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 Court Claim In Scotland

What happens with your whiplash claim when you need to issue court proceedings?

If your solicitor has been pursuing a whiplash claim for you for some time and has all the evidence necessary to settle your claim but the other side will not make offers to settle it, he will have to issue Court proceedings. This explains the action that he will take.

Will It Go To Trial?

The important point to consider here is that most personal injury claims after issue of proceedings will lead to settlement. The figure will be somewhere in the region of 90% that the case will settle, therefore, the issuing of Court proceedings does not mean that your solicitor will have to take you to a final Court hearing.

Issuing Proceedings

In Scotland, your solicitor will raise a summary cause to make a claim. Your solicitor will complete a summons which will set out the full details of your legal claim. In the case of a whiplash claim it will have to set out:

  • The date and time of the accident
  • The full details of each party involved
  • The details of their vehicle
  • The circumstances leading up to the accident
  • Why the accident is alleged to have been caused by the Defendant
  • Full details of the losses that have arisen as a result of the Defendantís negligence

The solicitor will not be able to put a final amount of the claim as the amount of compensation for the injury will not have been determined, but he will be able to detail the losses and expenses incurred.

The Return Day And Calling Date

The Defender to the action will have to respond to the summons, usually within six weeks. This is called the Return Day.

A Calling Date will then be set for an initial hearing to determine when a final hearing of the claim will take place.

The Defence

Usually the Defenderís insurance company will appoint solicitors to represent the other driver and they will file a formal Defence responding to each aspect of your claim. For example, they will need to advise whether they are accepting responsibility for the accident or whether they dispute liability and they will also have to respond to the value of your claim.

Third Party Notice

If the Defender believes that another driver was responsible for the accident, he will have to file a Third Party Notice to ensure that they are involved in your Court proceedings. This Notice might claim that another driver was either partially or wholly responsible for the circumstances of the accident. If a third party is joined to the proceedings, they too will be given the opportunity to respond. Your solicitor would then have to consider whether to join the third party to the proceedings as an additional Defendant. In most cases it is likely that by the time that your solicitor issues proceedings, he will be aware of any parties involved in the accident and will have included them from the outset. It is rare that third parties are brought into proceedings.


The Defendant may also allege that you are responsible for the accident and bring a claim against you for compensation for their injuries, losses and expenses. If they do this, your solicitor will then have to raise a Defence to the Counterclaim.

Proceeding To A Final Hearing

The Court will provide directions to obtain all the evidence that they need to assess the value of your claim. Once these directions have been complied with, a date will be set for a Final Hearing if a settlement has still not been agreed.

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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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