Based on reporting by The Scotsman, 5 September 2026. All rights in the original report remain with the publisher.
What was reported
According to The Scotsman, police have launched an appeal for witnesses following an incident in which a girl aged around 12 was struck by a car in the vicinity of a school. The girl was taken to hospital after the collision, the publication reported.
As reported by The Scotsman, officers are understood to be gathering information about the circumstances of the incident and have asked anyone with relevant information to come forward. No further details about the location or the condition of the girl were provided at the time of publication.
Road traffic accident claims in Scotland
When a child pedestrian is injured in a road traffic collision in Scotland, a personal injury claim may be pursued through the Scottish civil courts or settled out of court via insurers. Claims of this nature are governed by Scots law, which operates separately from the legal systems in England and Wales.
In incidents of this kind, liability often rests with the driver of the vehicle involved, if it can be demonstrated that the standard of driving fell below what a reasonable person would expect. Proximity to a school is a relevant factor that courts and insurers will take into account when considering whether appropriate care was exercised. However, each case turns on its own facts, and no assumption of fault should be drawn from a report alone.
Because the injured party in this instance is a child, any claim would typically be brought by a parent or guardian acting as legal representative. A court-appointed curator ad litem may also be involved where significant compensation is in question, to ensure the child's interests are properly protected. Settlements involving children in Scotland generally require judicial approval.
Where a driver is untraced or uninsured, a claim can still be pursued through the Motor Insurers' Bureau, which exists specifically to compensate victims in such circumstances. This means an injured pedestrian is not left without recourse simply because a driver cannot be identified or does not hold valid insurance.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, an injured person ordinarily has three years from the date of an accident to raise a court action for personal injury compensation. However, where the injured person is a child, the three-year period does not begin to run until the child reaches the age of 16. This means a child injured at age 12 would, in principle, have until their 19th birthday to bring a claim, giving families meaningful time to consider their options without feeling rushed.
It is nonetheless advisable not to delay unnecessarily. Evidence such as dashcam footage, CCTV recordings and witness recollections can deteriorate or become unavailable over time. Taking early steps to preserve evidence and obtain professional advice is always in a claimant's interest, regardless of the extended time limit that applies to children.
What compensation can cover
In a successful road traffic accident claim in Scotland, compensation is typically made up of two broad elements. The first is solatium, which is the award made for pain, suffering and loss of amenity. The amount depends on the nature and severity of the injuries, their expected duration, and the impact on the child's quality of life and ability to participate in normal activities.
The second element covers financial losses and expenses, which may include the following:
- The cost of medical treatment, physiotherapy or psychological support related to the injuries
- Travel expenses incurred by the family attending hospital or clinic appointments
- Any care provided by family members over and above what would ordinarily be expected
- Loss of earnings for a parent or guardian who has had to take time away from work to care for the child
- Future losses, including any impact on the child's long-term earning capacity if injuries are serious
Claims are assessed on an individual basis, and compensation is intended to restore the claimant to the financial position they would have been in had the accident not occurred, so far as money is able to do so.
It is worth noting that some Scottish personal injury firms deduct up to 20% of a client's compensation as a success fee. At Scotland Claims, clients keep 100% of their compensation, with a 0% success fee, meaning the full award goes to the person who needs it most.
Frequently asked questions
Can a parent make a claim on behalf of an injured child in Scotland?
Yes. In Scotland, a parent or guardian can act as legal representative and bring a personal injury claim on behalf of a child who is too young to do so themselves. Any settlement of significant value will generally require the approval of a Scottish court to ensure the child's best interests are protected.
What is the time limit for a child's personal injury claim in Scotland?
Under the Prescription and Limitation (Scotland) Act 1973, the three-year limitation period does not begin until the child turns 16. A child injured at age 12 would therefore have until their 19th birthday to raise a court action, though acting promptly to preserve evidence is strongly advisable.
What if the driver involved is uninsured or cannot be identified?
Claims can still be made through the Motor Insurers' Bureau, a body established to compensate pedestrians and other road users injured by uninsured or untraced drivers. This ensures that a lack of insurance or an unidentified driver does not prevent an injured person from receiving compensation.
What types of compensation might a child pedestrian receive?
Compensation in Scotland can cover solatium for pain and suffering, medical and rehabilitation costs, travel to appointments, care provided by family members, and in serious cases, future loss of earnings. Each element is assessed on the specific facts and the medical evidence available.
Will a personal injury claim affect any criminal proceedings?
A civil personal injury claim and any criminal proceedings against a driver are separate matters in Scotland. A claim for compensation can proceed regardless of whether criminal charges are brought, and the outcome of one process does not automatically determine the other.
Based on reporting by The Scotsman, 5 September 2026. All rights in the original report remain with the publisher.