Best Car Accident Lawyers in Aberdeen

About Car Accident Law in Aberdeen, United Kingdom

Car accident law in Aberdeen operates under Scots law. Aberdeen is within the jurisdiction of the Scottish courts and the rules that apply across Scotland. If you are injured or your vehicle is damaged in a road traffic collision in or around Aberdeen, your rights and the claims process are shaped by Scottish legislation, the Highway Code, and local enforcement by Police Scotland. Claims for injury and losses are usually made against the at-fault driver or their insurer. In cases where the other driver is uninsured or cannot be traced, the Motor Insurers' Bureau may step in.

Scottish personal injury claims use the concept of negligence. You must show that another party breached their duty of care and that this caused your injury or loss. Compensation covers pain and suffering, lost income, treatment costs, and other expenses. In Scotland the term solatium is used for pain and suffering. Aberdeen has a local Sheriff Court and cases can also be raised in the All Scotland Sheriff Personal Injury Court depending on value and complexity.

Why You May Need a Lawyer

You may need a lawyer when liability is disputed, injuries are more than minor, or your financial losses are significant. Insurers may argue contributory negligence, for example by saying you were speeding, not wearing a seatbelt, or not keeping a proper lookout. A lawyer can gather evidence, deal with insurers, and value your claim.

You should consider legal help if you suffered whiplash or other soft tissue injuries, fractures, head or spinal injuries, scarring, or psychological trauma. A lawyer is also helpful where multiple vehicles are involved, where there is a hit-and-run, where the other driver is uninsured, or where you were a cyclist, motorcyclist, pedestrian, or passenger. If a family member has died, specialist advice is essential because different rules and dependency claims apply.

Even in lower value claims a lawyer can ensure the correct procedures and time limits are met. Scotland has not adopted the whiplash tariff system used in England and Wales, so legal input often changes outcomes and settlement levels.

Local Laws Overview

Road Traffic Act 1988 and Highway Code compliance is required throughout the UK and is enforced locally by Police Scotland. This includes duties to drive with reasonable care, stop after an accident that causes injury or certain damage, exchange details, and report to the police if you cannot exchange details at the scene. You may be required to present your driving licence and insurance within 7 days at a police station if requested.

Drink and drug driving laws apply. Scotland has a lower drink-drive limit than England and Wales. Limits include 22 micrograms of alcohol per 100 millilitres of breath and 50 milligrams per 100 millilitres of blood. Using a handheld mobile phone while driving is illegal. Seatbelts must be worn where fitted. Motorcyclists must wear helmets.

Time limits are critical. For personal injury claims the usual time limit in Scotland is 3 years from the date of the accident or date of knowledge if later. For children the 3-year period typically runs from their 16th birthday. For those lacking capacity time may not run. For fatal accidents, claims by the estate or relatives are generally within 3 years of death or of knowledge. Vehicle-only property damage claims usually prescribe after 5 years.

Claims are normally pursued through pre-action engagement. In Scotland there is a well used personal injury pre-action protocol. It commonly involves the pursuer sending a claim intimation and the insurer acknowledging within 21 days and providing a liability decision within 3 months of intimation. Early rehabilitation under the Rehabilitation Code 2015 is encouraged.

Damages cover solatium, past and future wage loss, medical and rehabilitation costs, travel, care and assistance. Scotland recognises services claims where relatives provide care or where the injured person can no longer provide services to relatives. In fatal cases, the Damages Scotland Act 2011 allows relatives to claim for loss of support and for grief and sorrow.

Costs and funding have Scottish features. Qualified one-way costs shifting applies to personal injury court actions in Scotland, which usually protects injured people from paying the defender's legal costs if the case is reasonably conducted and not fundamentally dishonest. Success fee agreements are permitted and are subject to statutory caps. In personal injury, success fees are broadly capped at set percentages of past losses and solatium. Future pecuniary losses are generally protected from success fee deductions.

Frequently Asked Questions

Do I need to report a car accident to the police in Aberdeen

You must stop at the scene if there is injury or certain property damage. Exchange names, addresses, vehicle details, and insurance information. If you cannot exchange details or if someone is injured you must report the collision to Police Scotland as soon as reasonably practicable and within 24 hours. Always obtain a police reference if officers attend. Prompt reporting helps your claim.

