0333 200 5926

Scotland's expert car accident solicitors

Let us deal with everything (including the insurance companies) while you recover from the road traffic accident that wasn’t your fault.

Contact us now to see how we can help

0333 200 5926

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What should I do after I have been in a Road Traffic Accident?

If you or any of your passengers have been injured, then seek medical attention as soon as possible. If you are the driver, you need to inform your insurer that the incident has happened. If the police did not attend the scene, you should call them within 24 hours on 101 if you were not able to exchange details with the other driver, if anyone was injured or you think the other driver was breaking the law; for example, under the influence of alcohol or drugs.

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How long do I have to make a claim?

If you have been injured in a car accident you may wish to exercise your legal right to claim compensation. You have up to three years from the date of the car accident; however, the sooner you claim, the better. The longer you leave it, the more chance there is that vital evidence will be lost.

What can I claim for?

You can claim for loss and suffering which means you get a payment for the pain you endured as well as financial losses: time off work, future earnings and any additional expenses.

How much will I get?

This is incredibly difficult to say. There are two significant factors in determining the level of compensation in a personal injury case: how badly you were injured and how that injury will affect you in the future. No two people are the same. Our investigation process covers every aspect of what you can claim for to ensure your case is never under-settled.

How long will my claim take?

It entirely depends on what happened to you during the car accident, the extent of the injuries and whether there is a dispute over who is at fault. The process is dependent on how well the insurers accept the evidence and agree the sums involved. Our priority is recovering the full amount of compensation that you are entitled to.

How do I prove that someone else was at fault?

Evidence is key here. Most road traffic accidents are straightforward and it’s clear to see who is at fault. Gathering photographic or video footage is hugely useful as are witness statements from impartial bystanders – especially because some drivers might immediately accept responsibility at the scene and later deny fault when talking to the insurer. Finally, you may be partly responsible for the accident. In the eyes of the law, you have contributed to the accident without being completely to blame – it’s called contributory negligence but even in these circumstances you can still make a claim.

Do I have to raise a claim through my insurer?

No, it is the law to tell your insurer about the accident however you do not need to do anything else – no matter what they say.

How do I get started with making a claim?

We make it quick and painless to speak with a legal expert and raise an injury claim fast. Just give us a call - day or night.

Can I claim if I was a passenger?

Yes, you can make a compensation claim if you were a passenger injured in a car that was involved in an accident. It is also common for passengers in the vehicle at fault to make a claim, even if it was a family member driving.

What if the driver that hit me was uninsured?

Don't worry you can still make a claim even if the driver was uninsured. There are more uninsured driver on the road than you think, its estimated 1 in 20 drivers have no insurance. However, this is not something to be concerned about because the Motor Insurers' Bureau (MIB) exists to take the place of the uninsured driver and compensate people injured by drivers without insurance.

Can I claim if I was a pedestrian?

Yes, pedestrians are probably the most vulnerable road users of all and are entitled to make a claim if they have been injured whether on the street, pavement or crossing the road.

Please read our section on insurance below for more details.

Dealing with Insurance Companies

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As stated, you need to inform your insurer if you have been involved in a car accident.


If no one is injured and the car simply needs to be repaired, then the insurance companies will take care of it.


If you or anyone in your car has been injured, you need to seek independent legal advice, no matter what the insurer tells you. WHY?


Your insurer will tell you that they can sort everything out but this is very likely to NOT be in your best interests, even if you have taken out Legal Expenses Insurance. Your case will be passed to a legal claims handler who will attempt to close the case as quickly as possible. Receiving compensation quickly sounds good - but the downside is that you are likely to receive far less than what you’re entitled to if they are rushing your claim.


You may also find that once you’ve informed your insurer about the traffic accident, the other driver’s insurer will contact you directly. Their sole aim is to ensure that you don’t go to an independent law firm by offering you a sum of money immediately. No matter how tempting it sounds, be aware that they are only offering it because it is far less than what you are deserving of.


If you sign up to your insurer’s terms and conditions, you are tied in and cannot move to another legal firm. No matter who you are, please contact an independent law firm that specialises in Scottish personal injury law, like Digby Brown.

How will my case be funded?

We have our own no win no fee funding model: Compensate. This provides funding to allow your traffic accident claim to be fully investigated, employ the best experts and secure the maximum compensation at no financial risk to you.


We do not charge you any money upfront OR during the case. We agree a percentage of your compensation at the very start which you pay us on successfully concluding your case.


If your case is unsuccessful - you don't pay anything - it is risk free.*

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* T&Cs apply - you must accept our advice and tell the truth about the circumstances and injuries sustained.

What our clients say...

Mrs D

Mr S

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Why use Digby Brown?

We understand that choosing a law firm for your car accident claim can be a big decision. Rest assured that you are in the best place; we have an enviable reputation for our work in the field of personal injury. We deal with every major car insurance company every day and work on your behalf to sort everything out.


We know what your case is worth and we will fight to recover fair compensation.


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  • Thorough investigation of the full circumstances of your injury.
  • Accurate valuation of your claim.
  • Access to a local solicitor who is with you every step of the way.
  • Regular updates on the progress of your case.
  • No legal jargon. We speak in plain English.
  • Independent, third-party reviews about the quality of our service.
  • Consistently ranked as Scotland's top law firm for personal injury.
  • We really do care, because it matters...

© Digby Brown Solicitors 2025

0333 200 5926