Pothole Damage and Pothole Accident Claims in Scotland
August 24, 2026
You heard the bang, felt the jolt, and now there is a buckled alloy, a cracked bike frame, or a...
Read More →One minute you’re a passenger going about an ordinary day. The next, you’re hurt, shaken, and stuck with questions nobody seems in a hurry to answer. Working out whose insurance pays, and whether you can claim when you weren’t the one driving, is our job, not yours.
Tell us what happened on a free, no-obligation call and we’ll tell you where you stand.
The short answer is usually yes. A taxi accident claim is a personal injury claim for compensation when you’re injured in, or by, a taxi, minicab or private hire vehicle. If the accident happened anywhere in Scotland, whether you were a passenger, the taxi driver, or another road user, you may be entitled to claim taxi accident compensation. It depends on who you were and what happened, and working that out is our job, not yours.
This page explains, in plain terms, whether you can claim, who is at fault, how much compensation you could receive, and how our Scottish personal injury solicitors handle the claim from here.
As a taxi passenger you are almost never at fault. You weren’t in control of any vehicle, so if you were injured, someone else was responsible, and that is really all you need to show to have a claim. It doesn’t matter which seat you were in, or whether you were hurt mid-journey or getting in or out. Being a fare-paying passenger doesn’t weaken your position; if anything, it makes the claim simpler.
For a taxi driver, an accident isn’t only painful, it’s expensive, with fares lost and insurance, plate, licence and rental costs often running regardless. If another road user’s negligence caused the crash, you have the same right to claim compensation as any other injured driver. Your claim can cover both your injury and those financial losses, including a hire vehicle to keep you working.
You don’t have to be inside the taxi to claim because of one. If a taxi driver’s negligence injured you as a pedestrian, cyclist or other driver, your claim runs against that driver, their operator or their insurer. The principle is the same as any road traffic accident claim: if someone else caused your injury, they should put it right.
“Taxi” also covers pre-booked minicabs and private hire vehicles, and app rides such as Uber. The type of hire changes who you claim against, not whether you can:
Black cab hailed in the street: usually the driver or their operator’s insurer.
Pre-booked minicab or private hire vehicle: often the operator’s insurance company as well as the driver’s.
App booking such as Uber: typically the driver, with the platform’s insurance behind them.
You rarely need to untangle this yourself. Tell us what happened and we’ll identify the right party and insurer.
The highly experienced personal injury lawyers at Jones Whyte are ready to assist you with your compensation claim.
Find your LawyerContact Jones Whyte today to arrange your no-obligation consultation and to start your no-win no-fee accident claim.
Success Fee: If your claim is successful, our success fee is charged as a percentage of compensation awarded to you. This fee covers our legal services and includes the cost of After the Event (ATE) insurance to protect you against having to pay the other side’s costs if your claim is unsuccessful.
No Win, No Fee Explained: You will not pay any legal fees if your claim is unsuccessful. However, if we secure compensation for you, our success fee will be deducted from your compensation award before payment to you.
When You Might Be Liable for Costs:
These terms will be fully outlined in your instruction agreement and Terms of Business with us, and are available for you to review before you make any binding commitment. You are under no obligation to these terms by making an initial enquiry.
Knowing you can claim is one thing; knowing who is liable, and whose insurer pays, is another. Liability simply means legal responsibility for the accident. In most taxi accidents it is reasonably clear, and working it out is our job, not yours. Here are the situations that come up most often.
If another vehicle caused the crash, your claim is made against that driver’s insurer, not the taxi driver. As a passenger you are simply caught up in someone else’s mistake, which makes this the most common taxi passenger claim, and often the most straightforward.
Sometimes the taxi driver made the mistake, whether speeding, a careless manoeuvre, or a sudden stop that threw you forward. Every taxi driver owes their passengers a duty of care, a legal responsibility to carry them safely. If they fall short and you are hurt, you can claim against your own driver or the firm they drive for, and their insurance exists for exactly this.
