Claims process with RTA Law Scotland

You can claim for any loss which arises as a direct consequence of the road traffic collision.

The value of your claim for personal injury very much depends upon the type of injury sustained and the recovery you have made or are likely to make. We can arrange to have you medically examined by a specialist medical expert, who will be able to assess the extent of your injuries and the likely recovery period. In serious injury cases, you can also claim for care needs, future care needs and requirements, as well as alternative or specially adapted accommodation. 

If you’ve suffered injury due to the fault of another road user, you may be entitled to claim compensation for loss, injury and damage. To have a personal injury claim, you (or a loved one) must have been injured due to the negligence of another. 

At our first meeting with you, RTA Law Scotland will discuss your case in detail, provide sound legal advice on your prospect of success and set out clear options on how best to recover the maximum monetary value of your claim for cycle accident compensation in the shortest possible time.

Once you've given RTA Law Scotland the go-ahead, we will submit a claim to the party at fault or their insurance company detailing your case against them and requesting they admit liability.

We will consider all the evidence and fully investigate your case. 

Photographs, eyewitness accounts and police reports will be obtained to assist in establishing liability or fault. 

We will ask you to undergo a medical examination so we can determine the extent of any injuries or long term damage you may have sustained in the accident.

If liability is admitted, we will value your claim based on the injuries sustained, damage to your car, bicycle or motorbike and relative equipment, any expenses incurred and loss of income. 

We will submit our valuation of your claim to your opponent’s insurance company and invite them to make an offer based on our assessment of your claim. 

When an offer is received, we will provide you with clear advice on whether to accept or reject the offer. 

If we feel the offer is too low, we will recommend that you raise proceedings in court at no cost or risk to you.

If liability is disputed and we consider you have a 50% prospect of success, we will raise proceedings in court which, thanks to our 'no win no fee' policy will be undertaken at no cost or risk to you. 

 

What You Can Claim For 

You can claim for any loss which arises as a direct consequence of the incident.

You must prove the loss and you must show the loss is reasonable. We can discuss your case with you and explain what a loss is and what you can claim for. We recognise that injuries will vary in severity and have provided a helpful guide in our Cycling Injuries Section.

Loss of Income 

You are entitled to claim loss of income - all you need to establish is that the period of absence from work was reasonable. However, you may not be able to get back to work or, if you do, you may find that, because of the injuries sustained, you can no longer do the job you did prior to your accident. It is important to claim future loss of income.

At RTA Law Scotland, our team of highly experienced lawyers know best how to establish and prove loss of income. In more serious injury cases, we will work with vocational experts to consider the impact of an injury on your future earning capacity.

Personal Injury 

You can claim for the personal injury you have suffered as a direct consequence of the accident.

Unfortunately, as a cyclist, you are exposed to the risk of serious injury and, if you have been injured it may take some time for the injuries to heal. The value of your claim for personal injury very much depends upon the type of injury sustained and the recovery you have made or are likely to make - we can arrange to have you medically examined by a specialist medical expert, who will be able to assess the extent of your injuries and the likely recovery period.

In serious injury cases you can also claim for care needs, future care needs and requirements, as well as alternative or specially adapted accommodation.

Expenses 

You can claim for any reasonable medical expenses, such as private physiotherapy.

It is important that you keep a list of all expenses and losses incurred following upon your accident.

Our priority is to obtain the maximum financial recovery in the shortest possible time. We will not compromise your claim by early settlement and, before we value your claim, will be guided by medical experts in respect of your award or likely recovery period. This process will be undertaken in consultation with you, providing you with a clear understanding of how lawyers assess the value of a claim for compensation.

The Timescales 

At RTA Law Scotland, we will deal with your claim efficiently, effectively and in the shortest possible time without risking the success of your case or the value of your claim.

We will provide you with realistic timescales at the outset. Once you have given us the go-ahead, we will set to work immediately, gathering all the evidence we need to establish the extent of any claim for compensation.

Once the claim has been submitted to your opponent’s insurance company and they ‘note interest’, they have 12 weeks in which to admit or deny liability. Often, this period is shorter, although, in some cases, a third party insurer will not respond in time and if that situation arises, we would take a very proactive approach and prepare your case for Court.

If you have made a full recovery from your injuries, you can expect to have your case dealt with within six months. If you have not made a full recovery, we will assess the value of your claim when we know the full extent of your injuries and any long term consequences. In serious injury cases it can take some time before a full assessment can be made of the extent of a claim, but we would ask for interim payments and funding along the way.

If the case has to be raised in court, we will provide you with a realistic timescale regarding how long it will take for your case to be settled. We will keep you updated on the progress of your claim every step of the way. 

No Financial Risk 

Our experienced solicitors will assess your case and will advise on the prospects of success. The advantage to you is that we will accept the risk. This means that we won’t ask you for any payment upfront. We will fund your case and, in the unlikely event you are unsuccessful, you walk away with nothing to pay.

If we cannot get agreement from the Insurer to settle your case, it may be necessary to raise proceedings in Court. So long as you have at least a 50% prospect of success, we will support your case with a funding package. Even if we lose the Court action, you will not have to pay a penny.

Our track record in winning cases is strong and experience counts. On successful conclusion of a case, we will usually recover outlays from the losing side and unlike many claims companies, we won’t deduct a percentage from your claim. 

We may charge a fee depending upon our assessment of risk and any agreement we have with you. We guarantee that on success you will always receive at least 85% of your damages and 100% of the damage to your bike and kit.

We offer access to justice at no financial risk by offering a clear 'no win, no fee' service.