Contents
What is the CPAP in Scotland?
TL;DR: CPAP is a formal process under the Sheriff Court rules requiring early exchange of information between claimant and insurer before raising court proceedings.
Why does CPAP matter for road traffic accidents?
- Encourages settlement before court.
- Requires insurers to respond within strict timescales.
- Reduces delays and unnecessary legal costs.
What are the key CPAP steps?
8-step timeline:
1. Letter of claim sent
Sets out case details.
2. Insurer acknowledges
21 days to respond.
3. Insurer investigates
3 months typical.
4. Response on liability
Admit/deny.
5. Medical evidence exchanged
Independent medical reports shared.
6. Valuation & negotiation
Both parties negotiate settlement amount.
7. Settlement reached or fails
Agreement or proceed to next step.
8. Court proceedings if unresolved
Raise proceedings only if settlement fails.
How long does CPAP take?
Typical duration: 4-9 months, depending on complexity and insurer response.
What happens if CPAP is not followed?
Courts can penalise non-compliance by awarding expenses against the defaulting party.