Based on reporting by Glasgow Times, 24 September 2026. All rights in the original report remain with the publisher.
What was reported
According to the Glasgow Times, a serious collision occurred on the M74 motorway near junction 9 in Lanarkshire in late February last year. A man in his 50s, described as a roads worker, is reported to have moved his flatbed van from the hard shoulder across a live lane of the motorway, reportedly in an attempt to perform a U-turn. A car travelling in that lane was unable to avoid the van, resulting in a head-on collision that caused significant damage to both vehicles.
As reported by the Glasgow Times, a woman in her late 20s who was driving the car suffered a broken knee requiring surgery, while a female passenger sustained a minor spinal fracture. Hamilton Sheriff Court heard that the roads worker had been drinking at the time and had two previous drink-driving convictions on his record. He admitted causing serious injury by driving dangerously while under the influence of alcohol.
The Glasgow Times reports that the sheriff ordered the man to pay compensation to the injured driver, carry out unpaid work, and imposed a lengthy driving ban. An alternative to custody was chosen following the consideration of background reports.
Road traffic accident claims in Scotland
A criminal court outcome, such as the one reported above, is entirely separate from a civil compensation claim. A person injured in a road traffic accident in Scotland has the right to pursue a civil claim for damages regardless of whether a criminal prosecution has taken place or resulted in a conviction. In fact, a guilty plea or conviction in criminal proceedings can be useful supporting evidence in a related civil claim.
In incidents of this kind, liability often rests with the driver whose actions directly caused the collision. Where that driver was insured, a claim is typically made against their motor insurer. In Scotland, all drivers are legally required to hold at least third-party motor insurance, meaning that injured parties usually have a route to compensation even where the at-fault driver has limited personal means. If the driver was uninsured or the vehicle was not identified, the Motor Insurers' Bureau (MIB) exists as a safety net for victims of uninsured and untraced drivers.
Claims arising from road traffic accidents in Scotland are governed by Scots law and follow the ordinary principles of delict, which requires the injured person to demonstrate that another party's breach of duty caused their injuries and resulting losses. Claims are typically handled through negotiation with the insurer, though court proceedings can be raised if a fair settlement is not offered.
Time limits
In Scotland, the general rule under the Prescription and Limitation (Scotland) Act 1973 is that a personal injury claim must be brought within three years of the date of the accident, or within three years of the date on which the injured person became aware that they had a significant injury attributable to the incident. Missing this deadline will ordinarily result in the claim being time-barred, so it is important to seek legal advice promptly.
There are limited exceptions to the three-year rule. Where the injured person was a child 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 limitation period may be paused. Courts in Scotland also retain a discretionary power to allow a claim to proceed outside the three-year window in certain circumstances, though this is not guaranteed and should never be relied upon.
What compensation can cover
A successful road traffic accident claim in Scotland can include several heads of damages. These typically include:
- Solatium: a sum awarded for pain, suffering, and loss of amenity arising from the physical injuries themselves. In cases involving a broken knee requiring surgery, or a spinal fracture, solatium awards can be substantial.
- Loss of earnings: where the injuries prevented the claimant from working, either temporarily or on a longer-term basis, lost income can be recovered.
- Future loss of earnings: if the injury has an ongoing impact on earning capacity, this can be factored into the claim.
- Cost of care: where the injured person required help with day-to-day tasks during recovery, those costs can form part of the claim, whether the care was paid for or provided by a family member.
- Medical and rehabilitation expenses: the cost of private treatment, physiotherapy, or psychological support can be claimed.
- Travel expenses: journeys to and from medical appointments are a recoverable head of loss.
It is worth noting that at Scotland Claims, clients retain 100% of any compensation awarded. Unlike many Scottish personal injury firms, which deduct up to 20% of a settlement as a success fee, a 0% success fee model means the full amount of any award goes directly to the injured person.
Frequently asked questions
Can I still claim compensation if the driver was convicted in a criminal court?
Yes. A civil compensation claim is entirely separate from criminal proceedings. A conviction or guilty plea can actually support a civil claim by helping to establish that the other driver was at fault, but you do not need to wait for or rely on a criminal outcome to pursue your own damages claim.
What if the at-fault driver cannot afford to pay compensation?
In most road traffic cases, a claim is made against the driver's motor insurer rather than the individual directly. Insurers are legally obliged to meet valid third-party claims. If the driver was uninsured, the Motor Insurers' Bureau may be able to compensate you instead.
How long does a road accident compensation claim take in Scotland?
The timeframe varies depending on the complexity of the injuries and whether liability is disputed. Straightforward claims can sometimes settle within months, while cases involving serious injuries, multiple parties, or ongoing medical treatment may take considerably longer to resolve fully and fairly.
What evidence should I gather after a road traffic accident?
Useful evidence includes photographs of the vehicles and scene, a copy of the police report, witness contact details, medical records and treatment notes, records of any expenses incurred, and any dashcam footage that may be available. The sooner evidence is preserved, the stronger a claim is likely to be.
Does it matter that the crash involved drink-driving?
The fact that a driver was under the influence of alcohol at the time of a crash can be relevant to establishing fault in a civil claim. In general terms, evidence of impairment supports the argument that the driver fell below the standard of a reasonably careful motorist, which is the test applied in Scots law when determining liability in road accident cases.
Based on reporting by Glasgow Times, 24 September 2026. All rights in the original report remain with the publisher.