Based on reporting by BBC News, 21 September 2026. All rights in the original report remain with the publisher.
What was reported
According to BBC News, a man in his late 30s appeared at the High Court in Glasgow and admitted causing the death of a grandfather in his 70s in a hit-and-run collision on a street in Hamilton, South Lanarkshire, in October 2024. The court reportedly heard that the driver had consumed alcohol on the night in question and was using a mobile phone at the time of the impact. A passenger is said to have warned the driver that a pedestrian was ahead, but no attempt to brake or swerve was made.
As reported by BBC News, the court was told that after striking the pedestrian, the driver did not stop and instead continued driving, telling those in the vehicle he could not stop as he was, in his own words, avoiding police. The pedestrian, who had been walking home, was pronounced dead at the scene. Paramedics attended and made resuscitation attempts, but these were unsuccessful.
BBC News also reported that the vehicle involved was a hired car, which was later returned to the hire company with visible damage. The driver was subsequently arrested in connection with a separate matter and admitted his involvement in the collision at that point, according to the report.
Road traffic accident claims in Scotland
Fatal road traffic collisions can give rise to civil compensation claims that run entirely separately from any criminal proceedings. A criminal conviction, or a guilty plea, does not automatically result in compensation for the deceased person's family. A civil claim must be pursued in its own right.
In incidents of this kind, liability in a civil claim often rests with the driver of the vehicle involved, or, depending on the circumstances, with the registered keeper, the insurer, or the hire company if there are questions about the vehicle's lawful use. Where a vehicle is uninsured or the driver cannot be traced, the Motor Insurers' Bureau may be able to meet a compensation award on behalf of the family. Scotland has its own rules governing how such claims are assessed, and Scots law applies to incidents that occur here.
It is important to understand that a civil claim for compensation is not the same as seeking justice through the courts. Many families find that pursuing a claim helps them to address the practical financial consequences of a sudden bereavement, rather than being a reflection on the criminal process.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, close relatives of a person who has died in an accident generally have three years from the date of death to bring a civil compensation claim. In a fatal case, this three-year period typically runs from the date on which the person died, rather than from any later date such as the conclusion of criminal proceedings.
Families are under no obligation to act immediately. It is entirely reasonable to take time to grieve before considering whether to pursue a civil claim. However, it is wise not to allow the three-year period to pass without at least seeking initial advice, as the courts have only limited discretion to allow claims to proceed once the time limit has expired.
What compensation can cover
Under the Damages (Scotland) Act 2011, close relatives of a person killed in an accident may be entitled to a range of heads of compensation. These include the following.
- Loss of support: Where the deceased provided financial support to family members, whether through earnings, pension income or other contributions, dependants may claim for the loss of that financial support going forward.
- Grief and loss of society: Scots law recognises that family members suffer a genuine and lasting loss when someone close to them is killed. Compensation for this, sometimes called solatium or loss of society, acknowledges the emotional harm caused, including the loss of the deceased person's company, guidance and care.
- Funeral costs: Reasonable funeral and burial or cremation expenses can be recovered as part of a claim.
- Services the deceased provided: If the deceased carried out practical tasks for family members, such as childcare, household work or assistance with a business, a claim can reflect the cost of replacing those services.
The value of any claim will depend on the specific circumstances of the family and their relationship with the person who died. Compensation amounts in Scotland are assessed by reference to established legal principles and, where necessary, decided by a court.
Legal fees in claims of this type are not deducted from the compensation a family receives.
Frequently asked questions
Can the family pursue a civil claim even though criminal proceedings have taken place?
Yes. Criminal and civil proceedings are entirely separate. A guilty plea or conviction in a criminal court does not automatically award compensation to the family. A civil claim must be made independently, and the outcome of one process does not bind the other, though findings of fact made in criminal proceedings can be relevant.
Who would a civil claim be made against in a case involving a hired vehicle?
In incidents of this kind, a claim may be directed at the driver, their insurer, or, depending on the policy terms and the circumstances of the hiring, potentially the hire company. Where normal insurance arrangements do not apply, the Motor Insurers' Bureau exists specifically to compensate victims in cases involving uninsured or untraced drivers.
Do family members have to wait for the criminal case to end before starting a civil claim?
There is no strict legal requirement to wait, though in practice many families prefer to allow criminal proceedings to conclude first. Legal advisers will typically monitor the three-year time limit carefully and may take protective steps to preserve a claim while criminal proceedings are ongoing.
Which relatives are entitled to claim under the Damages (Scotland) Act 2011?
The Act defines a specific group of relatives who may claim. This includes a spouse or civil partner, a cohabiting partner of at least two years, children, parents, siblings and, in some circumstances, grandchildren and grandparents. Each eligible relative may have an independent claim for loss of society and, where applicable, loss of financial support.
How long does a fatal accident compensation claim typically take in Scotland?
Timescales vary considerably depending on whether liability is disputed, the complexity of financial loss calculations, and whether the claim is settled by agreement or requires court proceedings. Some claims conclude within a year or two; others, particularly where liability or the value of future losses is contested, may take longer. Families are not required to rush the process.
Based on reporting by BBC News, 21 September 2026. All rights in the original report remain with the publisher.