proof of identification. For an infant approval hearing (a hearing where the client is a child), you should also bring the birth certificate and proof of the bank account that you would like the payment to be made into (if relevant). If the payment is for a minor, it must be made to the claimant’s savings account or trust. Although you may bring your phone to court, we strongly advise that it is turned off when you arrive at the court.

When liability has been admitted and we’ve agreed on a level of compensation with the third party insurer, those responsible will make a payment to settle your claim.

Once we have received the funds from the third party insurer, we aim to make payment within 14 working days. When we have processed the money, it can take 7 working days to appear in your bank.

BACS is the preferred method as it is quicker and safer than other payment methods. However, you can request our team to make payment by cheque if you prefer. We do not provide same day transfer/CHAPS/faster payment and we do not provide cash payments.

The money has to be paid to a bank account in your name. We have to pay the money to you directly to fulfil our regulatory obligations. If you don’t have a bank account, you will need to set one up. We will hold onto the funds until you have one set up and then we will transfer the money over.

Your insurer usually tells us if you have legal expenses insurance. If you are unsure, please check your policy documents. You may also have cover under other insurance policies, such as an addition to your home insurance, or are covered by your employer or your union. If you think you have legal expenses insurance, please check your insurance policy documents and inform us straight away.

You will need a copy of your insurance documents which will show if you have legal expenses insurance and you should send a copy of this as soon as possible.

It is insurance to cover the value your car may lose over time. Most new cars lose value as soon as they leave the garage forecourt. A recent study reported that most cars lose between 50% and 60% of their value in the first three years of ownership.

If you are involved in an accident, many insurers will only pay out the current market value of your car. This can see you left with a shortfall between the compensation you receive for your damaged car and the price you originally paid. This will particularly affect anyone who has taken their car out on finance.

GAP insurance will pay the shortfall between the car’s value at the time you make your claim versus the amount you originally paid for your car.

No two cases are the same, so it’s difficult to provide you generic time scales. There are many factors, such as your recovery, which can affect the length of time it takes to settle your claim.

There is a 14 day cancellation period from the start of your claim and you can cancel your claim through written or verbal confirmation. You can still cancel your claim at any point following the 14-day period, but you may have incurred fees that you could be liable for.

You can stop your personal injury claim at any point. However, you should be aware that, depending on how far along we are in the process, we may have incurred fees on your behalf that we’ll have to pass on to you. If your claim is taken to court and proceedings are issued but you wish to cancel your claim, you won’t be able to recover any settlement money and could end up being liable for both the defendant’s costs and our own. For this reason, you need to be sure you’re willing and able to see your claim through to the end before starting it.

If you have spoken or signed with another solicitor by accident but would like us to continue to deal with your claim we will send you out a Form Of Authority which we will ask you to sign and send back. This means that you are signing to say Minster Law Scotland is acting on your behalf. We know that sometimes it can be confusing and you will receive calls from other companies.

Your partner/friend/family member can be an authorised person on your file which means they can talk on your behalf. An authorised person can ask questions and provide information however, any decisions on the claim must be made by yourself.

The DWP has contacted you to determine if the third party insurers have to repay any money paid to yourself under welfare benefits. For many cases, this isn’t applicable but it’s important you fill it in to avoid any delays.

If the accident wasn’t your fault, you’ll still be entitled to compensation. However, the amount you receive may be reduced if it’s found that wearing a seatbelt would have resulted in less severe injuries.

If the accident was 100% your fault, we would no longer be able to represent you as set out in the Conditional Fee Agreement. Please contact us directly if you believe this may apply to you.

If you require a translator, please speak with us directly so we can discuss the options available to you.