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Whiplash Scotland: I suffered a whiplash injury in a car accident in Scotland and I wish to claim compensation from England- is the claims process the same throughout the UK?
Whiplash Scotland: I suffered a road traffic accident in Scotland, but I live in England. The Citizens Advice Bureau tell me that I must make my whiplash claim in Scotland.
Can you tell me if the law in England and Scotland is the same, as each country is part of the UK, and if so can I use a local English solicitor to make my claim?
A: If you have suffered a whiplash in Scotland you must make your compensation claim in the Scottish courts and use a Scottish solicitor as:
1. The law relating to accident compensation claims is not the same throughout the United Kingdom
The UK is divided into three different legal jurisdictions - each legal jurisdiction has slightly different laws.
The three legal jurisdictions in the UK are:
i. England and Wales
The accident compensation law the same in both of these countries, so a solicitor qualified in English law is qualified to make a claim in either country.
ii. Northern Ireland
The accident claims law in Northern Ireland is very similar to that in England, but as there are some differences. Only a Northern Irish solicitor can make an accident claim in Northern Ireland.
Scottish accident compensation law is similar in many respects to that in England, but some very significant differences exist, for example "no win no fee" agreements are available in England, but not in Scotland. A Scottish solicitor must make your whiplash claim in Scotland.
2. If you have a whiplash accident in Scotland, but you live or reside in England, which country must you make your claim in?
You should make your whiplash Scotland claims as this is the country where your road accident occurred.
3. Must you use a Scottish solicitor to make your whiplash claim in Scotland?
"Yes," you must use a Scottish lawyer to make your whiplash Scotland claim, but this does not mean you need to travel to Scotland to see your solicitor - it is now common place that compensation claims are dealt with over the telephone and by letter. A compensation solicitor does not have to ever meet his client in person.
Be aware that if your UK road accident claim reaches the trial stage you would be required to attend in a Scottish court to give evidence. Do not be concerned - it is very rare that road traffic accident claims reach trial stage - well over 90% of compensation claims settle before trial.
4. How can you select a top Scottish lawyer to make your whiplash Scotland claim?
I would be glad to help you - by clicking on the link below you can complete and send a simple confidential online form and I will have a Scottish specialist RTA lawyer contact you free of charge to discuss your claim.
Click whiplash scotland to have a specialist Scottish lawyer contact you free of charge to assess your "whiplash scotland" claim.