Road traffic accident claims in Scotland
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Published by Rooney Family Law Limited, solicitors, regulated by the Law Society of Scotland. Last reviewed 20th September 2026.
If you were injured on a road in Scotland and another road user was wholly or partly to blame, you may be able to claim compensation, and the claim is normally dealt with and paid by that person's motor insurer. If the driver at fault was uninsured or cannot be traced, the Motor Insurers' Bureau may compensate you. Passengers can usually claim whoever was driving, and the fixed whiplash tariff that applies in England and Wales does not apply here.
Who can claim
Drivers can claim against another driver who caused the collision. Passengers can claim against whichever driver was at fault, including the driver of the car they were in, even a friend or family member: the claim is made against the driver, who is legally responsible, but it is dealt with and paid by their insurer. Pedestrians can claim against a driver who failed to take reasonable care, and courts expect a high standard of care towards people on foot. Cyclists and motorcyclists claim in the same way as drivers; what matters is who caused the accident. Bus and taxi passengers can claim against the operator's insurer if its driver was at fault, or against another driver if that driver was.
Two illustrations, not real cases. A passenger is injured when her partner, driving, runs into the back of a braking lorry. She claims against her partner, and his insurer deals with and pays the claim. A cyclist is knocked off by a car door opened without looking; that is an offence as well as negligence, and the driver's insurer deals with the claim.
If the other driver was uninsured or drove off
The Motor Insurers' Bureau compensates people injured by uninsured drivers, and by drivers who cannot be traced, in qualifying motor vehicle claims under agreements that apply in Scotland. The process has its own rules and time limits, and for untraced drivers the accident must normally have been reported to the police promptly. Report any hit-and-run to the police as soon as you can and keep the incident number.
What to do now
Get the other driver's name, address, registration and insurer. The law requires a driver involved in an accident causing injury to stop and give their details, and if for any reason details or insurance information were not exchanged, to report the accident to the police as soon as practicable and in any event within 24 hours. Photograph the vehicles, the road, any skid marks and the signs and markings. Take names and numbers of witnesses; independent witnesses are worth a great deal. Get whatever medical attention you need: whiplash and soft tissue injuries often worsen over the following days, and a record made at the time is useful evidence. Report it to your own insurer, but take advice before accepting any offer made directly by an insurer.
Insurers sometimes telephone within days and offer a quick settlement, before anyone knows how the injury will develop. Those offers are often low, and once accepted that is the end of it. You are entitled to take advice first.
Whiplash in Scotland is not tariffed
In England and Wales, since 2021, whiplash injuries lasting up to two years are compensated under a fixed tariff set by the UK Government, and most such claims go through an online portal. Those rules were made under Part 1 of the Civil Liability Act 2018 and extend to England and Wales only. In Scotland there is no tariff: whiplash and other soft tissue injuries are valued individually, on medical evidence. See whiplash and soft tissue injuries.
If the accident was partly your fault
Compensation is reduced by a percentage rather than refused. Not wearing a seat belt commonly reduces compensation for injuries a belt would have prevented. A pedestrian who stepped out without looking, or a cyclist with no lights at night, may see a reduction too. It is still worth enquiring.
What you can claim for
The injury itself, lost earnings now and in future, treatment including private physiotherapy where the NHS wait is long, travel, damaged belongings such as a helmet, phone or bike, care from family, and the cost of things you can no longer do for yourself. Vehicle damage and hire are usually dealt with separately through insurers.
How a claim runs
The specialist firm sends a letter of claim to the insurer. For most claims up to £25,000 the insurer has 21 days to acknowledge and up to three months to say whether it accepts responsibility. An independent doctor examines you and reports on the injury and its likely course; your solicitor values the claim on that report and on your financial losses. Many claims settle by negotiation. Where fault or value is disputed, an action can be raised, often in the All-Scotland Sheriff Personal Injury Court in Edinburgh, which hears injury claims from anywhere in Scotland; your solicitor will tell you whether you would need to attend.
How long you have
Normally three years from the accident, with the same exceptions as any injury claim. Enquiring does not stop time running. The Motor Insurers' Bureau has additional requirements for untraced driver claims, so do not delay.
Questions people ask
The other driver admitted fault at the scene but their insurer now denies it.
Common. Witnesses, dashcam footage and any police report usually settle it. Tell us what evidence exists.
I was a passenger in a car driven by my husband. Do I have to sue him?
The claim is made against him, because he was the driver responsible, but his insurer deals with it and pays. The process is routine and he does not have to fund it.
Do I need a police report?
Not for every claim, but it helps, and prompt reporting to the police is normally required for a claim against an untraced driver.
Will the NHS treatment I received be charged to anyone?
The insurer that pays your claim also pays a contribution to the NHS for your treatment. It is not deducted from your compensation.
Can I claim for a crash abroad?
Different rules apply, and we handle accidents in Scotland only.
Injured on the road? Tell us what happened
We assess your enquiry free of charge and, with your consent, refer good claims to a specialist personal injury firm, which decides whether to take your case on. We receive a referral payment from that firm, paid out of the fee it earns; under our agreement it must not increase the success fee you are charged.
Sources for this page: Road Traffic Act 1988, sections 143 and 170; Road Vehicles (Construction and Use) Regulations 1986, regulation 105; Motor Insurers' Bureau Uninsured Drivers Agreement 2015 and Untraced Drivers Agreement 2017; Civil Liability Act 2018, Part 1 (extent: England and Wales); Whiplash Injury Regulations 2021 (England and Wales); Prescription and Limitation (Scotland) Act 1973, section 17; Act of Sederunt (Sheriff Court Rules Amendment) (Personal Injury Pre-Action Protocol) 2016; Health and Social Care (Community Health and Standards) Act 2003, Part 3; Courts Reform (Scotland) Act 2014.