Based on reporting by BBC News, 13 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 died in hospital following a three-vehicle collision on the A68 near St Boswells in the Scottish Borders. The incident is reported to have occurred at around 21:00 on a Saturday evening in September 2026.
BBC News reports that the collision involved three vehicles and that, alongside the fatality, a woman in her early 60s sustained serious injuries and a man in his mid-60s suffered minor injuries. Emergency services attended the scene and police subsequently closed the road to conduct a collision investigation, with the road reopening in the early hours of Sunday morning.
Police have appealed for witnesses or anyone who saw the vehicles involved prior to the collision to come forward, as reported by BBC News. Enquiries are understood to be ongoing.
Road traffic accident claims in Scotland
When a person dies as a result of a road traffic collision in Scotland, their close relatives may be entitled to pursue a claim for compensation. These claims are governed by Scots law, which has its own distinct legal framework from the rest of the United Kingdom.
In incidents of this kind, liability often rests with the driver or drivers found to have been at fault following a police investigation. Claims are typically made against the insurer of the responsible vehicle or vehicles. Where a vehicle is uninsured or the driver cannot be traced, the Motor Insurers' Bureau may be responsible for meeting a claim. It is important to note that liability in any individual case is a matter for investigation and, ultimately, the courts or insurers to determine.
Relatives considering a claim do not need to wait for criminal proceedings or a fatal accident inquiry to conclude before taking legal advice, though the outcome of such processes can be relevant to civil claims.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, there is generally a three-year time limit within which a personal injury or death claim must be raised in Scotland. In a fatal case, that period typically runs from the date of death.
While three years may feel like a long time, gathering evidence, obtaining expert reports and investigating the circumstances of a fatal collision can take considerable time. It is sensible for those affected to seek advice well within that period rather than close to the deadline.
There are limited circumstances in which the 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
Under the Damages (Scotland) Act 2011, close relatives of a person who has died as a result of another party's negligence may be entitled to a range of heads of damages. These can include the following:
- Loss of support: Where the deceased provided financial support to a partner, children or other dependants, compensation may reflect the financial loss those individuals have suffered as a result of the death.
- Funeral costs: Reasonable funeral and burial or cremation expenses can form part of a claim.
- Loss of society and grief: Scots law recognises that close relatives suffer a genuine loss that goes beyond the financial. Compensation for loss of society reflects the loss of the companionship, care and guidance that the deceased would have provided. An element for grief may also be recoverable.
- Services: Where the deceased carried out practical tasks in the home or provided care to family members, the cost of replacing those services may be claimed.
Compensation is assessed individually and varies depending on the circumstances of each family. Solicitors who handle personal injury and fatal accident claims in Scotland typically do so on a no win, no fee basis, and fees are not deducted from the compensation that is recovered.
For those who were themselves injured in the same collision, separate claims may be available covering pain and suffering, loss of earnings, the cost of medical treatment and rehabilitation, and travel to medical appointments.
Frequently asked questions
Who can make a claim following a fatal road accident in Scotland?
Under the Damages (Scotland) Act 2011, certain close relatives are entitled to claim. These include a spouse or civil partner, a cohabitant, children, parents and siblings. The precise categories and the level of damages available to each depend on the nature and closeness of the relationship with the person who has died.
Do we have to wait for the police investigation to finish before making a claim?
No. A civil claim can be pursued independently of any police inquiry or criminal proceedings. However, the findings of an investigation or a fatal accident inquiry can be useful evidence in support of a civil claim, and a solicitor can advise on the best timing in the circumstances of a particular case.
What if one of the drivers involved was uninsured?
Where the driver responsible for a collision was uninsured or cannot be identified, the Motor Insurers' Bureau operates schemes that may allow an injured person or bereaved relative to recover compensation. Specific rules apply and time limits must be observed, so legal advice should be sought promptly.
How long does a fatal accident claim in Scotland take to resolve?
The duration of a claim varies considerably. Some cases are resolved through negotiation with insurers without the need for court proceedings, while others may take longer if liability is disputed or if the full extent of financial loss takes time to establish. A solicitor can give a more accurate estimate once the circumstances are known.
Is there any pressure to make a decision quickly?
There is no obligation to act immediately. The three-year time limit under the Prescription and Limitation (Scotland) Act 1973 gives families time to consider their position. That said, seeking early advice helps to preserve evidence and ensures that the process is not rushed unnecessarily as the deadline approaches.
Based on reporting by BBC News, 13 September 2026. All rights in the original report remain with the publisher.