"Faulty road surface, missing markings, broken signage — Scottish councils and Transport Scotland owe you a duty. When they fail it, you claim."
100% free · No obligation · No win, no fee
Road defects beyond standard potholes — sunken manhole covers, missing centre lines, faded road markings, broken kerbs, incorrect signage — can all give rise to claims under the Roads (Scotland) Act 1984.
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 road defect accident cases:
For local roads — duty under the Roads (Scotland) Act 1984.
For trunk roads and motorways — same duty, operated via BEAR Scotland or Amey.
They escape liability if they can prove a reasonable inspection regime. FOI request tests this.
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:
Anything beyond normal wear that makes the road unsafe — sunken covers, broken kerbs, fading lines, broken signs, incorrect signage, debris from highway works.
✓ Scotland · Scots Law · ✓ No Whiplash Cap · ✓ No Win No Fee
Free, anonymous, and based on Scots-law guideline brackets.
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