Contents
Types of road traffic accident claims
Road traffic accidents (RTAs) in Scotland cover any incident on a public road involving vehicles, cyclists, or pedestrians. We handle claims for:
Car Accident Claims
Collisions, rear-end shunts, junction accidents, motorway incidents. Claims available in Glasgow, Edinburgh, Aberdeen, Dundee and across Scotland.
Motorcycle Accident Claims
SMIDSY incidents, filtering accidents, roundabout collisions. Motorcycle claims in Glasgow and throughout Scotland.
Cycling Accident Claims
Dooring incidents, close passes, junction collisions. Cycling accident claims for commuters and recreational cyclists.
Pedestrian Accident Claims
Hit by vehicles at crossings, pavement incidents, car park accidents. Pedestrian injury claims across Scotland.
Passenger Claims
Injured as a passenger in cars, taxis, Ubers, buses, or coaches. You can claim even if the driver was a family member.
Hit-and-Run & Uninsured Drivers
If the driver fled or was uninsured, claims go through the Motor Insurers' Bureau (MIB).
How Scotland differs from England
Scotland has its own legal system for personal injury claims. Key differences include:
No whiplash tariffs
England introduced fixed whiplash tariffs in 2021. Scotland assesses each case individually using Judicial College Guidelines. Learn more about whiplash claims in Scotland.
Compulsory Pre-Action Protocol (CPAP)
Scotland requires a formal 8-step process before court proceedings. Read our CPAP guide.
Capped success fees
Scottish law caps no win no fee success fees at 20% of the first £100k. See success fee caps explained.
Sheriff Court system
Claims are heard in the Sheriff Court (not County Court), with the Court of Session for higher value cases.
Can I make an RTA claim in Scotland?
You may be able to claim if another road user was at fault for your accident. This includes:
- Another driver caused the collision
- A vehicle hit you as a pedestrian or cyclist
- You were a passenger in a vehicle involved in an accident
- Poor road conditions or defects caused the accident (council liability)
- The other driver was uninsured or fled the scene (MIB claim)
Partly at fault?
You can still claim even if you were partly responsible. Your compensation will be reduced to reflect your share of fault (contributory negligence).
The claims process in Scotland
Step 1: Free case review
Complete our form and we'll connect you with an FCA-authorised firm within 24 hours.
Step 2: Evidence gathering
Your solicitor collects police reports, witness statements, medical records, and dashcam footage.
Step 3: Medical assessment
An independent medical expert examines you and provides a report on your injuries and prognosis.
Step 4: Pre-Action Protocol
Formal notification to the at-fault party's insurer under Scotland's CPAP rules.
Step 5: Negotiation & settlement
Most claims settle without court. If not, proceedings are raised in the Sheriff Court.
Time limits for RTA claims in Scotland
In Scotland, you have 3 years from the date of the accident to start court proceedings.
Exceptions:
- Children: 3 years from their 16th birthday (claims can be made up to age 19)
- Mental incapacity: Time limits may be suspended
- Late discovery of injury: Time may run from date of knowledge
Don't delay: Evidence deteriorates quickly - CCTV is deleted, witnesses forget, vehicles are repaired.
What compensation can I claim?
General damages
Compensation for pain, suffering, and loss of amenity. Assessed using Judicial College Guidelines based on injury severity.
Special damages
Financial losses including lost earnings, medical expenses, travel costs, vehicle damage, care costs.
Future losses
Ongoing care, future earnings loss, rehabilitation costs if injuries are long-term.
Learn more about funding options in our no win no fee Scotland guide.
RTA claims by location
We connect you with solicitors handling road traffic accident claims across Scotland: