In Britain alone there are nearly 3,000 people every week who are either killed or injured on the roads. It is painful for those involved, as they suffer broken bones, long periods of rehabilitation, and months or years of lost wages, while families are left trying to rebuild their lives after someone else's neglect.
If you have been injured in a motor accident in Scotland and the accident was someone else's fault, you could be eligible for motor accidents compensation. Thompsons Solicitors advises only the injured, never insurers or employers, and we deal with motor accident compensation claims on a no win no fee basis, so you pay nothing unless we win.
Regardless of whether you sustained whiplash in a low-speed shunt or a high-speed impact caused spinal and brain damage, our solicitors can help you. We have been claimant-only solicitors for decades.
Types of motor accident compensation claims we handle
Road accidents can result from many different things. You could have been hit from behind while waiting at a set of traffic lights, thrown from your bike by a careless driver, or injured as a passenger on a coach that applied its brakes sharply and unexpectedly. No matter what has occurred, if someone else's negligence caused your injuries then you may be able to claim compensation.
This is what we deal with.
Car accidents
The most common road accidents in Scotland are car crashes. There are many different types but the principle is always the same: if it was not your fault, you can claim. Whiplash is the injury we see most frequently, but many accidents result in broken bones, damage to the back, or head injuries which can affect people for the rest of their lives.
Motorbike accidents
While motorbikes only comprise 1% of all road traffic, they comprise 19% of all road user deaths. If that does not tell you about the exposure motorcyclists endure then nothing does. According to THINK!, 30 motorcyclists are injured or killed at junctions every day in this country.
Motorbike accident claims are often for very serious injuries as motorcyclists have virtually no physical protection. We have dealt with many such claims, from minor fractures to catastrophic spinal and head injuries.
Bus and coach passenger accidents
Sudden braking, an impact on the bus, or falling while boarding or disembarking can cause unforeseen injury for bus travellers. Bus accident compensation claims can be made against the bus operator, the driver, or a third party involved in the collision. The same applies for coach travel.
School bus crash compensation claims can be made by a child's parent. The child's limitation period for claiming does not begin until they are 18.
Cycling accidents
Pedal cyclists are one of the most vulnerable road users. We see a variety of cycling accidents from being run into at a junction to being doored by a parked car, or mown down by a vehicle overtaking too closely.
Cyclist accident compensation claims cover bruised and broken collarbones, road rash, and serious brain damage. And to clarify: there is no obligation to wear a helmet in Scotland and, in the event of a claim, not doing so should not affect your settlement, although insurers will sometimes try to argue the point.
Lorry and HGV accidents
The injuries inflicted by a lorry accident are just a lot more serious, due to the mass and size of the vehicle. Lorry accident compensation claims can raise a series of questions as to exactly who was liable, the driver, their employer, the haulage company, or the contractor responsible for vehicle maintenance. We dig deeper to hold the right parties to account.
Taxi accidents
Whether you were the passenger in a taxi, a car driver who has been hit by a taxi, or a pedestrian hit at a crossing, if the taxi driver was negligent, the insurance company will be liable for the compensation. Taxi compensation claims apply to private hire cars as well as ride-hailing services on the same terms. All taxis are required to be adequately insured, and that insurance exists to pay out compensation if the worst should happen.
Scooters, mopeds, and e-scooters
Riders of scooters and mopeds are exposed to the same hazards as motorcyclists but are usually less experienced riders. If any other road user is to blame for the accident, you should be able to claim whether you were riding a motorcycle, moped, or scooter. E-scooter accidents are becoming increasingly common, especially in Edinburgh and Glasgow, where rental schemes are now putting more of these vehicles onto congested roads.
Mini bus accidents
Mini bus accidents can occur during workplace transportation, community group trips, or private hire arrangements. Mini bus compensation claims can be made against the driver, the operator, or an employer if the mini bus was being used for work-related reasons. Mini bus passengers are owed the same duty of care as passengers in all other vehicles.
Tram accidents
The tram system in Edinburgh is, for many people, a valuable way to get around the city. However, the system has also led to injuries such as accidents involving trams and other vehicles, derailments, and pedestrians and cyclists attempting to cross the tram tracks. If you have been injured through the tram operator's negligence, you may have a claim.
Pedestrian accidents
Certain areas of Scotland face some of the highest levels of road injuries and fatalities in the UK. If you have been knocked down by a car, van, or lorry while walking on a crossing, a pavement, or in a car park, you are entitled to compensation. And even where you share some blame, such as crossing away from a designated crossing point, you can still recover a significant portion of your compensation. The provision is called contributory negligence, where your award is reduced by a percentage equivalent to your degree of blame rather than wiped out entirely.