If the driver responsible was uninsured, or left the scene and can’t be identified, you can still claim through the Motor Insurers’ Bureau (MIB), the body set up specifically to compensate people injured by uninsured and untraced drivers. Not having the registration doesn’t disqualify you, and we can help gather what’s needed.
Not every taxi accident is caused by a driver. A pothole, a sudden defect or worn road markings can all cause a crash. Where the road itself was to blame, the claim is usually made against the roads authority responsible for it: the relevant Scottish council for local roads, or the authority responsible for Scotland’s trunk road network (not Highways England, which has no role north of the border).
If you weren’t belted in, you can still claim. It may reduce your compensation, an effect called contributory negligence, which means your own actions played some part in the injury. It rarely removes your right to claim altogether, so don’t rule yourself out. Tell us what happened and we’ll give you an honest view of how, if at all, it affects your case.
In Scotland, you usually have three years to make a taxi accident claim. That three-year time limit is set by the Prescription and Limitation (Scotland) Act 1973, and it normally runs from the date of the accident, or from the date you became aware that your injury was caused by it. (This is Scottish law; the English Limitation Act 1980 does not apply here.)
There are exceptions: claims following a death, and injuries that only come to light later, can follow different timescales. Either way, it’s worth acting sooner rather than later, because evidence is strongest early and taxi or roadside CCTV is often overwritten within about 30 days.
If the injured person is a child, or an adult who can’t manage a claim themselves, someone can claim on their behalf. A parent or guardian can usually act for a child, and a guardian or attorney appointed under Scottish law can act for an adult who lacks capacity. We’ll explain exactly who can act in your family’s situation.
Compensation in a Scottish personal injury claim comes in two parts:
General damages: compensation for the injury itself, meaning the pain, the suffering and what you can’t do while you recover (in Scotland, this is called solatium).
Special damages: compensation for the financial side, such as lost earnings, medical treatment, travel, and the cost of any care or help you’ve needed.
Both are added together, so even a “minor” injury can be worth pursuing once the financial impact is counted.
If your injury kept you off work, that lost wages forms part of your claim, evidenced through payslips for an employee, or accounts and HMRC records if you’re self-employed. For a taxi driver it doesn’t stop at lost fares: vehicle downtime, a credit hire vehicle to keep working, and the plate, licence or depot rental that ran on while you couldn’t drive can all be recovered too.
If a partner, relative or friend looked after you while you recovered, helping you wash, dress, get around or run the household, that care has a value even though no money changed hands. It can be claimed as a financial loss, one people often don’t realise they can make.
Every claim is assessed individually, so treat any figure as a guide. For the pain-and-suffering (solatium) part, courts work from published guideline brackets. For injuries common in taxi accidents:
A soft-tissue neck injury (whiplash) that fully recovers within roughly three months to a year sits, as a guideline, in the region of £2,950–£5,230; one taking one to two years, around £5,230–£9,470.
A back injury of similar severity, recovering within about two to five years, falls as a guideline around £9,470–£15,020.
Very short-lived injuries that clear within a few weeks to three months are lower, from a few hundred pounds up to around £2,950.
More serious injuries, such as significant fractures or head and brain injuries, are valued considerably higher. And these brackets cover only the pain-and-suffering part; your financial losses are added on top.
No. The fixed “whiplash tariff” you may have read about is English law: since 2021 it has capped whiplash compensation in England and Wales at fixed, often low amounts. It does not apply in Scotland, where your injury is valued on its own merits using guideline brackets like those above. For many everyday whiplash injuries that means a more generous outcome than south of the border, one more way a Scottish claim, handled by a Scottish firm, works in your favour.
In the moment, keep it simple and put safety first.
Make sure you’re safe: get yourself and others out of danger where you can.
Call the emergency services if anyone is hurt or the road is blocked; when they arrive, follow their guidance.
