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Can I claim compensation if I was hit by a car as a pedestrian in Scotland?

Yes. Under Scots Law, drivers owe a strict duty of care to pedestrians as vulnerable road users. If a driver hit you due to speeding, distraction, failing to yield at a pedestrian crossing, or mounting the pavement, you are legally entitled to claim compensation for your injuries, medical costs, and financial losses.

In Scotland, under the Prescription and Limitation (Scotland) Act 1973, you generally have 3 years from the date of the accident to initiate a court claim.

  • Children: The 3-year clock does not start until the child turns 16 (giving them until their 19th birthday to claim).
  • Mental Capacity: If the injured person lacks legal capacity, the time limit may be paused.

Yes. Unlike some legal systems, Scotland allows claims under the principle of Contributory Negligence. Even if you stepped onto the road without looking properly or crossed away from a designated pedestrian crossing, you can still recover compensation. However, your total payout will be reduced proportionately to your level of responsibility for the accident.

There is no fixed payout amount because every claim depends on individual circumstances. Compensation is split into two main areas:

  • Solicitor’s/General Damages: Covers the severity of your physical and psychological pain and suffering.
  • Special Damages: Reimburses financial losses, including lost wages, private medical treatment, ongoing care costs, and damaged clothing or personal belongings.

If the driver who struck you fled the scene or did not have valid insurance, you can still claim compensation through the Motor Insurers’ Bureau (MIB). It is critical to report any hit-and-run incident to Police Scotland immediately (ideally within 14 days) to support an MIB claim.

To build a strong legal case, our legal team gathers key evidence, including:

  • Police reports and incident numbers.
  • CCTV footage, dashcam footage, or nearby doorbell camera recordings.
  • Statements and contact details from independent witnesses.
  • Photographs of the accident location, road conditions, and visible injuries.
  • Detailed medical reports from doctors or hospital treatment notes.

No. Jaywalking is not a criminal offense under Scottish law. Pedestrians have a recognized right to use and cross public roads. Drivers are legally expected to anticipate pedestrian movements and drive safely for the surrounding conditions.

  1. Seek Emergency Medical Help: Call an ambulance or visit A&E immediately. Your health is the main priority, and official medical records are vital proof.
  2. Report to Police Scotland: Get an official incident reference number.
  3. Exchange Information: Obtain the driver’s name, phone number, vehicle registration number, and insurance provider.
  4. Preserve Evidence: Keep damaged items (clothes, broken phone, glasses) and save all receipts for out-of-pocket expenses.
  5. Contact a Personal Injury Solicitor: Seek legal advice before accepting any direct settlement offers from the driver’s insurance company.

Yes. If the injured pedestrian is a child under the age of 16, a parent or legal guardian can file a claim on their behalf. Similarly, if an adult family member lacks the mental capacity to handle legal matters due to severe injuries, a representative can act on their behalf.

The duration of a claim depends on complexity and recovery times. Straightforward cases where the driver admits fault quickly can settle within a few months. However, severe injury cases involving long-term rehabilitation, disputed liability, or complex medical reports may take longer to ensure you receive full and fair compensation for future needs.