Based on reporting by Daily Record, 9 September 2026. All rights in the original report remain with the publisher.
What was reported
According to the Daily Record, a woman in her late 50s died following a serious multi-vehicle collision on the A8 Glasgow Road, between Newbridge Roundabout and Gogar, at approximately 9.25am on a Monday morning. The incident involved four vehicles and police reportedly described it as a hit-and-run. Emergency services attended and the woman was pronounced dead at the scene.
As reported by the Daily Record, detectives indicated they were seeking three individuals who had allegedly left the scene following the collision. Two women and a man were subsequently arrested in connection with the incident. Police Scotland is understood to be continuing its investigation.
Friends and family are reported to have paid tribute on social media to the woman, who was from the Broxburn area of West Lothian. Those who knew her described her as a much-loved friend and family member.
Road traffic accident claims in Scotland
When someone dies as a result of a road traffic collision in Scotland, their close relatives may be entitled to seek compensation through a civil claim. This is entirely separate from any criminal proceedings that may follow and can proceed regardless of the outcome of a criminal case.
In incidents of this kind, liability often rests with the driver or drivers whose actions are found, on the balance of probabilities, to have caused or contributed to the collision. Where a driver has fled the scene and cannot be identified, claims may still be possible through the Motor Insurers Bureau (MIB), which exists specifically to compensate victims of uninsured or untraced drivers. Where drivers are identified and were insured at the time, a claim is typically pursued against their motor insurer.
Under the Damages (Scotland) Act 2011, a defined category of close relatives, including a spouse or civil partner, children, parents, siblings and certain others, are entitled to claim for what is known as loss of society, as well as other heads of loss. A claim of this kind is known as a relative's claim, and it can be pursued by the executor of the deceased's estate as well as by qualifying relatives in their own right.
Time limits
In Scotland, the general rule under the Prescription and Limitation (Scotland) Act 1973 is that a personal injury or fatal accident claim must be brought within three years of the date of the incident, or within three years of the date on which the pursuer became aware that a claim may exist. For fatal accident claims, this period typically runs from the date of death.
Three years may sound like a considerable amount of time, but gathering evidence, obtaining medical and forensic records, identifying insurers and instructing appropriate experts all take time. It is generally advisable not to leave matters to the last moment, particularly where criminal proceedings are ongoing and may affect the availability of evidence.
In limited circumstances, a court may exercise discretion to allow a claim to proceed beyond the three-year period, but this is not guaranteed and should not be relied upon.
What compensation can cover
In a fatal accident claim under Scots law, compensation can cover a range of losses. These include the following.
- Loss of society: This reflects the grief, distress and loss of the relationship that close relatives suffer as a result of a bereavement. It is a distinct head of loss under the Damages (Scotland) Act 2011 and is available to qualifying relatives as defined in that Act.
- Loss of financial support: Where the deceased was contributing financially to the household, dependants may be able to recover compensation reflecting what they have lost as a result of that income or support no longer being available.
- Funeral costs: Reasonable funeral expenses are recoverable as part of a fatal accident claim in Scotland.
- The deceased's own losses: The estate may also be able to recover solatium, reflecting the pain and suffering experienced by the deceased between the time of the collision and the time of death, where relevant.
- Services and care: Where close relatives have had to provide additional care or support as a result of the bereavement, or where services previously provided by the deceased are no longer available, these may also form part of a claim.
Compensation awards in fatal accident cases vary considerably depending on the individual circumstances, the nature of the relationships involved and the financial impact on the family. A legal adviser can provide a more precise assessment once the relevant facts are known.
It is worth noting that, where a claim is taken forward on a no-win, no-fee basis, legal fees are not deducted from the compensation awarded to the family.
Frequently asked questions
Can a family make a civil claim even if criminal proceedings are under way?
Yes. A civil compensation claim and a criminal prosecution are entirely separate processes. A civil claim can proceed regardless of whether anyone is charged or convicted. The standard of proof in civil cases is lower than in criminal courts, meaning a successful civil claim is possible even where a criminal case does not result in a conviction.
What if the driver responsible was uninsured or left the scene?
In Scotland, claims involving untraced or uninsured drivers can be made to the Motor Insurers Bureau. The MIB operates two schemes covering these situations and can provide compensation to the families of those killed in such collisions. A legal adviser can assist with navigating the MIB process, which has its own procedural requirements.
Who qualifies as a close relative for the purposes of a fatal accident claim?
The Damages (Scotland) Act 2011 defines which relatives may claim. These include a spouse or civil partner, children, parents, siblings, and certain other relatives. The list also includes a person who had been living with the deceased as if in a marriage or civil partnership for at least two years before the death.
How long does a fatal accident claim typically take to resolve?
Timescales vary depending on the complexity of the case, the number of parties involved and whether liability is disputed. Some claims are resolved within a year or two, while more complex cases, particularly those involving ongoing criminal proceedings or disputed liability, may take longer. Families are not obliged to act quickly, but should be mindful of the three-year time limit.
Is there any cost to the family in bringing a claim?
Many solicitors in Scotland handle personal injury and fatal accident claims on a no-win, no-fee arrangement. Under such agreements, the family does not pay legal fees if the claim is unsuccessful, and compensation is paid in full without deductions where a fee arrangement of this kind is in place. Families should confirm the basis of any fee arrangement at the outset.
Based on reporting by Daily Record, 9 September 2026. All rights in the original report remain with the publisher.