Based on reporting by BBC News, 28 September 2026. All rights in the original report remain with the publisher.
What was reported
According to BBC News, a man in his late 60s died after being struck by a car in the car park of a supermarket on Meadow Place Road, Corstorphine, Edinburgh, in February 2026. He was pronounced dead at the scene. An air ambulance attended the incident, but medical intervention was not able to save him.
BBC News reports that a man in his late 70s has since been arrested and charged in connection with the fatal collision. Police Scotland confirmed that no other injuries were reported, and that the charged individual would be reported to the procurator fiscal in due course.
No findings of liability or guilt have been made at this stage, and criminal proceedings are a matter entirely separate from any civil compensation claim that may arise from the incident.
Road traffic accident claims in Scotland
When a person dies as a result of a road traffic collision in Scotland, close relatives may have the right to pursue a civil compensation claim under the Damages (Scotland) Act 2011. This is entirely separate from any criminal process and can proceed regardless of the outcome of criminal proceedings.
In incidents of this kind, liability in civil law often rests with the driver of the vehicle involved, or with the insurer of that vehicle. Private car parks on retail sites are not public roads in the conventional sense, but road traffic law and civil liability principles can still apply to vehicles being driven in such locations. Each case is assessed on its own facts and circumstances.
Where a vehicle is insured, as is legally required for any motor vehicle used in a public place or private land in many circumstances, a claim would typically be pursued against the driver's motor insurer. If a vehicle is uninsured, the Motor Insurers' Bureau may be able to consider a claim on behalf of bereaved relatives.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, those wishing to pursue a civil compensation claim generally have three years from the date of the incident, or from the date they became aware of relevant facts, in which to raise court proceedings. In the case of a fatal accident, this three-year period typically runs from the date of death.
Whilst three years may seem a considerable period, gathering evidence, obtaining expert reports and allowing time for grief means that many families benefit from seeking early, independent legal advice. There is no obligation to act immediately, but delay can complicate the process of preserving evidence and witness recollections.
In certain circumstances, such as where a claimant lacked legal capacity at the relevant time, the court retains a discretion to allow a claim to proceed outside the three-year period. However, this is not guaranteed, and it is always preferable to act within the standard limit.
What compensation can cover
Under the Damages (Scotland) Act 2011, the relatives of a person who has died as a result of another party's wrongdoing may be entitled to claim for a range of losses. These can include:
- Loss of support - where the deceased contributed financially to a household, dependants may claim for the financial support they have lost.
- Funeral expenses - reasonable costs incurred in arranging a funeral are recoverable.
- Loss of society and grief - close relatives, including a spouse or civil partner, children and parents, may be entitled to an award reflecting the grief, distress and loss of companionship they have suffered. This is sometimes referred to as a loss of society award.
- Services - where the deceased provided practical assistance around the home or in a caring capacity, the value of those services may also be recoverable.
The law sets out which categories of relative are entitled to claim and in what circumstances. Fees in fatal accident claims pursued on a no-win, no-fee basis are not deducted from the compensation recovered by the family.
Every case is different, and the value of any claim will depend on the specific circumstances of the deceased and their family. Figures are assessed by reference to established legal principles and, where necessary, by the Scottish courts.
Frequently asked questions
Can relatives pursue a compensation claim even while criminal proceedings are ongoing?
Yes. A civil compensation claim in Scotland is entirely separate from any criminal prosecution. Relatives do not need to wait for criminal proceedings to conclude before seeking legal advice about a civil claim. The two processes run independently of one another and are decided by different legal standards.
Who can make a claim following a fatal road traffic accident in Scotland?
Under the Damages (Scotland) Act 2011, a defined group of close relatives is entitled to claim. This includes a spouse or civil partner, children, parents and siblings, among others. The exact entitlement depends on the relationship to the deceased and the specific circumstances of the case.
Does the accident having occurred in a private car park affect a claim?
Not necessarily. Civil liability principles can apply to vehicles being driven in private car parks as well as on public roads. Each situation is assessed on its own facts. Legal advice specific to the circumstances of the incident would clarify how this might affect any potential claim.
What if the driver involved was uninsured?
Where a vehicle involved in a fatal collision is uninsured, the Motor Insurers' Bureau may be able to consider a claim on behalf of bereaved relatives. This is a statutory body established to compensate victims of uninsured and untraced drivers in the United Kingdom.
How long does a fatal accident compensation claim typically take in Scotland?
Timescales vary considerably depending on the complexity of the case, the cooperation of insurers and whether liability is disputed. Some claims are resolved within months through negotiation, while others may take considerably longer, particularly if court proceedings become necessary. Keeping within the three-year limitation period remains the most important consideration.
Based on reporting by BBC News, 28 September 2026. All rights in the original report remain with the publisher.