Children hurt in road accidents
Children who have been involved in a road accident are able to claim damages even if they were partly responsible for the incident, as the law does not impose on children the same standard of care that it would on an adult. The claim is brought by the child's parent or guardian on their behalf, and the damages are usually held by the court until the child is 18 years old. The three-year limitation period does not begin until the child turns 18, which means they have until the age of 21.
What you can claim for after a motor accident
There are two types of damages, and both matter.
General damages refers to your pain, suffering, and loss of amenity, essentially the effects your injuries have had on your life, physically and psychologically. The amount awarded is based on the type of injury, the severity, the time it takes to recover, and whether any effects are permanent. This figure is guided by the Judicial College Guidelines. Some illustrative ranges:
- Minor whiplash (recovers within months): £2,990 – £9,630
- Moderate whiplash (longer-lasting, recurring symptoms): £9,630 – £46,970
- Moderate back injury: £15,260 – £47,320
- Moderate brain injury (cognitive impairment, personality changes): £52,550 – £267,340
Those are only guidelines. Nothing is guaranteed, and a solicitor familiar with your circumstances will be able to advise you more accurately.
Special damages compensate the actual financial losses the accident caused: wages you lost while unable to work and future lost earnings if you cannot return to the same role, medical treatment and rehabilitation, travel to and from hospital appointments, home care if necessary, repair or replacement of your vehicle, and equipment, adaptations, or modifications to your home if necessary.
How to claim motor accident compensation
Seek medical attention straight away. Your health is the priority. Medical records produced as soon as possible after the accident are some of the most compelling evidence for your claim.
Report the accident to the police if someone was injured or the other driver fled the scene. Make a note of the other driver's registration number, insurance details, and contact information. Take photographs of the scene, damage to the vehicle, and your injuries if possible.
Gather evidence while it is still fresh. This includes names and numbers of witnesses, dashcam footage, and CCTV from nearby shops or buildings. Every piece of evidence strengthens your case. Memories fade fast, and CCTV is overwritten within a couple of weeks.
Speak to a solicitor. A personal injury solicitor will advise you whether or not you have a case, and then deal with everything on your behalf. Thompsons offer a free initial assessment, with no obligation to continue.
The claims process: your solicitor sends a letter of claim to the at-fault driver's insurance company, arranges for independent medical reports on your injuries, and negotiates a settlement. In Scotland, the majority of motor accident claims are settled without going to court. If the insurance company denies liability or refuses to pay a reasonable amount, proceedings may be raised in the Sheriff Court or Court of Session.
Who actually pays your compensation?
The short answer is, the at-fault driver's motor insurer. Motor insurance has been compulsory since 1930, and everyone using a vehicle on the roads has to be insured for third-party personal injury and property damage.
What do you do if the driver who hit you was not insured, or drove off and was never traced? The Motor Insurers' Bureau (MIB) steps in. The MIB is funded by a modest addition to all motor insurance premiums paid in the UK, and is there to provide compensation for those injured by uninsured and untraced drivers. You can find out more at mygov.scot/road-crash-compensation.
With Thompsons' no win no fee agreement, you pay no legal costs unless your claim is successful. Should we succeed, a success fee, the rate of which is agreed beforehand and detailed to you before signing, is deducted from the damages.
Time limits for motor accident claims in Scotland
The general time limit for bringing a personal injury claim in Scotland is three years from the date of the accident. This is prescribed by the Prescription and Limitation (Scotland) Act 1973, Scotland's own limitation legislation, a different set of rules to those that govern proceedings in England and Wales.
There are some exceptions you should be aware of:
- Children: the three-year limitation period does not start until the child's 18th birthday. An injured child can bring proceedings up until their 21st birthday.
- Adults who lack mental capacity: the time limit can be extended or suspended.
- Date of knowledge: if you did not know of your injury at the time of the accident, the limitation period may run from the date you became aware of the injury.
Three years may seem like a long time, but evidence can go stale quicker than you think. Witnesses forget, dashcam footage is erased, CCTV is overwritten. The earlier you start your claim, the more evidence there is for your solicitor to work with.
Frequently asked questions
Talk to Thompsons about your motor accident claim
If you or someone close to you has been injured in a motor accident in Scotland, we can help. We handle all types of road traffic accident claims, from whiplash to life-changing injuries, on a no win no fee basis.
David Adams
David Adams
"You only get one opportunity to pursue a claim for compensation arising from an accident, and you have to make sure that when you do that, you get the best possible agents."
Contact us today for a free, no-obligation assessment. Call us or fill in our online form to get in touch.
