Based on reporting by STV News, 5 September 2026. All rights in the original report remain with the publisher.
What was reported
According to STV News, emergency services were called to West Main Street in Armadale, West Lothian, at around 3.40pm on Thursday 3 September 2026, following a collision between a car and a pedestrian. The pedestrian was a girl aged 12.
As reported by STV News, the girl was taken to hospital for treatment and was later discharged. Police Scotland has confirmed that enquiries are ongoing to establish the full circumstances of the incident.
A police constable was quoted by STV News as appealing for witnesses and for anyone with dash-cam footage to come forward by calling 101 and quoting reference 1980 of 3 September.
Road traffic accident claims in Scotland
When a child pedestrian is injured in a road traffic collision, a personal injury claim may be pursued through the civil courts in Scotland, entirely separately from any police investigation. A criminal inquiry and a civil compensation claim are distinct processes, and the outcome of one does not determine the other.
In incidents of this kind, liability often rests with the driver whose vehicle was involved, and claims are generally pursued against that driver's motor insurance policy. Because a child under 16 cannot raise a legal action in their own name in Scotland, a parent or guardian typically acts as a litigation friend on the child's behalf throughout the claims process.
Where a driver is untraced or uninsured, claims can be made to the Motor Insurers' Bureau (MIB), which exists specifically to compensate victims in those circumstances. Claimants in Scotland should ensure they work with advisers who understand Scots law and the Court of Session and sheriff court procedures that apply here.
Time limits
In Scotland, personal injury claims are governed by the Prescription and Limitation (Scotland) Act 1973, which sets a general time limit of three years from the date of the accident in which to raise court proceedings.
However, where the injured person is a child, this three-year period does not begin to run until the child reaches the age of 16. That means a young person injured before their 16th birthday has until their 19th birthday to bring a claim. In the case of a 12-year-old, this provides several years within which to act, but it is still advisable to gather evidence and seek advice as early as possible, while witness recollections and dash-cam or CCTV footage are more readily available.
Parents and guardians should also be aware that a claim can be made on behalf of the child before they turn 16, which may be beneficial where expenses such as medical treatment or travel have already been incurred by the family.
What compensation can cover
A successful personal injury claim in Scotland can cover a range of losses and impacts, including the following.
- Solatium: This is compensation for pain, suffering and loss of amenity. The amount depends on the nature and severity of the injuries, how long recovery takes, and any lasting effects.
- Loss of earnings: Where a parent or carer had to take unpaid time off work to care for the injured child, those lost earnings can form part of the claim.
- Care and assistance: If the child required additional care at home during recovery, a reasonable value can be placed on that care even if it was provided informally by family members.
- Medical treatment and rehabilitation: The cost of physiotherapy, specialist consultations or any private treatment reasonably required can be recovered.
- Travel expenses: Hospital and clinic appointments often involve significant travel costs, and these are recoverable as a head of claim.
- Future losses: Where injuries are serious and long-lasting, future care needs or impacts on future earnings can also be assessed and included.
Compensation awards in Scotland are assessed according to Scots law and the Judicial College Guidelines relevant to Scottish courts. It is important to have injuries properly documented by medical professionals from the outset, as records form the foundation of any valuation.
One important point for families considering a claim is the question of legal fees. Many Scottish personal injury firms deduct up to 20% of the final compensation award as a success fee. Scotland Claims charges a 0% success fee, meaning clients keep 100% of the compensation they are awarded. This can make a meaningful financial difference, particularly where an award represents a child's damages.
Frequently asked questions
Can a parent make a claim on behalf of their injured child?
Yes. In Scotland, a child under 16 cannot raise a court action in their own name. A parent or guardian acts as a litigation friend and conducts the claim on the child's behalf. Any settlement reached for a child under 16 must be approved by the court to ensure it properly reflects the child's interests.
What happens if the driver involved is uninsured or cannot be identified?
In those circumstances, a claim can be made to the Motor Insurers' Bureau. The MIB operates schemes covering both uninsured drivers and hit-and-run incidents where the responsible vehicle cannot be traced. Specific procedural requirements apply, so early advice is recommended.
Does the police investigation need to conclude before a compensation claim can start?
No. A civil compensation claim is entirely separate from any criminal or police inquiry. You do not need to wait for the outcome of a police investigation before taking steps to pursue a personal injury claim, though information gathered during that process may ultimately be relevant.
How long does a road traffic accident claim in Scotland typically take?
Straightforward claims where liability is not contested can sometimes settle within months. More complex cases, particularly those involving ongoing injuries or disputed liability, may take longer. Where a child is involved, the court approval process for any settlement also adds a stage to the timeline.
What evidence should a family gather after a pedestrian accident involving a child?
Families should keep records of all medical appointments and treatment, retain any receipts for expenses incurred, note the names of any witnesses, and ask about CCTV or dash-cam footage in the area as early as possible. Photographs of the scene and any visible injuries can also support the claim at a later stage.
Based on reporting by STV News, 5 September 2026. All rights in the original report remain with the publisher.