Letter of Claim in Scotland: What It Is and What to Send
If you have been injured through someone else’s fault in Scotland, the “letter of claim” is the formal notice that starts your claim. In Scottish personal injury cases it is called a Claim Form under the pre-action protocol. It tells the other side (the defender) what happened, why you say they are responsible, what injuries you suffered and what you have lost. It is normally sent to the defender’s insurer or solicitor, and it starts a clock: 21 days to acknowledge it and up to three months to investigate and answer.
This guide explains what goes in it, who should receive it, when to send it and what to expect afterwards.
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- In Scotland the personal injury “letter of claim” is the Claim Form under the compulsory pre-action protocol, sent before court action is raised.
- It covers claims valued at £25,000 or less, for incidents on or after 28 November 2016, excluding disease claims.
- The defender has 21 days to acknowledge it and a maximum of three months to investigate and say whether liability is admitted or denied.
- Sending it does not stop the three-year time limit running, so do not wait.
- Simple procedure claim forms and debt letters are different things, and neither is used for a typical injury claim.
Table of Contents
What a letter of claim means in Scotland
The phrase “letter of claim” comes mainly from English practice. LexisNexis describes it as a formal written notice and the first step in the litigation process, signalling an intention to start legal proceedings if the matter is not resolved.
North of the border the document has a different name and a set form. The Scottish Personal Injury Pre-Action Protocol, introduced by the Act of Sederunt (Sheriff Court Rules Amendment) (Personal Injury Pre-Action Protocol) 2016, calls the initial document a Claim Form. It should summarise the facts, the allegations of negligence or breach of duty, the injuries and the financial loss. The protocol sits in Appendix 4 of the Ordinary Cause Rules and Appendix 1B of the Summary Cause Rules.
So if a friend, an insurer or a website tells you that you need to “send a letter of claim”, in a Scottish injury case they mean the protocol Claim Form. Scottish terms also differ: you are the pursuer, the person or organisation you claim against is the defender.
Does the protocol apply to your claim?
The protocol is compulsory, but only for claims within its scope. According to the Brodies insurance guide for Scotland, it applies to personal injury actions where the total liability is £25,000 or less and the incident happened on or after 28 November 2016. The same guide notes that disease claims are excluded. The value limit is stated in the legislation as £25,000 or less, excluding interest and expenses.
A quick way to think about it:
| Situation |
Protocol Claim Form route? |
| Road accident, injury valued at £25,000 or less |
Yes |
| Slip, trip or fall in a shop or public place, £25,000 or less |
Yes |
| Accident at work, £25,000 or less |
Yes |
| Injury valued above £25,000 |
Not under this protocol, but a formal notice and negotiation still normally come first |
| Disease claims |
Excluded from the protocol |
| Accident before 28 November 2016 |
Outside the protocol |
Valuation is where people get stuck. You cannot always know a claim’s value before medical evidence is in. Our guide to the £25,000 rule and whether the protocol applies walks through how that works in practice.
When to send it, and who should receive it
The protocol says the Claim Form should be sent as soon as there is enough information to substantiate the claim. You do not need every report in hand. You do need a clear account of events and a reasonable basis for blaming the defender.
Sending it before proceedings is the rule. The exception is when time is running out: where a time-bar means protective court proceedings have to be raised, the protocol allows for that. Under the Prescription and Limitation (Scotland) Act 1984 a personal injury action must generally be started within three years of the date of injury or, if later, the date you knew or could reasonably have known the relevant facts. Nothing you write in a letter pauses that period. Our pages on the personal injury claim time limit in Scotland cover the exceptions in more detail.
Address it to the defender, or to the solicitor, insurer or other representative handling the matter. The protocol prefers email to an address the other side has supplied. Where that is not possible, use next-day recorded post so you can prove delivery.
In practice:
- Road accident: the other driver’s insurer, using the details exchanged at the scene or found through the insurer database.
- Accident at work: your employer, usually passed straight to their employers’ liability insurer.
- Slip or trip: the occupier or owner of the premises, or the council for a public pavement, again usually handled by an insurer.
Keep a copy of what you sent, the date, the method and any delivery receipt. Those records matter if there is later argument about whether a deadline was met.
The legislation sets out what the protocol Claim Form is meant to cover. Based on the 2016 Act of Sederunt, it should:
- Identify the claimant (pursuer) and the defender.
- Give a clear summary of the facts: where, when and how the accident happened.
- Set out the allegations of negligence or breach of a common-law or statutory duty.
- Indicate the injuries suffered.
- Indicate the financial loss, such as lost earnings, travel costs or care provided by family.
The Brodies guide adds that the protocol expects full and detailed letters of claim and that prescribed forms exist for the purpose. A vague note saying “I was hurt, please pay” does not meet that standard and gives the insurer a reason to ask for more time.
A practical checklist
Before a Claim Form goes out, gather:
- Date, time and exact location of the accident.
- A plain account of what happened, in the order it happened.
- Names and contact details of witnesses.
- Photographs of the scene, the hazard or vehicle damage.
- Any accident book entry, incident report or police reference.
- Details of treatment: GP, hospital, physiotherapy.
- Payslips and a note of time off work.
- Receipts for out-of-pocket costs.
For a hazard on someone else’s premises, our evidence checklist for public liability claims shows what tends to carry weight.
Mistakes that cause trouble
- Admitting fault by accident. Do not write that you “should have been watching” or that the accident was “partly my fault” unless you have taken advice. Contributory negligence is a legal argument, not a casual remark.
