Where there is a personal injury claim arising out of a road traffic accident, there is often a claim for damage to a car as well. As we have discussed elsewhere, claims for damage to vehicles will be valued on the basis of the lower of: the cost of repairs; and the net pre-accident value of the vehicle (in other words, the pre-accident value of the vehicle, less any scrap value). Another way of putting it is to say that, if the cost of repairing your vehicle will be “too high” relative to its value, the maximum you will get for it will be its net pre-accident value. What if your car was very new when it was damaged? In that case, while it may be economical to repair the vehicle, you might well feel that your repaired vehicle - even if it has been very well repaired – has lost value compared to what it would have been worth for resale if it had not been in an accident at all. It’s an interesting question: whether the owner of a car which is damaged in a road traffic Continue Reading
Why it matters if you have a contribution for Civil Legal Aid
One of the ways to fund a personal injury claim is by means of legal aid. Advice and assistance is available to cover the preliminary work, including intimating the claim and negotiating with the third party or their insurers. If the negotiations break down for any reason, you will need to raise a court action if you are going to achieve a fair settlement of your claim. Under legal aid, you need to apply for Civil Legal Aid, which requires various forms to be completed. This includes providing details and vouching of your income and capital. The application is then submitted to the Scottish Legal Aid Board (SLAB) via an online system. SLAB have various tests they apply in determining whether civil legal aid should be granted. This includes such things as: the value of the claim (and whether this is significantly in excess of any offers that have been made already to settle your claim); the prospects of success (anything less than 50% chances of success is going to Continue Reading
How does your solicitor negotiate your personal injury claim with the insurers?
We got some questions from a client about the general issues which arise when you're negotiating a personal injury claim with an insurance company. An article seemed like a good way to bring these answers to a wider audience. (Note that we have also based a podcast on these same questions - go here if you would prefer to listen rather than read). We're talking about the stage in a claim where liability has been admitted and it's about maximising the settlement figure with the insurers. The hope is that it will be possible to agree a figure by negotiation but, in the background, there's always the possibility that you might need to raise a court action to achieve a reasonable level of compensation. What tactics and strategies apply here? Do we have to show our hand first rather than let the insurer make an initial offer? This is generally the way it is done. Claims in Scotland are most often negotiated according to a pre-action protocol - basically, an agreement between Continue Reading
Do personal injury claims have any public benefit?
It's a myth that there is a Compensation Culture. It's a myth that personal injury claims drive up insurance premiums. But is it possible to show any real public benefit from personal injury compensation claims? Moray Claims / Grigor & Young LLP operates at a fairly local level and, in this article, we will look at 4 examples of ways in which personal injury claims by individuals have resulted – or could result – in changes which are of public benefit. 1. Removing a trip hazard A successful claim for a pedestrian who tripped on a raised piece of tarmac on the pedestrian footway close to the underpass at Alexandra Road, Elgin, resulted in the defect being repaired by Moray Council within a matter of days of the claim being intimated. 2. Properly marking/highlighting a trip hazard This raised area within Elgin bus station caused a pedestrian to trip and fall and suffer injury. It was never entirely clear why the plinth was there in the first place - possibly for an Continue Reading