A9 Crash Near Kingussie: What Victims of Road Traffic Accidents Need to Know About Compensation in Scotland

Based on reporting by Daily Record, 5 October 2026. All rights in the original report remain with the publisher.

What was reported

Two people were taken to hospital after a collision between a lorry and a van on the A9 near the junction for the A86 at Kingussie, according to the Daily Record. Emergency services were called to the scene at around 5.10am on Monday 5 October 2026.

As reported by the Daily Record, a Police Scotland spokesperson confirmed that the driver and a passenger from the van were transported to Raigmore Hospital in Inverness for treatment. No further details about the nature of their injuries were available at the time of reporting.

The road was closed following the incident and remained shut for approximately two hours before reopening at around 7.10am, police said.

Road traffic accident claims in Scotland

Collisions involving large goods vehicles and smaller road users, such as vans or cars, can result in serious injuries for those in the lighter vehicle. In incidents of this kind, liability often rests with the driver or drivers found to have breached their duty of care to other road users, and in turn with the insurers of the vehicle or vehicles involved.

In Scotland, road traffic accident claims are typically pursued against the at-fault party's motor insurer. Where a vehicle is uninsured or the driver cannot be traced, the Motor Insurers' Bureau (MIB) exists to compensate victims. Every driver on a public road in the UK is legally required to hold third-party insurance as a minimum, meaning there is nearly always a route to compensation for innocent parties injured in a collision.

Claims involving commercial vehicles, such as lorries, can be more complex. Employers may carry vicarious liability for the actions of their drivers when those drivers are working in the course of their employment. A specialist personal injury solicitor with experience in road traffic claims will assess all potential defenders before proceedings begin.

It is worth noting that some Scottish personal injury firms deduct up to 20% from a client's compensation as a success fee. Scotland Claims charges a 0% success fee, meaning clients keep 100% of any award made in their favour.

Time limits

Under the Prescription and Limitation (Scotland) Act 1973, anyone wishing to bring a personal injury claim in Scotland generally has three years from the date of the accident in which to raise court proceedings. In this case, that would mean any claim would ordinarily need to be raised by October 2029 at the latest.

There are limited exceptions to this three-year rule. Where an injured person was under 16 at the time of the accident, the three-year period does not begin until their 16th birthday. Where a person lacks legal capacity, the limitation period may be extended by the court at its discretion. Additionally, in some circumstances involving delayed diagnosis of an injury, the three-year period may run from the date the injured person first became aware of the connection between the accident and their injury, rather than from the accident date itself.

While three years may sound like ample time, it is advisable to seek legal advice as soon as reasonably possible. Evidence degrades, witnesses' recollections fade, and early preservation of dashcam footage, police reports, and medical records can significantly strengthen a claim.

What compensation can cover

A successful personal injury claim in Scotland can include a number of different heads of loss, depending on the circumstances and the severity of the injuries sustained. These commonly include:

  • Solatium - this is compensation for the pain, suffering, and loss of amenity caused by the injuries themselves. Awards are assessed by reference to the Judicial College Guidelines and Scottish case law.
  • Loss of earnings - where an injured person has been unable to work, or has had their earning capacity reduced, past and future income losses can be recovered.
  • Care and assistance - if an injured person has required help with daily tasks, whether provided by a professional carer or informally by a family member, the cost of that care can form part of the claim.
  • Medical treatment and rehabilitation - costs of physiotherapy, specialist consultations, prescriptions, and other treatment not covered by the NHS can be included.
  • Travel expenses - reasonable travel costs to and from medical appointments arising from the accident are routinely recoverable.
  • Future losses - in more serious cases, future care needs, aids and equipment, and loss of pension entitlement may also be claimed.

Compensation in Scotland is intended to put the injured person, as far as money is able to, back in the position they would have been in had the accident not occurred. Claims are assessed on their individual facts, and realistic valuations are based on medical evidence and financial documentation rather than inflated estimates.

Frequently asked questions

Can a van passenger injured in a road accident make a claim in Scotland?

Yes. A passenger who sustains injuries in a road traffic accident is generally well placed to bring a personal injury claim, as they are rarely found to share any responsibility for the collision. A claim would typically be directed at the insurer of the at-fault vehicle or vehicles involved.

How long does a road traffic accident claim take to resolve in Scotland?

Straightforward claims where liability is accepted early may settle within several months. More complex cases, particularly those involving serious injuries, disputed liability, or multiple vehicles, can take considerably longer. Cases that proceed to a court proof may take two years or more from the date of the accident before final resolution.

What evidence should I gather after a road accident?

Useful evidence includes photographs of the scene and vehicle damage, details of any witnesses, a copy of the police report, dashcam footage where available, records of all medical treatment received, and notes of any expenses or losses incurred as a result of the accident. The earlier evidence is preserved, the stronger the claim is likely to be.

Does it matter that the accident involved a commercial lorry rather than a private car?

It can affect who the potential defenders are. In incidents of this kind, liability may extend beyond the driver to include an employer or haulage company if the driver was working at the time. Commercial vehicles are also required to carry substantial insurance, which can be relevant to the level of cover available to meet any award.

Will I receive 100% of any compensation awarded?

That depends on the terms agreed with your solicitor. Many Scottish personal injury firms deduct a success fee of up to 20% from the compensation recovered. Scotland Claims operates on a 0% success fee basis, meaning clients retain every penny of the compensation they are awarded.

Based on reporting by Daily Record, 5 October 2026. All rights in the original report remain with the publisher.