Children injured in accidents in Scotland can claim compensation. A parent or guardian acts as their "litigation friend" to manage the claim. The time limit does not begin until the child turns 16, giving them until age 19 to claim. Any settlement must be approved by the court and the compensation is held in trust until the child turns 18.
Can Children Claim Compensation in Scotland?
Yes. Children have the same right to compensation as adults. If a child is injured in an accident caused by someone else's negligence — whether a car accident, playground incident, or any other type — a claim can be made on their behalf. The child does not need to do anything themselves. Claims are handled on a No Win No Fee basis.
How Do Children's Claims Work?
A child under 16 cannot instruct a solicitor or raise a court action in their own name in Scotland. Instead, a parent or legal guardian acts as their "litigation friend" (sometimes called a "next friend" or "tutor"):
The parent instructs the solicitor and makes decisions about the claim
The parent signs documents on behalf of the child
The solicitor communicates with the parent throughout the process
The claim is in the child's name, not the parent's
Time Limits for Children's Claims
In Scotland, the three-year limitation period does not begin until the child turns 16. This means a child has until their 19th birthday to make a claim.
However, it is strongly recommended to claim as soon as possible. Evidence is fresher, witnesses are easier to find, and the child benefits from having the compensation available sooner.
How Much Compensation for a Child's Injury?
Compensation is calculated the same way as adult claims — based on injury severity and financial losses. Use our compensation calculator for an estimate. However, courts often consider the long-term impact on a child's development, education, and future career when assessing damages.
Contributory negligence is rarely applied to young children, as the law recognises that children cannot be expected to assess risks in the same way as adults.
Court Approval of Settlements
All settlements for children must be approved by the court. This is a safeguard to ensure the compensation is fair and in the child's best interests. Once approved:
The compensation is usually invested in a court-controlled fund
The money is released to the child when they turn 18
In some cases, interim payments can be made for medical treatment or equipment
The court may appoint an accountant of court to manage the fund
Last reviewed: 15 March 2026 by Personal Injury Claims Scotland
Car Accident Claim Scotland | No Win No Fee | Free Consultation
Injured in a car accident in Scotland? Our specialist personal injury solicitors will fight for your compensation — no win, no fee, 100% of your award.
Personal Injury Claims in Scotland
Our experienced personal injury lawyer team handles all types of car accident claims, whiplash injuries, motorcycle accidents, cyclist accidents, pedestrian accidents, hit and run claims, and uninsured driver claims across Scotland on a no win no fee basis.
What to Do After a Car Accident in Scotland
Been in a car accident in Scotland? Follow these steps to protect your health, your rights, and your compensation claim.
Step 1: Check for Injuries and Call 999
Your safety comes first. Check yourself and passengers for injuries. Call 999 immediately if anyone is hurt. Whiplash, soft tissue injuries, and concussion may not appear for 24–72 hours.
Step 2: Exchange Details
You are legally required to stop and exchange details: full name, address, phone number, vehicle registration, and insurance details.
Step 3: Gather Evidence at the Scene
Photograph vehicle damage, road layout, traffic signs, weather conditions, and skid marks. Save dashcam footage immediately. Collect witness names and phone numbers.
Step 4: Report the Accident
Report to Police Scotland if anyone is injured, the other driver fails to stop, or you suspect drink-driving. Report within 24 hours.
Step 5: See a Doctor
See your GP or A&E even if you feel fine. Whiplash, back pain, and psychological injuries like anxiety and PTSD often have delayed onset. A medical record strengthens your claim.
Step 6: Notify Your Insurer
Most policies require you to report any accident promptly. Stick to the facts, do not admit fault, and do not accept a quick settlement without legal advice.
Step 7: Contact a Solicitor
Get free, no-obligation advice from a Scottish personal injury solicitor. A good solicitor works on a no win no fee basis.
Scotland-Specific Considerations
Scotland has a 3-year time limit for personal injury claims (vs 2 years in England). There is no whiplash tariff cap in Scotland. Cases are heard in Scottish courts under Scots law. Under contributory negligence, your compensation is reduced proportionally rather than eliminated.
How Does a Personal Injury Claim Work?
Step 1: Free consultation — tell us about your accident. Step 2: We handle everything — evidence, medical reports, negotiations. Step 3: You receive your personal injury compensation.
Types of Accident Claims We Handle
We handle car accident claims, whiplash claims, motorcycle accidents, cyclist accidents, pedestrian accidents, hit and run claims, bus and taxi accidents, rear-end collisions, roundabout accidents, motorway accidents, and van/HGV accidents across Scotland.
Accident Claims Across Scotland
Our personal injury solicitors help people make accident claims in Glasgow, Edinburgh, Aberdeen, Dundee, Inverness, Stirling, Perth, Paisley, Livingston, Falkirk, Hamilton, and the Scottish Highlands.
Frequently Asked Questions
How long do I have to make a personal injury claim in Scotland?
You generally have three years from the date of the accident to start a personal injury claim in Scotland.
What does No Win No Fee mean?
No Win No Fee means you don't pay any legal fees unless your claim is successful. If we don't win, you owe nothing.
How much compensation could I receive?
Compensation depends on the type and severity of your injury, plus financial losses like lost wages or medical expenses.
Do I have to report a car accident to the police in Scotland?
You must report to Police Scotland if anyone is injured, if the other driver fails to stop, or if you cannot exchange details at the scene.
Can I still claim if the accident was partly my fault?
Yes. Under contributory negligence rules in Scotland, your compensation may be reduced by the percentage you were at fault, but you can still claim.
Should I see a doctor even if I feel fine after an accident?
Absolutely. Whiplash, soft tissue injuries, and concussion may not produce symptoms for hours or days. A prompt medical record strengthens your claim.