How long do I have to make a claim in Scotland

For personal injury you usually have 3 years from the date of the accident or the date you first knew you were injured and that the injury was caused by the accident. Children typically have until their 19th birthday. Fatal claims are generally 3 years from the date of death or knowledge. Vehicle-only damage usually has a 5-year prescriptive period. Act early to avoid arguments about time limits.

What should I do immediately after a crash

Ensure safety and call emergency services if needed. Exchange details and gather evidence. Take photos of vehicles, positions, road layout, weather, and any visible injuries. Get witness names and contact information. Note the other vehicle's registration and insurer if known. Seek medical assessment even for minor symptoms. Notify your insurer promptly. Keep all receipts for expenses.

What if the other driver is uninsured or leaves the scene

You may still recover compensation. The Motor Insurers' Bureau handles claims for uninsured or untraced drivers across the UK, including Scotland. There are specific rules and time limits, so get advice quickly. Report the incident to Police Scotland without delay and try to gather any evidence such as CCTV or dashcam footage.

Will the England and Wales whiplash tariff affect my Scottish claim

No. The Civil Liability Act 2018 whiplash tariff does not apply in Scotland. In Scotland, compensation for soft tissue injuries is assessed by reference to Scottish and UK case law and the Judicial College Guidelines, adjusted for the facts of your case.

How are my injuries and losses valued

General damages in Scotland are called solatium and reflect pain, suffering, and loss of amenity. Special damages cover financial losses such as past and future wage loss, medical and rehabilitation costs, travel, damaged items, and care. Scotland also allows services claims related to care provided by relatives or the loss of ability to provide services to family. Evidence is key, including medical reports, wage records, and proof of expenses.

Do I need to attend court in Aberdeen

Most claims settle through pre-action negotiation. If liability or value remains disputed, your solicitor may raise proceedings in Aberdeen Sheriff Court or the All Scotland Sheriff Personal Injury Court. Many cases still settle before a final hearing. If you do attend court your lawyer will prepare you and guide you through the process.

What about legal fees

Many Scottish personal injury solicitors offer success fee arrangements. There are statutory caps on the percentage they can take from your damages, and future pecuniary losses are generally protected from deductions. Qualified one-way costs shifting reduces the risk of paying the other side's costs if you conduct your case reasonably. Legal aid is uncommon for road traffic injury claims but may be available in limited circumstances.

How long will my claim take

Simple claims with clear liability and minor injuries can settle within a few months after medical evidence is available. Where injuries are complex, liability is disputed, or ongoing symptoms are not yet stable, it can take longer so that your prognosis is clear and your losses are fully assessed. The Scottish pre-action protocol encourages an insurer liability decision within about 3 months of claim intimation.

Should I accept the insurer's first offer

Not without advice. Early offers can undervalue pain and suffering and fail to include all losses. A solicitor will obtain appropriate medical evidence, quantify all heads of loss, and use Scottish case law and the Judicial College Guidelines to negotiate a fair settlement.

Additional Resources

Police Scotland North East Division for reporting collisions and obtaining incident references.

Motor Insurers' Bureau for uninsured and untraced driver claims.

Law Society of Scotland for finding a qualified personal injury solicitor.

Aberdeen Sheriff Court for local civil proceedings information.

Transport Scotland for road safety and collision statistics.

Aberdeen City Council for road defects reporting and local traffic management information.

Citizens Advice Scotland and Aberdeen Citizens Advice Bureau for practical guidance on insurance and consumer issues following a crash.

NHS Grampian and Aberdeen Royal Infirmary for medical assessment and treatment records to support your claim.

Next Steps

Prioritise safety and medical care. Report the collision to Police Scotland if required and inform your insurer. Gather and keep evidence including photos, dashcam footage, witness details, and receipts for all expenses. Keep a diary of symptoms, treatment, and time off work.

Speak to a Scottish personal injury solicitor who handles road traffic cases in Aberdeen. Ask about funding options, likely timeframes, and what documents they will need. Provide your insurance details, the police reference, medical records, and details of any prior injuries that may be relevant.

Cooperate with rehabilitation. Early physiotherapy or psychological support can aid recovery and may be funded by the insurer under the Rehabilitation Code. Do not settle until your symptoms are stable or a clear prognosis is established so that your future needs and losses are not overlooked.

Act within the applicable time limits. If a deadline is approaching, your solicitor can raise court proceedings to protect your position while negotiations continue.