The minutes after a car accident are the ones you are least equipped to think clearly in, and the ones that matter most later.
Your hands are shaking. Someone is asking if you are alright and you do not know yet.
What to do after a car accident comes in two parts: the practical steps at the scene and in the days that follow, and where you stand legally if you were injured. Most advice covers the first and stops there.
This guide covers both, under Scottish law. What to do now, what to do this week, and what your options are if you were hurt.
At a glance: what to do after a car accident
Stop and switch off your engine. Stopping is a legal requirement, not a courtesy.
Put your hazard lights on to warn other road users.
Check yourself and your passengers for injuries before you look at the car.
Call 999 if anyone is hurt, or if vehicles are blocking the road.
Exchange details with the other driver: name, address and vehicle registration number.
Do not admit fault or apologise, even out of politeness. It can be recorded as an admission.
Photograph the accident scene, the damage and the road layout before anything is moved.
Take witness details before they leave. They will be gone in minutes.
Contact your insurer, even if you do not intend to make a claim.
See a doctor within a few days, even if you feel fine. Adrenaline hides injury.
Remember that your insurance claim and your injury claim are two separate things. Only one of them is being dealt with automatically.
When to call the police, and what details to exchange
Call 999 immediately if anyone is injured or in danger, if vehicles are blocking the road or causing a dangerous obstruction, if you suspect a serious offence, if you believe another driver is under the influence of drink or drugs, or if anyone at the accident scene is aggressive.
Report on 101, or online, if details could not be exchanged, if the other driver left the scene, if you suspect the other driver is uninsured or unlicensed, or if you believe the collision was staged.
If you did not exchange details at the scene, you must report the collision to the police as soon as you reasonably can, and in any event within 24 hours. Missing that deadline is itself an offence under the Road Traffic Act 1988. If you have already gone past it, report it anyway.
Whenever the police are involved, ask for the police reference number and keep it. Your insurer and any solicitor acting for you will both ask for it.
For a damage-only minor collision with no injuries and no obstruction, emergency services may not attend. That does not mean it should not be reported.
Required by law: your name and address, and the vehicle registration number. Insurance details where anyone has been injured.
Strongly advised: a phone number, the insurance provider and policy number, driving licence details, and whether the other driver owns the other vehicle. If not, who does.
Some situations need extra care. For a company vehicle, take the company name and address as well as the driver’s, because the employer’s insurance is likely to respond. For a foreign-registered vehicle, take the country of registration, the driver’s home address and a photograph of the insurance documents if you can. For a hire car, note the hire company.
If the other party will not give you the necessary details, photograph their number plate and vehicle, look for witnesses, and call 101. Refusing to give details after a collision is an offence, and the police can obtain them.
Claiming compensation in Scotland
Your insurance claim and your injury claim are two different things
Your motor insurer is dealing with your car. Nobody is automatically dealing with your injury.
This is the most expensive misunderstanding after a car accident, and it is an understandable one. You reported the accident, someone competent took over, and the car came back repaired. It felt handled. Only one of the two claims was ever in motion.
They are separate. They can run at the same time, through different people, on different timescales. Your own insurer is not your representative for an injury claim, and has no duty to tell you that you might have one for the pain, the physiotherapy, the four weeks off work and the shifts you lost.
The consequence is people reaching the three-year deadline convinced the whole thing was dealt with years ago, when the only thing dealt with was the car.
Can you claim compensation after a car accident in Scotland?
Yes. If you were injured in a car accident that was not wholly your fault, you can usually make a claim. You have three years from the date of the accident under the Prescription and Limitation (Scotland) Act 1973, and the claim is made against the other party’s insurer rather than against the individual driver.
A claim covers two things. General damages compensate you for the injury itself and how it has affected your life. Special damages cover your financial losses: lost earnings, treatment, travel to appointments, care and help at home, and damaged property.
Read more:
Road traffic accident claims (motorcycles, passengers and pedestrians)
How Jones Whyte can help after a car accident
Your insurer is dealing with your car, and your injury is only dealt with if someone takes it on. That is the part we do. From the first call, we take the process off you. The insurers, the cold calls, the evidence, the medical reports and the paperwork. We arrange specialist medical support and rehabilitation alongside the claim, so your recovery is never waiting on the legal process.
No win no fee applies across all our road traffic injury services, and success fees in Scottish personal injury cases are capped at 20%, so you keep at least 80% of your compensation. No hidden costs, no surprises. We take care of the process, and you focus on getting better.
Find out where you stand
If you were injured in a car accident in Scotland, one short call will tell you whether you have a claim.
It is a free initial call. No obligation, no paperwork, and no commitment to go any further. We take the details of what happened, and in most cases that is enough to tell you where you stand. If you do not have a claim, we will say so and explain your options. Speak to our team today.
Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.
