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Road traffic accident claims (RTA)
Although this may be the first accident you have been involved in, we deal with thousands of road traffic accident claims every year. Some of the most common questions we are asked are set out below. We hope that these answer most of your questions.
What is 'liability'?
Before we can recover any of your losses, we must prove that the accident was the fault of the other driver (usually referred to as the 'third party'). If we cannot establish that the accident was his or her fault, we cannot recover any of your losses. The issue of liability for the accident depends upon the available evidence.
What can I claim for?
You can claim for the losses you have suffered as a result of the accident. Losses may include the cost of repairing your vehicle, your vehicle's pre-accident value (if it has been written-off), your policy excess, any hire charges, a token sum for your inconvenience, compensation for any injury, loss of earnings, etc. We will send you a questionnaire when you contact us.
Can I hire a replacement vehicle while my own is off the road?
Does your own insurance company offer you a courtesy car? If not, you might be able to recover the cost of hiring a replacement car. You must be able to demonstrate that you could not manage without hiring a car; that the rate of hire is reasonable; that you hired the vehicle for as short a period as possible; and that you hired the smallest vehicle suitable for your purposes. When you have returned the hire car, send us the receipt to be included in your claim.
Why do I have to pay my excess when the accident was not my fault?
Your own comprehensive motor insurance policy will usually require you to pay an excess towards the cost of repairing or replacing your vehicle. Your own comprehensive policy is the quickest way to get back on the road. That is why you pay your insurance premiums! Unfortunately your excess is part of your own comprehensive policy.
How long will it be before I receive my settlement cheque?
We cannot guarantee that you will receive a cheque by a particular date though we endeavour to obtain your payment as quickly as possible. The sooner you contact us after your accident, the earlier we can pursue your claim and secure payment on your behalf.
Why do the third party insurers not want the salvage of my vehicle when it has been written off?
It is generally easier (for the insurers) to leave you to dispose of the salvage. When settling your claim the third party insurers will deduct what they consider to be a reasonable figure for the salvage value. If the figure you receive from the scrap-merchant is less than that figure, please send us the receipt and we will attempt to recover the balance from the third party insurers.
What is my injury claim worth?
That is always a difficult question as there is no definitive answer. A great deal depends upon the evidence that’s available about your injury. However, we are able to advise what we believe would be a reasonable figure of compensation to expect should a court make the decision to award. Ultimately, your claim is worth either the settlement figure you accept or the figure awarded to you by a Scottish court.
Will my no-claims bonus be affected by the accident?
That depends upon your insurance company. Most insurance companies treat an accident as affecting your no-claims bonus but there are exceptions to that rule e.g. you may have a protected no-claims bonus. Most insurance companies will re-instate your no-claims bonus if we make a full recovery of your losses.
What does a 50/50 or 75/25 settlement mean?
Any split settlement like this means that each driver will recover part of his or her losses from the other driver’s insurance company. In a 50/50 settlement, you will recover 50% of your losses & the third party will also recover 50%. In a 75/25 split in your favour, you will recover 75% of your losses & the third party will recover 25%. Such a split settlement may have an effect on your no-claims bonus. We cannot and will not accept any such settlement unless you instruct us to do so.
The third party admitted they were at fault at the scene of the accident. Why have they changed their story now?
Unfortunately, this is all too common. We will advise you according to the specific circumstances of your case.
What can I do to help my claim?
There are several actions you can take, all of which will help support your claim.
Provide us with receipts, wage slips, etc to support everything which you wish to claim for.
If you have been injured and have not yet fully recovered, keep a diary of the way in which you are affected by your injury including e.g. your medical appointments, days off work, help provided to you by your relatives, things you have been unable to do, appointments you have had to cancel, how your recovery is progressing, etc
Photographs of the damage to your vehicle and the location of the accident can often be helpful.
After your accident, please contact us at the very earliest opportunity and instruct us to deal with your claim!
To submit your claim form, please click here: ‘Making a Claim’
If you would like to discuss your case before submitting a claim form, please contact the following senior members of our team:
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