Based on reporting by The Press and Journal, 4 October 2026. All rights in the original report remain with the publisher.
What was reported
According to The Press and Journal, a driver from Kingseat crossed into the path of oncoming traffic on the B979 near Blackburn in Aberdeenshire, resulting in a head-on collision with another vehicle. The court was told that the driver responsible was subsequently convicted of careless driving and banned from the road.
As reported by The Press and Journal, the other motorist involved in the crash sustained broken bones as well as serious internal injuries, reportedly requiring the surgical removal of part of their intestine. The case was heard in court in October 2026, where the careless driving conviction and driving ban were recorded.
Incidents of this severity on rural B roads serve as a reminder of how quickly a moment of inattention behind the wheel can result in life-changing injuries for innocent road users.
Road traffic accident claims in Scotland
When someone is injured in a road traffic accident in Scotland through no fault of their own, they may be entitled to pursue a personal injury claim for compensation. In incidents of this kind, liability often rests with the driver whose actions caused the collision, and in practice it is usually that driver's motor insurer who meets any award of damages.
Where a driver has been convicted of a motoring offence arising from the same incident, that conviction can be significant evidence in any subsequent civil claim, though a civil case is assessed on its own facts and on the civil standard of proof, that is, the balance of probabilities. An injured party does not need to wait for criminal proceedings to conclude before beginning the process of seeking compensation, though it is often sensible to obtain legal advice on timing.
In Scotland, civil claims for personal injury are governed by Scots law and procedure, which differs in some respects from the law in England and Wales. It is therefore important that anyone injured in Scotland seeks advice from someone with specific knowledge of the Scottish system.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, an injured person generally has three years from the date of the accident to raise a court action for personal injury compensation. Missing this deadline can result in the claim being extinguished entirely, so it is important not to delay in seeking advice.
There are some exceptions to the three-year rule. Where the injured person was under the age of 16 at the time of the accident, the three-year period does not begin to run until their 16th birthday. Where a person lacks legal capacity due to a mental condition, the time limit may also be extended. Courts retain a discretion to allow late claims in certain circumstances, but this is not guaranteed and should not be relied upon.
In practice, starting the claims process as early as possible is strongly advisable. Evidence is fresher, witnesses are easier to trace, and medical records are more readily available in the period shortly after an incident.
What compensation can cover
A successful personal injury claim in Scotland can include several distinct heads of damage, depending on the circumstances of the case.
- Solatium: This is the element of compensation for pain, suffering and loss of amenity. For serious injuries such as broken bones and major internal injuries requiring surgery, solatium awards can be substantial, reflecting the significant impact on quality of life.
- Loss of earnings: Where an injury prevents someone from working, whether temporarily or permanently, past and future income lost as a result can be claimed. This includes self-employment income and any reduction in future earning capacity.
- Care and assistance: If a person requires help with day-to-day tasks, either from a professional carer or from a family member, the cost or reasonable value of that care can be included in a claim.
- Medical treatment and rehabilitation: Costs of physiotherapy, surgery, medication, prosthetics, or any other treatment directly related to the injuries can be recovered.
- Travel and related expenses: Reasonable travel costs to and from medical appointments, as well as other out-of-pocket expenses caused by the accident, can also be claimed.
It is worth noting that not all personal injury services are the same. Most Scottish firms deduct up to 20% of a client's final settlement as a success fee. At Scotland Claims, clients keep 100% of their compensation, with a 0% success fee, meaning every penny of any award goes to the person who was injured.
Frequently asked questions
Can I claim compensation if the other driver has been convicted of a motoring offence?
A criminal conviction for an offence arising from the same incident can support a civil compensation claim, as it may be used as evidence in civil proceedings. However, the civil claim is separate and is decided on its own merits. You do not need a conviction to succeed in a claim, but having one can strengthen your case considerably.
What if my injuries required surgery, such as the removal of part of an organ?
Injuries requiring major surgery are treated seriously by Scottish courts. Compensation for solatium in such cases reflects the severity of the procedure, the recovery period, any lasting effects on daily life, and any permanent changes to health or wellbeing. Associated costs of treatment and ongoing care can also be included in a claim.
Do I need to wait until criminal proceedings are finished before making a claim?
No. A civil personal injury claim can be pursued independently of any criminal prosecution. In practice, it is sensible to seek legal advice promptly, as the outcome of criminal proceedings may be relevant evidence. An adviser can help you decide on the best timing for your particular situation.
How long does a road accident claim in Scotland typically take?
Straightforward claims where liability is not disputed can often be resolved within several months. Where injuries are serious or long-term, it may be appropriate to wait until the medical picture is clearer before settling, which can extend the process. Complex cases involving disputed liability or significant financial losses may take longer still.
Will I lose part of my compensation in fees?
That depends on the service you use. Many Scottish personal injury firms deduct up to 20% of your final settlement as a success fee. Scotland Claims operates differently: clients keep 100% of their compensation, with a 0% success fee deducted. This can make a meaningful difference, particularly where awards are substantial.
Based on reporting by The Press and Journal, 4 October 2026. All rights in the original report remain with the publisher.