Based on reporting by The Press and Journal, 21 October 2026. All rights in the original report remain with the publisher.
What was reported
According to The Press and Journal, a van driver was involved in a head-on collision on the A92 near Aberdeen after his vehicle crossed onto the opposing carriageway. The driver's behaviour behind the wheel was described in court as "erratic" in the moments leading up to the impact, and he was reported to have been intoxicated at the time. The crash resulted in injuries to a woman travelling in the other vehicle, a Renault.
As reported by The Press and Journal, the incident resulted in court proceedings against the van driver. The case highlights the very real dangers posed to other road users when a driver is impaired, and the serious physical consequences that can follow for innocent parties involved in collisions of this kind.
Road traffic accident claims in Scotland
When someone is injured in a road traffic accident in Scotland through no fault of their own, they may be entitled to pursue a compensation claim. Claims are typically brought against the at-fault driver's motor insurance policy. In incidents of this kind, where a vehicle has crossed into oncoming traffic, liability will often rest with the driver of that vehicle, though each case turns on its own facts and evidence.
Where a driver is found to have been under the influence of alcohol or drugs, this can be a significant factor in establishing fault. Insurers are required by law to meet valid claims even where the driver was acting unlawfully, so an injured person is not left without recourse simply because the other driver was committing a criminal offence at the time. If a driver was uninsured, the Motor Insurers' Bureau (MIB) exists specifically to compensate victims in such circumstances under Scots and UK law.
Claims for road traffic injuries in Scotland are governed by Scots law, and the process will typically involve gathering evidence such as police reports, medical records, witness statements and any available dashcam or CCTV footage. Instructing the right legal support early is important, as evidence can be time-sensitive.
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 to raise court proceedings. Missing this deadline will almost always result in losing the right to claim, regardless of how strong the case might otherwise be.
There are limited exceptions to this rule. Where an injured person was a child at the time of the accident, the three-year period does not begin to run until they turn 16. Where a person lacks legal capacity, different provisions may apply. However, these exceptions are narrow, and it is always advisable to seek legal advice as early as possible rather than rely on an exception applying.
What compensation can cover
A successful personal injury claim in Scotland can cover a range of losses and impacts. Compensation is generally divided into two broad categories.
- Solatium - this is compensation for pain, suffering and loss of amenity. It reflects the physical and psychological impact of the injuries themselves, including any ongoing symptoms or permanent effects.
- Patrimonial loss - this covers financial losses arising from the injury, which can include loss of earnings if the person was unable to work, future loss of earning capacity if their ability to work has been affected long-term, the cost of medical treatment, physiotherapy or rehabilitation, travel expenses to and from appointments, and the cost of care or assistance received from family members or paid carers.
Compensation awards are assessed individually and will reflect the specific circumstances of the injured person. Courts and insurers will consider the nature and severity of the injuries, the prognosis, and the financial impact on that individual's life.
It is worth noting that some Scottish personal injury firms deduct up to 20% of a client's final award as a success fee. Scotland Claims charges a 0% success fee, meaning clients keep 100% of the compensation they are awarded, not a reduced share of it.
Frequently asked questions
Can I claim compensation if the other driver was drunk?
Yes. Insurers are legally obliged to meet valid claims even where their policyholder was driving while intoxicated. A criminal conviction or police findings relating to the other driver can support your civil claim, though the two processes are separate. You should seek legal advice as soon as possible after the incident.
What if the van driver was uninsured?
If the driver involved had no valid motor insurance, a claim can still be made through the Motor Insurers' Bureau. The MIB is a UK body set up specifically to compensate innocent victims of uninsured or untraced drivers. There are specific procedural steps and time limits that apply, so early legal advice is important.
How long does a road traffic accident claim take in Scotland?
Straightforward claims where liability is not disputed can sometimes settle within several months. More complex cases, particularly those involving serious injuries or disputed fault, can take longer. Your solicitor will keep you updated throughout the process and advise on realistic timescales for your specific situation.
Do I need to wait for the criminal case to finish before making a civil claim?
No. A civil personal injury claim and any criminal proceedings run independently of one another. You do not need to wait for a criminal case to conclude before pursuing compensation. In some cases, the outcome of a criminal prosecution can assist a civil claim, but it is not a prerequisite for starting one.
Will I have to go to court to get compensation?
The majority of personal injury claims in Scotland settle out of court through negotiation between solicitors and insurers. Court proceedings may be raised to protect your position within the time limit, but a final hearing is not always required. Your solicitor will advise you on the most appropriate approach for your circumstances.
Based on reporting by The Press and Journal, 21 October 2026. All rights in the original report remain with the publisher.