Based on reporting by Daily Record, 13 October 2026. All rights in the original report remain with the publisher.
What was reported
According to the Daily Record, a family in Perthshire has marked ten years since the death of a toddler who was struck by a car near the A94 Perth to Forfar road in October 2016. The child, who was two years old at the time, died at the scene after the vehicle mounted the pavement. Two other children who had been with her were also seriously injured in the incident.
The Daily Record reports that the driver was convicted and sentenced to six years in prison at the High Court in Glasgow in 2017, having been found to have been travelling at 50mph while using a mobile phone. The child's grandfather marked the tenth anniversary by sharing a public tribute to his granddaughter, describing the day of her death as the darkest of his life.
As reported by the Daily Record, the three children had recently stepped off a bus from Dundee when the collision occurred. The anniversary has prompted widespread reflection on road safety and the lasting impact such incidents have on families.
Fatal road traffic accident claims in Scotland
When a person is killed in a road traffic collision in Scotland, their close relatives may have the right to pursue a civil compensation claim entirely separate from any criminal proceedings. A criminal conviction, while potentially relevant, is not a requirement for a civil claim to succeed, and the two processes operate independently of one another.
In incidents of this kind, liability often rests with the driver of the vehicle involved, and claims are typically brought against that driver's motor insurance policy. Where a driver is uninsured or cannot be traced, the Motor Insurers' Bureau (MIB) exists to ensure that eligible claimants are not left without a route to compensation. All drivers in the United Kingdom are legally required to hold a minimum level of third-party insurance, which exists precisely to protect others harmed by their driving.
Civil claims are assessed on the balance of probabilities, meaning a court considers whether it is more likely than not that the defender's conduct caused the loss. A finding of guilt in criminal proceedings can be introduced as evidence in civil proceedings, but it does not automatically determine the outcome of a damages action.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, a claim arising from a personal injury or death must generally be brought within three years of the date of the incident, or three years from the date on which the claimant became aware that they had a potential claim. In cases involving the death of a person, the three-year period typically runs from the date of death.
There are limited exceptions to this rule. Where a claimant was a child at the time of the incident, the three-year period does not begin until they reach the age of sixteen. Courts also retain a discretion to allow a claim to proceed outside the standard time limit in certain circumstances, though this is not guaranteed and each case is considered individually.
Families who have experienced a bereavement are under no pressure to act immediately, but it is advisable to be mindful of the limitation period so that the option of making a claim is not lost through the passage of time.
What compensation can cover
Under the Damages (Scotland) Act 2011, close relatives of a person who has died as a result of another party's wrongful act are entitled to seek compensation. The categories of loss that may be claimed include the following.
- Loss of support: Where the deceased provided financial support or services to a family member, that loss of support can be reflected in a damages award. This can include practical contributions such as childcare or household tasks.
- Loss of society and guidance: Sometimes referred to as the "grief and loss of society" award, this reflects the loss of the deceased's companionship, care and personal relationship. It acknowledges the emotional and relational impact of bereavement, particularly for close family members such as parents and siblings.
- Funeral costs: Reasonable funeral expenses incurred by the family as a direct result of the death may be recovered as part of a claim.
- Solatium: A payment for the pain, suffering and distress experienced by the deceased prior to death may form part of the estate's claim where relevant circumstances apply.
It is important to understand that compensation in these cases is not intended to place a value on a life. It is a legal mechanism to provide practical and financial acknowledgement of a measurable loss. Awards are assessed according to established legal principles and the particular facts of each family's circumstances.
Legal fees in personal injury and fatal accident claims in Scotland are typically handled on a no-win, no-fee basis, and fees are not deducted from the compensation awarded.
Frequently asked questions
Can a family claim compensation even if the driver has already been jailed?
Yes. Criminal proceedings and civil compensation claims are entirely separate processes in Scotland. A driver being convicted and imprisoned does not prevent the deceased's family from pursuing a civil damages action. The two actions run independently, and the outcome of one does not automatically determine the outcome of the other.
Who can make a claim following a fatal road accident in Scotland?
Under the Damages (Scotland) Act 2011, qualifying relatives include a spouse or civil partner, a cohabitant, a parent, a child, a sibling, and in some circumstances a grandparent or other close family member. Each claimant's relationship to the deceased is considered individually when assessing the appropriate level of award.
What if the driver responsible was uninsured?
Where the driver involved did not hold valid insurance, or cannot be identified, families may still be able to pursue a claim through the Motor Insurers' Bureau. The MIB operates schemes to compensate victims of uninsured and untraced drivers and is funded by the insurance industry. An adviser can help identify the appropriate route for a claim in those circumstances.
How long does a fatal accident compensation claim take to resolve?
The duration of a claim varies considerably depending on its complexity, whether liability is disputed, and the extent of the losses involved. Some claims are resolved within months, while others involving disputed facts or complex financial losses may take considerably longer. Families should be prepared for the process to take time and should seek clear guidance at the outset.
Is there a time limit on claims brought on behalf of children who were injured in the same incident?
Where a child is injured in an incident, the three-year limitation period under the Prescription and Limitation (Scotland) Act 1973 does not begin until the child reaches the age of sixteen. This means a claim may still be possible even many years after the incident itself occurred, provided the child has not yet reached nineteen years of age.
Based on reporting by Daily Record, 13 October 2026. All rights in the original report remain with the publisher.