A road traffic accident doesn’t just affect the person travelling or driving on the road. It can affect the whole family in a variety of ways. A traffic accident is traumatic for families, from the moment of the accident and trips to the hospital, to the realisation that bills are piling up and life as you knew it has stopped. If a loved one has been injured in a road traffic accident which was not their fault, they are entitled to claim compensation, and Thompsons can assist you and your family through the process.

Whether your loved one was driving, cycling, sitting as a passenger, riding a motorbike, or travelling on a bus or coach, it makes no difference. If another person caused the accident, there is a legal right to compensation for pain and suffering, lost income, and other expenses.

How do you claim compensation for a family member after a traffic accident?

Where the accident victim is of full mental capacity and physically capable, they will need to make the claim themselves but can instruct a professional compensation lawyer to act for them. Friends and family can help practically by getting to meetings, locating documents, and keeping track of appointments.

If the case reaches court and the person injured is not well enough to attend, a doctor's certificate will be required.

When a family member has died following a car accident, dependants are able to make a claim. The claim must be started within 3 years of the death or within 3 years of the accident.

If a family member has lost mental capacity, whether as a result of the accident or a pre-existing condition, the three-year time limit is paused from the moment that capacity was lost. This means that a claim may still be possible even after three years have passed. However in this case, seeking legal advice as early as possible is always recommended.

David Adams

David Adams

Equity Partner

"If it's somebody who's incapacitated i.e. someone who maybe is suffering from a dementia or Alzheimer's type condition, or somebody who just doesn't have capacity for whatever other reason. It would be the person who holds the power of attorney or the guardianship order who would be the person we would deal with."

Following a serious road traffic accident, the weeks and months can be a very difficult time for families. Thompsons aims to work with you as sensitively as possible whilst protecting the rights of your family and pursuing justice. We will be there to support you through the legal process of bringing a claim for a road traffic accident death or for someone who has lost mental capacity.

What injuries can a family member claim for?

It varies widely. Car accidents cause everything from whiplash that clears up in a few weeks to catastrophic brain and spinal injuries that alter a person's life permanently. And, sadly, many accidents prove fatal.

If your family member was injured or killed in a car accident caused by the negligence of another party, there is a legal right to seek justice. Thompsons are dedicated to helping families make car accident claims in Scotland, and our personal injury solicitors are amongst the most experienced in the country.

What compensation can families claim after a traffic accident?

Seeking compensation following a car accident is not about putting a figure on someone's pain. For those with serious injuries, no amount of money buys back time. But a compensation claim secures money for treatment, replaces income lost, and gives the family some breathing space during what is an extremely difficult period. Without a claim, Statutory Sick Pay only provides a limited amount for 28 weeks, and after that it stops.

A claim for an injured family member can include compensation for pain and suffering, all lost income (including overtime and bonuses), and the cost of private medical treatment or specialist equipment that is not available on the NHS.

Where a family member has died, specific types of compensation apply:

• Bereavement award: A fixed statutory payment of £15,120, available to the spouse, civil partner or cohabiting partner of the deceased. Parents of a deceased child under 18 can also claim.
• Dependency claim: Compensation for family members who were financially dependent on the person who died, calculated on lost income and projected future earnings.
• Loss of services: Compensation for the practical things the deceased contributed to daily family life: childcare, managing the household, all of it.
• Funeral expenses: The reasonable costs of the funeral can be recovered from the at-fault party.

Who actually pays the compensation?

It is important to note that the driver who caused the accident does not pay out of their own pocket. It is the driver's insurer who settles the claim. And if the at-fault driver was working at the time of the accident, the employer's insurer pays.

What if it was a hit-and-run or the other driver was uninsured? The Motor Insurers' Bureau (MIB) has a scheme that allows people injured by an uninsured or untraceable driver to access compensation. There are strict time limits on MIB claims, so get in touch with Thompsons as soon as you can.

Claiming for a child injured in a traffic accident

If the child is under 16 you can act as their legal guardian in a compensation claim.

There is one major exception: if you were responsible for the incident, you cannot act as their guardian in the claim. A third party would need to be appointed instead.

Contact Thompsons and we can advise you on how to proceed with a compensation claim for a child injured in a road traffic accident.

What if the accident happened abroad?

Move quickly. In some countries, limitation periods are much shorter than in Scotland, and the legal requirements can differ significantly. It is possible to raise proceedings here in Scotland, but getting personal injury claim advice early is important.

Our Foreign and Travel Claims section has more detail on what to do.

Why choose Thompsons for family traffic accident claims?

Thompsons is one of Scotland's leading personal injury firms. Our specialist car accident solicitors' sole aim is to secure the maximum compensation for claimants in the fastest possible time. You can see examples of the outcomes we have achieved for families in our road accident case studies.

We only ever work for individuals, referred to as the claimants, and never for businesses or insurers. That is a deliberate choice, and it shapes everything about how we handle your case. We offer a No Win No Fee package, which means you will not pay any legal fees if your case is unsuccessful.

Frequently Asked Questions