Based on reporting by BBC News, 18 September 2026. All rights in the original report remain with the publisher.
What was reported
According to BBC News, a woman in her early 70s was left in a life-threatening condition in hospital following a two-car collision on the A73 in South Lanarkshire. The crash took place at around 1:40pm on a Thursday afternoon at the junction with Sherifflats Road, close to the village of Thankerton, and involved two vehicles: a Honda CR-V and a Volkswagen Golf.
BBC News reports that the woman was travelling as a passenger in the Honda and was taken to the Queen Elizabeth University Hospital in Glasgow. The male driver of the same vehicle, also in his early 70s, was treated at hospital but was later discharged. The male driver of the Volkswagen, a man in his mid-30s, was treated at the scene and was subsequently arrested in connection with road traffic offences before being released pending further inquiries, according to the report.
Police Scotland confirmed that inquiries are ongoing to establish the full circumstances of the collision. Officers have appealed for any witnesses, or drivers who may have captured relevant dash-cam footage in the area at the time, to come forward and assist with the investigation, as reported by BBC News.
Road traffic accident claims in Scotland
When a person is injured as a passenger in a road traffic accident, they are generally in a strong position to pursue a compensation claim. Passengers are rarely considered to bear any responsibility for a collision, as they have no control over how either vehicle is driven. This means that, in incidents of this kind, liability often rests with one or more of the drivers involved, depending on what the evidence shows about how the accident occurred.
In Scotland, compensation claims arising from road traffic accidents are typically made against the at-fault driver's motor insurance policy. All drivers in the United Kingdom are legally required to hold a minimum level of third-party insurance. If it later emerges that a driver was uninsured, the Motor Insurers' Bureau (MIB) exists to compensate victims in such circumstances, so a valid claim is still possible.
Where criminal proceedings arise from the same incident, as appears to be the case here, a civil compensation claim can still proceed separately from any criminal process. The two are distinct legal matters, and an injured person does not need to wait for any criminal case to conclude before beginning a civil claim for damages.
Time limits
In Scotland, the general rule under the Prescription and Limitation (Scotland) Act 1973 is that an injured person has three years from the date of the accident to raise a court action for personal injury compensation. Missing this deadline will almost always result in the right to claim being permanently lost.
There are some important exceptions worth noting. Where a person's injuries are so severe that they lack the legal capacity to manage their own affairs, the three-year period may be paused. In the case of a person who was a child at the time of an accident, the three-year period typically begins from their 16th birthday. In cases involving fatal accidents, the three-year period generally runs from the date of death or from the date a post-mortem confirms the cause of death.
Even though three years may sound like a considerable period, gathering medical evidence, witness statements, and other supporting documentation takes time. It is advisable to begin the process as early as possible after the incident.
What compensation can cover
A successful personal injury claim in Scotland can cover a range of losses, both financial and personal. The main categories are outlined below.
- Solatium: This is compensation for pain, suffering, and loss of enjoyment of life caused by the injuries themselves. The more severe and long-lasting the injury, the higher this award is likely to be.
- Loss of earnings: If injuries prevent a person from working, either temporarily or permanently, compensation can be sought for past and future income lost as a result.
- Care and assistance: Where an injured person requires help at home from family members or professional carers, the reasonable cost of that care can be included in a claim.
- Medical treatment and rehabilitation: The cost of physiotherapy, specialist consultations, or other necessary treatment can be recovered where it is reasonable to have incurred those expenses.
- Travel expenses: The cost of travelling to medical appointments, or any other travel costs directly caused by the injury, can form part of a claim.
- Future losses: Where injuries are life-changing or permanent, a claim can also account for projected future financial losses and ongoing care needs.
It is worth noting that how a claim is funded can affect how much of any settlement a claimant ultimately receives. Many Scottish personal injury firms deduct a success fee of up to 20% from the compensation awarded. At Scotland Claims, clients keep 100% of their compensation, with a 0% success fee, meaning nothing is taken from the money awarded to them.
Frequently asked questions
Can a passenger claim compensation after a road traffic accident in Scotland?
Yes. Passengers are almost never considered responsible for a collision and are generally well placed to make a compensation claim. A claim would typically be made against the insurer of the driver found to be at fault, and in some cases against more than one driver's insurer if both are found to share responsibility for the accident.
Does a criminal investigation or arrest affect a civil compensation claim?
No. A civil personal injury claim is entirely separate from any criminal proceedings. An injured person does not need to wait for police inquiries or criminal court proceedings to conclude before beginning a civil claim. The two processes run independently of one another under Scots law.
How long does a road traffic accident claim take in Scotland?
Timescales vary depending on the complexity of the case and the severity of the injuries. Straightforward claims where liability is not disputed may resolve within months. Cases involving serious or life-changing injuries, or where fault is contested, can take considerably longer, sometimes several years, as the full extent of losses must be properly assessed.
What if the injured person cannot manage their own affairs due to their injuries?
Where injuries are so serious that a person lacks legal capacity, a family member or other appointed individual may be able to act on their behalf in pursuing a claim. In such situations, the three-year time limit under the Prescription and Limitation (Scotland) Act 1973 may be paused until the person recovers capacity, though legal advice should be sought promptly.
Will I have to go to court to receive compensation?
The majority of personal injury claims in Scotland are settled out of court through negotiation between legal representatives and the relevant insurance company. Court action is typically only necessary when the parties cannot reach an agreement on liability or the value of the claim. Even where proceedings are raised, many cases still settle before a final hearing takes place.
Based on reporting by BBC News, 18 September 2026. All rights in the original report remain with the publisher.