Road Traffic Accidents — 16 Frequently Asked Questions
If you've been injured in a road traffic accident in Scotland — as a driver, passenger, cyclist, or pedestrian — you can generally claim solatium and other damages from the at-fault driver's insurer, or through the Motor Insurers' Bureau if they were uninsured or untraced. Scotland was excluded from the Civil Liability Act 2018 whiplash tariff, so whiplash claims here follow the ordinary claims process rather than a fixed tariff.
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What should I do immediately after a road traffic accident?
Stop the vehicle, check for injuries, and call 999 if anyone is hurt or the road is blocked. Exchange details with the other driver(s), take photos of the scene and vehicle damage, and get the names of any witnesses.
Can I claim if the accident wasn't my fault?
Yes — if another driver caused or contributed to the accident, you can generally claim against their insurer for your injuries, vehicle damage, and other losses. You'll usually need evidence of fault, such as a police report, witness statements, or dashcam footage.
What if the other driver was uninsured or drove off?
The Motor Insurers' Bureau (MIB) exists precisely for this across the whole UK, including Scotland — it compensates victims of uninsured and untraced (hit-and-run) drivers under the Uninsured Drivers Agreement and Untraced Drivers Agreement.
How much compensation can I get for whiplash?
Scotland was excluded from the Civil Liability Act 2018 whiplash tariff, so whiplash claims here aren't valued against a fixed government tariff — they're assessed under ordinary principles, using solatium guidance and Scottish case law, much as they were before the 2021 reform in England and Wales.
What is the Whiplash Reform Programme, and does it apply in Scotland?
No — the Whiplash Reform Programme and its Official Injury Claim (OIC) portal only apply to road traffic claims in England and Wales. Whiplash claims in Scotland go through the ordinary claims process instead.
Can I claim as a passenger?
Yes. Passengers can claim against the driver(s) at fault, even if that's the driver of the car they were travelling in, and even if the driver is a friend or family member — the claim is against their insurance, not them personally.
What if I was partly at fault for the accident?
You can still claim, with your compensation reduced by a percentage reflecting your share of the blame ("contributory negligence"), under the same UK-wide Law Reform (Contributory Negligence) Act 1945 that applies in Scotland.
Do I need a police report to claim?
Not always, but it helps significantly, especially if fault is disputed. If the police attended, ask for the incident number; if not, a solicitor can still build a claim from witness statements, photos, and vehicle damage.
Can I claim for a cycling accident?
Yes — cyclists injured by the fault of a driver, another cyclist, or a road defect can claim in the same way as any other road user, though as a more exposed road user, injuries can be more serious.
What if I was a pedestrian hit by a vehicle?
Pedestrians can claim against the at-fault driver's insurer, or through the Motor Insurers' Bureau if the driver was uninsured or untraced.
How long after a car accident can I start a claim?
You can start straight away, and generally should — evidence is freshest soon after the accident, even though the legal time limit under the Prescription and Limitation (Scotland) Act 1973 is normally three years.
Can I claim for damage to my car as well as my injuries?
Yes, these are usually claimed together: solatium for the injury itself, plus special damages and services for your financial losses, including vehicle repair or write-off costs and a replacement hire car.
What is a knock-for-knock agreement, and does it affect my claim?
It's an arrangement between insurers to each cover their own policyholder's vehicle damage regardless of fault. It doesn't affect your right to claim compensation for your injuries from the at-fault driver.
Can I claim if the accident happened abroad?
Often yes, particularly within the EU, under rules that can let you bring a claim in Scotland against a foreign insurer in some circumstances. This area is genuinely complex, so early advice from a solicitor experienced in cross-border claims is important.
What if the accident caused psychological injury, not just physical injury?
Psychological injuries such as PTSD, anxiety, or depression caused by a road accident can be compensated as part of your solatium, provided they're properly diagnosed and linked to the accident by medical evidence.
Does the fixed whiplash tariff apply in Scotland?
No. The whiplash tariff created by the Civil Liability Act 2018 and the Whiplash Injury Regulations 2021 applies only in England and Wales. Whiplash claims in Scotland continue to be valued on ordinary common law principles, which generally produces a higher figure than the equivalent tariff amount south of the border.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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