Best Car Accident Lawyers in Aberdeen

About Car Accident Law in Aberdeen, United Kingdom

Car accident law in Aberdeen is part of the Scottish legal system, which is distinct from the law in England and Wales. Claims for injury and loss following a road traffic collision are generally brought under the Scottish law of delict, which is similar to negligence. To succeed, an injured person must show that another party owed them a duty of care, breached that duty by driving without reasonable care, and caused injury and financial loss.

Most road users are covered by compulsory motor insurance. Where the at-fault driver is uninsured or unidentified, the Motor Insurers Bureau can often step in so that victims are not left without a route to compensation. Many claims resolve without a court hearing, but the Sheriff Court in Aberdeen and the All-Scotland Sheriff Personal Injury Court in Edinburgh regularly deal with car accident cases when litigation is needed.

Compensation in Scotland aims to restore you, so far as money can, to the position you would have been in if the accident had not occurred. Awards typically include solatium for pain and suffering, past and future loss of earnings, treatment and travel costs, and certain household services provided to or by the injured person.

Why You May Need a Lawyer

Liability disputes are common. A solicitor can gather and present evidence such as dashcam footage, collision reports, expert reconstruction, and witness statements, and can apply Scottish negligence and contributory negligence principles to your circumstances.

Insurers sometimes make early settlement offers that under-value injuries and future loss. A lawyer can assess medical evidence, obtain independent medical reports, and use comparable Scottish case law and guideline valuations to negotiate for a fair outcome.

Uninsured or hit-and-run cases require strict compliance with Motor Insurers Bureau rules and time limits. A solicitor will manage the process and protect your position.

Serious injury claims can involve complex future care, accommodation, and earnings loss. Lawyers can seek interim payments, coordinate rehabilitation under the Rehabilitation Code, and instruct experts across multiple disciplines.

Disputes about credit hire, storage, and repair costs often arise. A solicitor can advise on reasonable rates, mitigation, and how these items are recovered.

If a road defect contributed to the crash, claims against a roads authority require proof of negligence and compliance with statutory duties. A lawyer can obtain inspection records and assess whether a viable claim exists.

Procedural rules, funding options, success fee caps, and qualified one-way costs shifting are technical. Local solicitors understand the Scottish courts and can advise on risk and costs from the outset.

Local Laws Overview

Duty of care and fault. All road users owe a duty to others to take reasonable care. Breach of the Highway Code can be persuasive evidence of negligence. Fault is often shared, and contributory negligence will reduce damages by a fair percentage if your own actions contributed to the harm.

Time limits. In most Scottish personal injury cases you must raise court proceedings within 3 years of the accident or of your date of knowledge if later. For children, time is paused until age 16, so proceedings usually must be raised by age 19. Time can also be paused while a person lacks capacity. There are separate time rules for fatal claims and Motor Insurers Bureau claims, and there are strict early notification requirements for untraced driver cases, so early advice is vital.

Police and insurer reporting. You must stop after an accident that causes injury or damage, exchange details, and if details are not exchanged or someone is injured, report to Police Scotland as soon as reasonably practicable and within 24 hours. You should inform your insurer promptly, even if you are not at fault.

Compulsory insurance. The Road Traffic Act 1988 requires drivers to have at least third party cover. The Motor Insurers Bureau can compensate victims of uninsured or untraced drivers, subject to its agreements and conditions.

Heads of loss in Scotland. Damages include solatium for pain and suffering, past and future wage loss, medical and travel expenses, and repair or total loss of the vehicle and property. Scottish law allows services claims under the Administration of Justice Act 1982 for help provided to the injured person by relatives and for tasks the injured person can no longer perform for relatives.

Contributory negligence. If, for example, you were not wearing a seatbelt, the court can reduce your damages, commonly by 15 percent to 25 percent depending on the circumstances and the effect of the failure on your injuries.

Pre-action practice. Scotland has established pre-action protocols for personal injury. Parties are generally expected to exchange early information, send a detailed letter of claim, allow a reasonable investigation period, and try to resolve the case without litigation. Courts can consider pre-action conduct when making expenses decisions.

Courts and venue. The Sheriff Court has exclusive competence up to £100,000. The All-Scotland Sheriff Personal Injury Court in Edinburgh hears many personal injury cases from across Scotland. Higher value or complex claims can proceed in the Court of Session. Aberdeen Sheriff Court also hears local personal injury cases.

Costs and funding. Scotland operates qualified one-way costs shifting in personal injury litigation, which usually protects injured people from paying the defender’s expenses unless they act dishonestly, abuse the process, act manifestly unreasonably, or fail to beat a formal offer. Success fee agreements are permitted and capped for personal injury claims, commonly at 20 percent on the first £100,000 of damages, 10 percent on the next £400,000, and 2.5 percent above £500,000, with protections for most future loss awards.

No whiplash tariff in Scotland. Unlike England and Wales, Scotland does not have a statutory whiplash tariff or a small claims track that limits recovery of legal costs in low value road traffic injury cases. Claims are valued on their individual merits using Scottish case law and widely used guidelines.

Fatal accidents. The Damages Scotland Act 2011 allows certain relatives to claim for loss of support and for non-patrimonial loss of society following a wrongful death, generally within a 3-year period from the date of death or date of knowledge.