- Guessing at value. Overstating or understating the claim before medical evidence is in can cause problems later.
- Posting it ordinary mail. If there is a dispute over receipt, you will have nothing to show.
- Talking to the insurer directly after sending it. Insurers’ handlers are polite, but their job is to limit the payout.
The protocol sets a fixed rhythm, summarised in the official rules:
| Stage |
Deadline |
| Defender acknowledges the Claim Form |
21 days |
| Investigation and response |
Maximum three months |
| After response |
Defender states whether liability is admitted or denied, with reasons for any denial |
| Medical reports after an admission |
Normally instructed promptly and disclosed within five weeks of receipt |
The three months are the outer limit, not a target. A straightforward road accident can be admitted much sooner.
If liability is admitted
Per the Brodies guide, the pursuer then moves to medical reports and valuation. The Law Society of Scotland journal has noted that the protocol benefits both sides by making sure admissions are unequivocal and binding, while still letting defenders ask for necessary extra information. That binding quality is valuable: once liability is admitted, the argument shifts from “who is to blame” to “what is the injury worth”.
If liability is denied
The defender must give reasons and disclose the documents they rely on. That is useful in itself: you see their case, for example a maintenance record or an accident investigation report, before any court action. A denial is not the end of a claim. It often leads to a negotiation or, if the evidence supports it, court proceedings.
If the defender goes quiet or misses a step
The protocol has teeth. Under Ordinary Cause Rule 3A.3, a sheriff may sist the action, award or modify expenses, or make an order about interest where a party fails without just cause to comply. In a 2023 Edinburgh sheriff court judgment, Carty against Churchill Insurance, the sheriff described the protocol timetable as a key element of the procedure with the effect of a court order, and said practitioners’ obligations are not diluted by stress or internal pressures at a firm. A missed deadline by a defender is therefore something your solicitor can use.
Does sending it mean going to court?
No. The letter is an attempt to avoid court. The Brodies guide says the court will normally expect the protocol to be followed before proceedings begin, and that after a pursuer rejects an offer there is a 14-day wait before raising an action.
The protocol lists the situations where court action can go ahead anyway. These include the stages ending without settlement, a stage being missed, liability being refused or non-binding, contributory negligence being disputed, damages and expenses remaining unpaid five weeks after settlement, or time-bar proceedings being necessary.
Most claims settle without a hearing. Our step-by-step guide to the personal injury claims process in Scotland lays out the whole path, and the guide to Scottish personal injury litigation explains what happens if court action is needed.
The search results for this topic are full of money-claim guidance, which can mislead. Two things are easily confused with an injury Claim Form:
- A debt “letter before action”. This is a demand for an unpaid sum, sent before suing. It is not governed by the injury protocol.
- A simple procedure claim form. Under the Act of Sederunt (Simple Procedure) 2016, the claimant fills in a court form, sends it to the sheriff court for registration, and the court serves it on the respondent. Simple procedure generally cannot be used for claims over £5,000, and the Brodies guide notes it is for non-personal-injury claims.
If you were hurt in an accident, the protocol Claim Form is the route, not a small claims style form.
Our perspective
People often ask us whether they should write the letter themselves to save time. Our view is that you can, but the first document is the one the whole case is measured against. It fixes the version of events, and the insurer’s handler will read it looking for gaps, for any phrase that suggests shared blame and for an overstated value. A strong Claim Form is specific, consistent with the medical and work records, and sent early.
We see three patterns. First, claimants wait until they are “better” before acting, and evidence like CCTV or witness memories fades. Second, they send a few lines of text and assume a phone call will fill the rest. Third, they accept an early offer from an insurer without knowing what future loss may follow.
On cost, we are open about it. Many firms deduct 20% including VAT from the claimant’s compensation. We charge 15% plus VAT, and a claim assessment is free. We would rather you understood that before signing anything with anyone.
— Roger
If you would rather not draft it yourself, we can put you in touch with specialist injury solicitors who prepare the Claim Form, handle the insurer and work on a No Win No Fee basis. Our services are regulated by the Law Society of Scotland, assessments are free, and you can request a 24-hour callback. Choose the page that fits your accident:
For a simple comparison of fee levels, take an illustrative £10,000 settlement. A 20% fee including VAT takes £2,000. A 15% fee plus VAT is £1,500 plus £300 VAT, so £1,800. The figures are an example, not a prediction of your payout.
FAQ
What is a letter of claim called in Scotland?
In a Scottish personal injury case it is the Claim Form under the Personal Injury Pre-Action Protocol. People still say “letter of claim” or “letter before action” in everyday speech. The content is what matters: facts, allegations of fault, injuries and losses.
How long does the other side have to reply?
They have 21 days to acknowledge the Claim Form and up to three months from then to investigate and say whether they admit or deny liability. A denial must come with reasons. If they miss a deadline without good reason, a sheriff can later take that into account when deciding expenses.
Do I have to send one before going to court?
For claims within the protocol, the court normally expects it to be followed first. The exceptions include a time-bar where protective proceedings must be raised. Because the three-year limit still runs while you correspond, speak to a solicitor early if you are close to it.
Can I send a letter of claim without a solicitor?
There is nothing to stop you, but the content is technical and the insurer will test every line. A solicitor will also arrange medical evidence and value your claim. If you are unsure, a free assessment costs nothing and does not commit you.
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