Pedestrian Accident Claims in Scotland

Last reviewed August 2026

What a pedestrian accident claim in Scotland covers

If you were hit by a vehicle while on foot and the driver was at fault, you may be able to make a pedestrian accident claim in Scotland and recover compensation for your injuries and losses. Pedestrians are among the most vulnerable road users, and a specialist Scottish solicitor can tell you whether you have a case.

When a driver is responsible

Every driver owes other road users a duty of care — to drive at a safe speed, stay alert, and follow the rules of the road. Pedestrians are often injured when that duty is broken: a car failing to stop at a crossing, a vehicle mounting the pavement, a driver reversing without looking, or someone pulling out of a junction without checking. Because pedestrians have no protection in a collision, even a low-speed impact can cause serious injury.

These claims sit within the wider area of road traffic accident claims, and the same principle applies — if someone else’s carelessness caused your injury, you may be able to claim.

What to do at the scene

Gather as much information as you safely can. If you’re able to:

• Note the vehicle’s registration, make and colour
• Get the driver’s name, address and insurance details
• Take photographs of the scene, the vehicle and your injuries
• Collect the names and contact details of any witnesses
• Report the accident to the police
• See a doctor, even if injuries seem minor at first

For a fuller checklist, our guide on what to do after an accident walks through each step.

If the driver was uninsured or drove off

You may still be able to claim. Where a driver has no insurance, or left the scene and can’t be traced, compensation can often be pursued through the Motor Insurers’ Bureau (MIB). The MIB exists to help people injured by uninsured and untraced drivers. You can read more in our guide on uninsured or untraced driver claims.

What you could be owed

A pedestrian accident claim could include:

• Your injury — the pain and how it has affected your life (known in Scots law as solatium)
• Lost earnings — past and future, if you’ve had time off or can’t work as before
• Treatment and care — rehabilitation, and help from family
• Out-of-pocket costs — from travel to appointments to aids and adaptations

Scotland has its own distinct legal system, and each claim is assessed on its own individual facts, so what you could receive depends on your circumstances.

The time limit

In most cases you have three years from the date of the accident to raise a claim, under the Prescription and Limitation (Scotland) Act 1973. Different rules can apply for children or where injuries emerge later, so it’s sensible to check your position early.

No win, no fee

Most pedestrian accident claims are handled under a speculative fee agreement, which is Scotland’s form of no win, no fee, so you don’t take on the financial risk. QOCS (qualified one-way costs shifting) protection can also apply under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, which in most cases means you won’t be left paying the other side’s expenses if your claim is unsuccessful.

Start your free claim check

If you were injured as a pedestrian in an accident that wasn’t your fault, it costs nothing to find out where you stand. Tell us what happened and we’ll connect you with specialist Scottish solicitors who can review your claim under Scots law. Start your free claim check — there’s no obligation.