"If a tree fell on your car, the question is: who owned it, and did they inspect it? Most people don't know they can claim. You can."
100% free · No obligation · No win, no fee
Falling trees in storms cause regular injuries on Scottish roads, especially in Argyll, the Borders and Highlands. Liability turns on whether the landowner (or council, where the tree was on the verge) carried out reasonable tree inspections under their duty of care.
Scotland operates under Scots law (separate from English law) and does NOT apply the 2021 whiplash tariff. Every claim is individually assessed by a Scottish solicitor and processed through the Sheriff Court system, meaning compensation is typically 2–5x higher than for an identical injury in England.
Liability is the central question in any Scottish claim. Here are the most common scenarios for fallen tree accident cases:
Owes a duty to inspect and maintain trees adjacent to public roads. Failure to do so is negligence.
Trees on verges of public roads are usually the highway authority's responsibility.
Defendable if the tree was healthy and the storm exceptional. But many "storm" defences fail when arboricultural inspection records are produced.
Scottish claims are individually assessed — there is NO whiplash tariff cap. These ranges reflect actual settlements and Sheriff Court awards.
| Injury type | Compensation range |
|---|---|
| Minor whiplash (under 3 months) | £1,000 – £3,000 |
| Moderate whiplash (6–12 months) | £5,000 – £10,000 |
| Significant neck/back injury (12–18 months) | £8,000 – £18,000 |
| Severe back / disc damage | £15,000 – £45,000 |
| Concussion / mild brain injury | £3,000 – £15,000 |
| Moderate brain injury | £45,000 – £150,000 |
| Broken bones (wrist/arm/leg) | £8,000 – £35,000 |
| Facial scarring | £3,500 – £40,000 |
| PTSD / anxiety after accident | £4,000 – £55,000 |
The strongest claims start with the cleanest evidence. Gather these as soon as possible:
Possibly. The landowner/council can rely on Act of Nature only if the tree was healthy and properly inspected. Photos of decay or root rot strongly support a claim.
✓ Scotland · Scots Law · ✓ No Whiplash Cap · ✓ No Win No Fee
Free, anonymous, and based on Scots-law guideline brackets.
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