Note the vehicles involved and exchange details, including names and the taxi’s or other vehicle’s registration if you can.
Get insurance details where possible, along with the driver’s or operator’s name.
Seek medical attention, even if you feel “fine”, because some injuries, whiplash especially, show up a day or two later.
Don’t worry if you couldn’t do all of this. People rarely manage every step, and it doesn’t sink a claim.
The stronger the evidence, the smoother the claim, but you don’t need a perfect file to get started. Helpful things include:
Photos or video of the accident scene, the vehicles and sustained injuries.
The police report, if one was made.
Names and contact details of any witnesses.
Your medical records, once you’ve been seen.
If some of that is missing, that’s fine, because gathering evidence is part of what we do. A gap in your paperwork doesn’t disqualify you.
Here’s what happens on our end. Most people picture a courtroom, but the reality is far less dramatic: the vast majority of claims settle without one, and the first step is simply a conversation.
A free initial call. You speak to our client support team, with no paperwork and no obligation. They can often tell you there and then whether you’re likely to have a claim; if it’s more complex, a solicitor reviews it and we aim to come back within 24 hours.
Getting the evidence together. We gather the reports, records and details that support your claim, so you’re not left chasing them.
An independent medical assessment. A medical professional examines your injury and reports on it, which also fixes when you “knew” its extent, a point that matters for the time limit.
Presenting the claim. We put your claim to the responsible party or their insurer and negotiate a fair settlement, following Scotland’s compulsory pre-action protocol designed to settle claims without court wherever possible.
Court, only if needed. If no fair settlement can be reached, your claim may go to court: Simple Procedure, an Ordinary Cause action in the Sheriff Court, or the Court of Session, depending on value and complexity. Even then, many claims settle before a hearing.
We’re a Scottish firm, headquartered in Glasgow, founded in 2013, with more than 240 people and offices in Glasgow, Edinburgh and Aberdeen. We know Scottish courts and Scottish procedure first-hand, not as an English practice with a branch north of the border, but as a firm that works within this system every day.
Your taxi accident claim is handled by a specialist team led by Michael McLean, a Partner and Solicitor Advocate in Personal Injury Law who heads our Road Traffic Accident Team.
Our clients rate us 4.8 out of 5 across more than 6,000 reviews. The thing clients mention most across our reviews is feeling looked after: kept informed at every stage, never left guessing, and treated like a person rather than a case number.
A short, no-pressure call is the easiest way to find out whether you can claim. Our team will listen, answer your questions, and tell you honestly whether you have a claim worth making. There’s no cost, and no obligation to take it any further.
Yes. Whether you were in a black cab, a pre-booked minicab, a private hire vehicle or an Uber, you can claim if you were injured. The type of booking affects who the claim is made against, not your right to claim.
You can still claim. If the driver was uninsured or left the scene, your claim can be made through the Motor Insurers’ Bureau, even if you never caught the registration.
Usually not. Most Scottish personal injury claims settle without a court hearing. If a claim cannot be settled it may go to court, but even then many settle before a hearing.
Yes. A parent or guardian can usually claim on behalf of a child, and a person appointed under Scottish law can act for an adult who cannot manage a claim themselves.
It depends. A straightforward claim can settle in a few months, while a disputed or more serious injury can take a year or more. We’ll give you a realistic timescale for your case.
You can still claim. Not wearing a seatbelt may reduce your compensation through contributory negligence, but it rarely removes your right to claim.
No, not upfront. We work No Win No Fee, so you pay nothing to start and nothing if the claim fails. If you win, an agreed success fee, capped at 20%, comes from your compensation.
If you’re still not sure whether your situation counts, that’s exactly what the free initial call is for. There’s no cost, and no obligation to go any further.
Seeking legal advice and understanding your needs can feel overwhelming. Our insights offer clarity and guidance, showing how we can support you every step of the way.
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