Frequently Asked Questions

What should I do immediately after a car accident in Aberdeen

Check for injuries and call 999 if anyone is hurt or there is danger. Exchange names, addresses, and insurance details. Take photographs, note locations, weather, vehicle positions, and registration numbers. Identify witnesses and obtain contact details. If details are not exchanged or anyone is injured, report the collision to Police Scotland as soon as practicable and within 24 hours. Seek medical assessment even for seemingly minor symptoms, and notify your insurer promptly.

Do I need to report the accident to the police and my insurer

Yes, if someone is injured or details are not exchanged you must report to the police within 24 hours. You should also notify your insurer without delay in line with your policy conditions, even if you are not at fault. Keep a record of the incident number and who you spoke to.

How long do I have to make a claim in Scotland

Normally you have 3 years from the date of the accident to raise court proceedings. For children, the 3 years typically runs from their 16th birthday. For those lacking capacity the time limit may be paused. If an uninsured or untraced driver is involved, you should act much sooner because the Motor Insurers Bureau has strict reporting requirements.

Can I claim if I was partly at fault or not wearing a seatbelt

Yes, you can still claim. Your compensation may be reduced for contributory negligence if your actions contributed to your injury. Not wearing a seatbelt often results in a reduction, commonly in the range of 15 percent to 25 percent, depending on how that failure affected your injuries.

What if the other driver is uninsured or fled the scene

You may be able to claim through the Motor Insurers Bureau. You should report the incident to the police promptly and follow all guidance. There are specific notice and cooperation requirements, so obtain legal advice quickly to protect your position.

How is compensation calculated in Scotland

Damages reflect pain and suffering, wage loss, medical and rehabilitation costs, travel, property damage, and services claims where relatives provide care or assistance or where the injured person can no longer provide services to relatives. Lawyers use medical evidence and Scottish case law to assess value, and they can seek interim payments where liability is admitted and urgent needs exist.

Do I need a lawyer for a minor injury

You are not required to have a lawyer, but legal advice can be valuable even for apparently minor injuries because symptoms can evolve and valuation is not straightforward. A solicitor can help you comply with protocols, obtain appropriate medical evidence, avoid under-settling, and manage offers and costs risks.

How long will my claim take

Straightforward, low value cases with clear liability can settle within a few months once medical evidence is available. Disputed liability, multiple experts, serious injuries, or court proceedings can extend the timeline to 12 to 24 months or more. Early rehabilitation and interim payments may still be available while the case progresses.

Will I have to go to court, and where would it be heard

Most claims settle without a trial. If proceedings are needed, cases up to £100,000 are generally raised in the Sheriff Court, either in Aberdeen or in the All-Scotland Sheriff Personal Injury Court. Higher value or complex claims can proceed in the Court of Session in Edinburgh. Your solicitor will advise on venue and strategy.

How are legal fees handled, and what is no win-no fee

Many Scottish solicitors offer success fee agreements, sometimes called no win-no fee. If your case succeeds, the solicitor takes a pre-agreed success fee from damages, subject to Scottish caps that limit the percentage and protect most future losses. If your case is unsuccessful, qualified one-way costs shifting usually means you will not have to pay the other side’s legal expenses unless you have acted dishonestly or unreasonably or fail to beat a formal offer.

Additional Resources

Police Scotland - for collision reporting, incident numbers, and road traffic investigations.

Motor Insurers Bureau - for claims involving uninsured or untraced drivers and for guidance on eligibility and time limits.

Scottish Courts and Tribunals Service - for information on the Sheriff Court in Aberdeen, the All-Scotland Sheriff Personal Injury Court, and Court of Session processes.

Law Society of Scotland - for finding a local solicitor experienced in personal injury and road traffic claims.

Citizens Advice Scotland - for free, confidential guidance on consumer and employment issues linked to car accidents, including insurance and financial concerns.

Road Safety Scotland - for practical road safety information and Highway Code guidance.

Aberdeen City Council - for reporting road defects, signage problems, or hazardous conditions on local roads.

NHS Grampian - for access to medical treatment, physiotherapy referrals, and medical records following an accident.

Next Steps

Prioritise health. Get medical attention and follow your GP or hospital advice. Keep copies of all medical records, referrals, and receipts.

Report and notify. Exchange details at the scene, report to Police Scotland if required, and tell your insurer promptly. Obtain the incident number and the other driver’s insurer details if available.

Gather evidence. Preserve dashcam footage, photographs, and contact details for witnesses. Keep a diary of symptoms, time off work, care provided by family, and out-of-pocket expenses.

Protect your position. Avoid discussing fault at the scene beyond the required exchange of details, and be cautious about accepting early offers or speaking at length with the other driver’s insurer without advice.

Seek legal advice early. Contact a Scottish personal injury solicitor with road traffic experience in Aberdeen. Ask about funding options, success fee caps, and whether qualified one-way costs shifting will apply. A solicitor can request interim payments, arrange rehabilitation, and guide you through pre-action protocols.

Be mindful of deadlines. The 3-year time limit to raise court proceedings is strictly enforced, and some situations have shorter notice requirements. Early instruction helps ensure evidence is secured and time limits are met.

Review and decide. Once liability and medical evidence are clarified, your solicitor will advise on settlement value and whether to accept an offer or raise proceedings in the appropriate Scottish court.

This guide provides general information about car accident claims in Aberdeen and wider Scotland. For advice on your specific circumstances, speak to a qualified Scottish solicitor.