Quick answer
A Scottish road traffic claim normally turns on who failed to take reasonable care, whether that failure caused injury, and what loss can be proved. Preserve vehicle, scene, witness and medical evidence early; notify the insurer, but do not assume an early offer reflects the claim’s full value.
What this guide adds
This guide maps the road-collision evidence chain and the routes for uninsured or untraced drivers. The separate whiplash, cycling and motorcycle guides examine issues unique to those injuries and road users.
The four questions that decide the claim
- Who owed a duty of care and what driving act is criticised?
- What independent evidence supports that account?
- Did the collision cause or worsen the injury?
- What financial and practical losses followed?
Evidence to secure
Record the exact location, direction of travel, weather, lighting, road layout and vehicle damage. Keep dashcam files in their original format, obtain witness details, report the collision where legally required, and ask nearby premises promptly to preserve CCTV. Photographs taken later should not be presented as if they show the scene at the time.
Liability is often more detailed than ‘rear-end’ or ‘right of way’
Speed, lookout, signalling, stopping distance, junction priority and evasive action may all matter. The Highway Code can be relevant evidence, but a breach does not automatically decide civil liability. Responsibility can be shared, reducing rather than necessarily defeating compensation.
Uninsured or untraced drivers
The Motor Insurers’ Bureau operates separate schemes where the responsible vehicle was uninsured or cannot be traced. Those routes have their own conditions and evidence requirements, so keep police references, vehicle details and proof of enquiries.
What compensation may cover
- Pain, suffering and loss of amenity
- Past and future earnings or pension loss
- Treatment, travel and care
- Damaged property and other evidenced expenses
Authoritative sources
These primary sources support and contextualise this guide. They are not a substitute for advice on the facts of an individual case.
- The Highway Code: introduction and hierarchy of road users — Official rules and the hierarchy placing greatest responsibility on those who can cause the greatest harm.
- Motor Insurers’ Bureau: making a claim — Official routes for claims involving uninsured or untraced drivers.
- Prescription and Limitation (Scotland) Act 1973 — The statutory framework for limitation in Scottish personal injury actions.
- Scottish Courts and Tribunals Service: All-Scotland Sheriff Personal Injury Court — Official information about Scotland’s specialist sheriff personal injury court.
Next useful steps
Read the Road traffic accident service overview, build an evidence checklist, and check the Scottish time-limit guide.
General information only. The applicable law, forum and deadline depend on the facts. Medical symptoms should be assessed by an appropriate healthcare professional.