Moffat & Co Solicitors

Moffat & Co Solicitors
Accident Compensation Claim Solicitors Scotland
PO Box 28287
0131 662 6988
0131 667 8175

MASS Motor Accident Solicitors Society

Moffat & Co Solicitors Over 25 years of experience at your service

Whiplash Accident Solicitors Scotland

Making A Whiplash Claim Part 2
From instructing the solicitor to contacting the other side

Once you have found a solicitor, you need to know what will happen next and what action you need to take. This section of this series of articles deals with your claim from the time you instruct a solicitor until the solicitor contacts the other side, the other driver or his insurance company.

Initial Interview

Your solicitor will usually carry out a full initial interview with you at your home or in their offices. The purpose of this interview is to find out exactly what happened during the course of the accident so that the solicitor can find out whether you have a good claim.

They will ask you to provide a full and chronological witness statement explaining on what road you were travelling, where you were going, how exactly the accident happened, and what happened afterwards.

They will take full details of any witnesses names and addresses that you collected (see article 1) and will also take initial details of the injuries sustained by you (although they will want more information about your injuries later on in the claim).

Once they have obtained all of this information they will prepare a witness statement in numbered paragraph format which they will send to you to read, amend and subsequently sign. They will try and do this as close to the date of the accident as possible as if your claim does not proceed to a Court hearing for months or even two to three years, it will be vital for you to refer to in case your memory has forgotten the exact details of the accident.

Once the solicitor has the signed witness statement from you, they will then obtain statements also from any of the witnesses to the accident. These will follow the same format as your own witness statement and will confirm the exact details of the accident. Your solicitor will want to obtain the statements as soon as possible to ensure that you have a strong claim.

Letter To The Other Driver

Once your solicitor is confident that he has sufficient evidence to support your claim, he will need to send a Letter Before Action to the other driver (or if he has the details, the other driver's insurance company).

This letter will set out the full circumstances of the accident and why your solicitor believes the other driver is at fault. Once the letter has been sent, the other driver's insurance company has 21 days to confirm receipt and they must also respond within three months confirming whether they accept the claim. If they confirm that their driver was responsible for the accident, you can move straight on to the valuation of your claim for compensation which we deal with in a later section.

If the other driver's insurance company deny liability for the accident then your solicitor will ensure that he has all the witness evidence required to support the claim. Once final item of evidence he might decide to obtain would be a accident reconstruction report from a trained engineer. This is only used in rare occasions to reconstruct how the accident happened by looking at the damage to the vehicles, any witness evidence and any skid marks on the roads shortly after the accident. Normally, this is not necessary as the insurers will often accept responsibility for the accident when it is clear that their driver was at fault.

The next section in this series deals with the evidence required to support your claim for compensation.

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My case was dealt with personally by Stan Moffat and what a brilliant guy. His office contacted me personally by telephone at the start of my claim to explain who they were and what they would be doing for me. All through the case I was kept fully informed of all actions either by e-mail or by letter and reassured by Stan several times of any queries I had.

It is very seldom that a solicitor will take the time to speak personally at any time with you without getting run through secretaries etc. I commend this man for that as this was a very upsetting and important time for me and he did everything in his power to make this as easy and as swift as possible for me.

I highly recommend the service that this firm brings and the speed that they move at.

J McMahon

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