The three-year time limit
- Regulated by the Law Society of Scotland
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Published by Rooney Family Law Limited, solicitors, regulated by the Law Society of Scotland. Last reviewed 20th September 2026.
In Scotland you normally have three years from the date of the accident to raise a court action for personal injury. The exceptions matter: time can start later if you could not reasonably have known you had a claim, it does not start for a child until their sixteenth birthday, and time is disregarded during periods of legal disability recognised by section 17, including nonage and unsoundness of mind.
Only raising a court action does. Writing to the other side does not. An insurer saying it is looking into things does not. An ongoing complaint or investigation does not. If your accident is approaching three years old, say so in your first message and we will flag it as urgent when we reply.
The general rule
Section 17 of the Prescription and Limitation (Scotland) Act 1973 gives you three years from the date the injuries were sustained, or from the date a continuing act or omission stopped, whichever is later. Miss it and the claim is normally lost however good it was.
When time starts later
Section 17(2)(b) is the exception that matters most. Where it is later, the three years run instead from the date you first became aware, or when it would have been reasonably practicable to become aware, of three things: that the injuries were serious enough to justify bringing a claim, that they were caused wholly or partly by an act or omission, and who was responsible.
Note the words "reasonably practicable". It is not enough to say you did not know. The question is also what you could have found out had you made reasonable enquiries. Someone who suspected for years that their deafness came from work, and did nothing, may find time ran from earlier than they hoped.
This rule is why an illness appearing long after the exposure can still be claimed. Someone diagnosed with an asbestos-related disease decades after breathing the dust has three years from when they knew, not from the exposure. The same reasoning applies to industrial deafness, vibration injury and similar conditions that build up over years, where the clock usually starts when a reasonable person would have connected the problem with the work, often an appointment rather than a first symptom.
Children
Time does not run while a person is under legal disability by reason of nonage. In Scotland that ends at sixteen, not eighteen as in England. So a child injured at eight has until their nineteenth birthday, and a parent who does nothing before then has not lost the child's claim. It is still far better to deal with it while the evidence is fresh.
Loss of capacity
Time is also disregarded for any period during which the injured person is under legal disability by reason of unsoundness of mind. Where a serious brain injury leaves someone without capacity of that kind, the calculation may be materially affected and needs individual assessment.
The court's discretion, which you should not rely on
Section 19A allows a court to let a late action proceed where it seems equitable to do so. It is a real power and it is sometimes granted. It is also a contested application that your opponent will resist, that costs money to run, and that you may lose. Treat it as a last resort, not a safety net.
Different time limits that catch people out
Criminal injuries compensation, for victims of violent crime, is a separate scheme with its own rules and normally a two-year limit. Claims against untraced drivers through the Motor Insurers' Bureau have their own requirements, including prompt reporting to the police. Employment tribunal claims, if you have been dismissed or badly treated after an accident, usually have a limit measured in months rather than years. If any of these might apply to you, say so when you enquire.
Questions people ask
My accident was four years ago. Is there any point?
Usually not, but tell us the facts rather than assuming. If you genuinely could not have known earlier, the date of knowledge rule may help.
The other side has been negotiating for two and a half years.
That does not extend anything. Get a solicitor now.
Does the three years run from the accident or the diagnosis?
From the accident, unless the date of knowledge rule applies, which in illness cases it usually does.
Worried about your time limit? Tell us the date
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: Prescription and Limitation (Scotland) Act 1973, sections 17, 17(2)(b), 17(3) and 19A; Age of Legal Capacity (Scotland) Act 1991; Criminal Injuries Compensation Scheme 2012; Motor Insurers' Bureau Untraced Drivers Agreement 2017; Employment Rights Act 1996.