Based on reporting by Daily Record, 19 September 2026. All rights in the original report remain with the publisher.
What was reported
According to the Daily Record, a woman in her late 70s died after being struck by a car close to the Gallagher Retail Park in Dundee on the morning of Friday 19 September 2026. The collision, which is reported to have involved a silver hatchback, took place on East Dock Street at around 10.45am. Emergency crews attended in significant numbers, with the Scottish Ambulance Service reportedly dispatching two ambulances alongside a special operations team and a critical care team.
As reported by the Daily Record, the woman was pronounced dead at the scene. The driver of the vehicle involved was not injured. Police Scotland closed East Dock Street for approximately six hours while enquiries were carried out, with the road reopening in the late afternoon.
Police Scotland has appealed for witnesses and for anyone with dash-cam footage to come forward, according to the Daily Record. Enquiries into the circumstances of the collision are described as ongoing.
Road traffic accident claims in Scotland
When a pedestrian is fatally injured in a road traffic collision, the question of legal liability is a matter for civil law, quite separate from any police investigation or criminal proceedings. In incidents of this kind, liability often rests with the driver or drivers involved, though the precise circumstances must be established before any civil claim can progress.
In Scotland, every vehicle used on a public road must be covered by a minimum level of third-party motor insurance. Where a driver is found to have been responsible for a fatal collision, their insurer is the body against which a compensation claim is typically pursued. If a driver was uninsured or has left the scene without being traced, the Motor Insurers Bureau may be able to meet a claim in their place.
It is important to note that a compensation claim is entirely separate from any criminal investigation. Families do not need to wait for criminal proceedings to conclude before taking legal advice, though the outcome of any prosecution may be relevant evidence in a civil case.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, relatives wishing to pursue a civil compensation claim following a fatal accident in Scotland generally have three years in which to do so. In cases involving a death, this three-year period ordinarily runs from the date on which the person died.
While three years may seem a considerable period, gathering medical evidence, witness statements and other documentation takes time. It is sensible for families to seek legal advice well before any deadline approaches, rather than under time pressure. There is no obligation to act immediately, and families should be allowed space to grieve before turning to legal matters.
What compensation can cover
In Scotland, claims following a fatal accident are governed primarily by the Damages (Scotland) Act 2011. The Act sets out who is entitled to seek compensation and what heads of loss may be claimed. Close relatives, which can include a spouse or civil partner, children, parents and siblings, may be entitled to the following:
- Loss of society - this recognises the grief, distress and loss of the deceased's companionship that family members experience. It is the principal award in most Scottish fatal accident claims.
- Loss of support - where the deceased provided financial support to a family member, compensation can reflect what those dependants have lost and may continue to lose in the future.
- Funeral costs - reasonable funeral and related expenses can be recovered as part of a claim.
- Services previously provided by the deceased - if the deceased carried out practical tasks such as childcare or household work, the cost of replacing those services may be recoverable.
The amounts awarded under each of these headings vary considerably depending on the nature of the relationship, the age of those involved and the particular circumstances of each case. Awards are not designed to place a monetary value on a life, but to provide a measure of recognition and practical support for those left behind.
In Scotland, legal fees in personal injury and fatal accident claims are typically met by the other party's insurer when a claim succeeds, and fees are not deducted from the compensation received by the family.
Frequently asked questions
Can family members claim compensation even if criminal charges have not been brought?
Yes. A civil compensation claim and a criminal prosecution are entirely separate legal processes. The standard of proof required in civil cases is lower than in criminal proceedings. Families can pursue a compensation claim regardless of whether the driver faces, or has faced, any criminal charge.
Who is entitled to make a claim following a fatal road accident in Scotland?
Under the Damages (Scotland) Act 2011, a defined category of close relatives can bring a claim. This includes spouses, civil partners, children, parents and siblings of the deceased. Each qualifying relative may be entitled to their own award, reflecting their individual loss.
How long does a fatal accident compensation claim take in Scotland?
The timescale varies. Straightforward cases where liability is accepted by the insurer may conclude within a year or two. More complex cases, particularly where liability is disputed or losses are difficult to calculate, can take longer. An experienced solicitor will be able to give a realistic indication once the facts are known.
What if the driver was uninsured or cannot be traced?
In Scotland, claims arising from collisions involving uninsured or untraced drivers can be made to the Motor Insurers Bureau, a body established specifically to compensate victims in such circumstances. Strict procedural rules apply, so legal advice should be sought promptly.
Does making a claim affect any other benefits the family may receive?
Certain state benefits received following a death may need to be repaid from a compensation award under a process known as recoupment. A solicitor will account for this when negotiating a settlement, and the overall package is assessed to ensure the family's position is properly protected.
Based on reporting by Daily Record, 19 September 2026. All rights in the original report remain with the publisher.