If you have been involved in a road traffic accident claim in Scotland, it’s important to understand the legal time limits for making a claim. At Instant Assist, we specialize in helping accident victims navigate the claims process and ensure they receive the compensation they deserve.
Time Limit for Making a Claim
Under Scottish law, the general time limit for filing a road traffic accident claim is three years from the date of the accident. This means that you must initiate legal proceedings within three years, or you risk losing your right to claim compensation.
Exceptions to the Three-Year Rule
While the three-year time limit applies in most cases, there are some exceptions:
1. Claims for Children (Under 16 Years Old)
If the injured party is a child under the age of 16, the three-year time limit does not start immediately. Instead, the clock begins ticking from their 16th birthday, meaning they have until they turn 19 to file a claim.
However, a parent or legal guardian can file a road traffic accident claim on their behalf before they turn 16.
2. Claims for Individuals with Mental Incapacity
If the injured person lacks mental capacity due to the accident or any pre-existing condition, there may be no time limit for filing a claim unless they regain mental capacity. If they recover, the three-year period begins from the date of recovery.
3. Fatal Road Traffic Accidents
If a road traffic accident results in death, the deceased’s family has three years from the date of death to make a claim rather than from the date of the accident.
4. Uninsured or Hit-and-Run Accidents
If the driver responsible for the accident is uninsured or cannot be traced (hit-and-run), claims can still be made through the Motor Insurers’ Bureau (MIB). In such cases, it is essential to seek legal advice as soon as possible, as different time limits may apply.
Why Timing Matters
Filing your road traffic accident claim as soon as possible is crucial for the following reasons:
- Preserving evidence – Witness statements, CCTV footage, and accident reports are easier to obtain when the claim is filed promptly.
- Medical assessments – Early medical reports strengthen the case by clearly linking injuries to the accident.
- Avoiding claim rejection – If you miss the deadline, your claim may be rejected, and you could lose the right to compensation.
How Instant Assist Can Help
At Instant Assist, we provide expert guidance on road traffic accident claims and ensure that you meet all legal deadlines. Our experienced claims specialists will:
- Assess your claim eligibility
- Gather all necessary evidence
- Handle negotiations with insurance companies
- Ensure you receive the maximum compensation you deserve
Start Your Claim Today
If you or a loved one has been involved in a road traffic accident, don’t delay. Contact Instant Assist today to begin your claim before the time limit expires. Our team is here to make the process stress-free and help you secure the best possible outcome.
