Van and HGV accident claims Scotland
Accidents involving vans, lorries, HGVs and other commercial vehicles tend to be more serious than those involving private cars. The size and weight of these vehicles means the forces involved in a collision are greater, and the resulting injuries are often severe.
If you were injured in an accident involving a commercial vehicle in Scotland, and the driver or vehicle operator was at fault, you have the right to claim compensation.
TL;DR: You have three years from the date of the accident to start your claim. No Win No Fee applies. Call 0800 123 4567 for a free assessment.
What types of commercial vehicle accidents can lead to a claim?
Any accident involving a commercial vehicle where another party's negligence caused your injury can lead to a claim. Common scenarios include:
- Being struck by a van or HGV as a pedestrian or cyclist
- A car accident caused by a van or lorry driver's negligence (tailgating, sudden lane changes, running red lights)
- A van or HGV reversing without adequate warning or mirrors
- A collision caused by an overloaded or poorly secured load falling from a commercial vehicle
- Accidents caused by fatigued commercial vehicle drivers breaching driving hours regulations
- Tyre blowouts or mechanical failure due to inadequate vehicle maintenance
- Accidents involving delivery drivers on public roads
Who can I claim against in a commercial vehicle accident?
This depends on the circumstances of the accident. Possible defendants include:
The driver
If the driver was at fault through careless or dangerous driving, they can be held personally liable. In practice, the claim is usually met by their motor insurance policy.
The employer (vicarious liability)
If the driver was employed and driving in the course of their employment at the time of the accident, the employer is vicariously liable for the driver's negligence. This is significant because employers are required to hold motor insurance and often have greater resources than an individual driver.
The vehicle operator or haulage company
Where a haulage company, logistics operator, or fleet manager failed to maintain the vehicle properly, failed to enforce driving hours regulations, or allowed an unqualified driver to operate a vehicle, they may be directly liable.
The vehicle owner
Where the vehicle was not maintained to a roadworthy standard, the owner (who may be different from the operator or driver) may also bear liability.
What makes HGV and commercial vehicle accidents different?
Greater injury severity
The mass and height of HGVs means that collisions typically cause much more serious injuries than equivalent car accidents. Pedestrians and cyclists struck by HGVs face a significantly higher risk of catastrophic or fatal injury.
Stricter regulatory framework
Commercial vehicle drivers in Scotland are subject to stricter regulations than private motorists, including:
- EU and UK driving hours regulations (maximum driving hours, mandatory rest periods)
- Tachograph requirements (electronic monitoring of driving time and speed)
- HGV licence requirements (Category C for rigid vehicles, Category C+E for articulated lorries)
- Load security requirements under the Road Vehicles (Construction and Use) Regulations 1986
- Periodic vehicle inspection (MOT) requirements for commercial vehicles
Where a driver or operator has breached these regulations and an accident results, this can be powerful evidence of negligence.
Complex liability questions
Because multiple parties may be involved (driver, employer, operator, owner, leasing company), establishing and apportioning liability in commercial vehicle accidents can be more complex than in straightforward car accident cases. A solicitor with experience in commercial vehicle claims is important.
How much compensation can you receive for a van or HGV accident in Scotland?
Compensation covers your injury (general damages) and your financial losses (special damages). The amount depends on the nature and severity of your injuries.
Indicative general damages ranges
| Injury type | Approximate range |
|---|---|
| Minor soft-tissue injury, full recovery within months | £1,000 to £7,400 |
| Moderate injury with some lasting effects | £7,400 to £30,000 |
| Serious injury with significant disability | £30,000 to £100,000 |
| Catastrophic or life-changing injury | £100,000 to £500,000+ |
In fatal HGV accidents, the deceased's family may be entitled to claim under the Damages (Scotland) Act 2011, including loss of support and loss of society.
What if the van driver was a self-employed delivery driver?
The rise of gig-economy delivery services has created questions about who is liable when a delivery driver causes an accident. Generally:
- If the driver was working under a contract that makes them genuinely self-employed, they are personally liable (met by their own motor insurance)
- Where a delivery platform or company exercises significant control over how the driver works, they may be found to be an employer for the purposes of vicarious liability
- All vehicles on UK roads must be insured, regardless of employment status
If you were injured by a delivery driver (Hermes, Amazon Flex, DPD, Yodel, or similar), your solicitor will investigate the employment status and insurance position.
What if the commercial vehicle was uninsured?
In Scotland, claims against uninsured drivers are handled by the Motor Insurers' Bureau (MIB). The MIB guarantees compensation to victims of accidents involving uninsured or untraced vehicles. Your solicitor will manage the MIB claim on your behalf.
How does a van or HGV accident claim work in Scotland?
Step 1: Free assessment
A solicitor reviews the circumstances of the accident, identifies the responsible parties, and advises on the strength of your claim.
Step 2: Evidence gathering
Evidence in commercial vehicle accident cases can include tachograph data, driver duty records, vehicle maintenance logs, dashcam footage (increasingly fitted to HGVs), and witness evidence. This evidence can be vital and may be overwritten or destroyed if not requested promptly.
Step 3: Pre-Action Protocol
A formal letter of claim is sent to the responsible party or their insurer, initiating the pre-action protocol period. The insurer has three months to investigate and respond.
Step 4: Settlement or court proceedings
Most commercial vehicle accident claims settle without court proceedings. If the insurer disputes liability or makes an inadequate offer, proceedings can be raised in the All-Scotland Sheriff Personal Injury Court or the Court of Session.
What is the time limit for a commercial vehicle accident claim in Scotland?
Three years from the date of the accident, under the Prescription and Limitation (Scotland) Act 1973. Children who were under 16 at the time of the accident have until their 19th birthday to claim.
Do not delay. In commercial vehicle cases, evidence such as tachograph data is particularly time-sensitive and may be deleted or overwritten.
Is a van or HGV accident claim handled on No Win No Fee?
Yes. Claims are handled on a No Win No Fee basis:
- Nothing to pay to start your claim
- Nothing to pay if your claim does not succeed
- If your claim succeeds, you keep 100% of your compensation
Frequently asked questions
Can I claim if I was a passenger in the van at the time of the accident? Yes. Passengers can claim against the at-fault driver, whether that is the driver of the van you were in or another vehicle. If the driver of your vehicle was at fault, you claim against their insurer.
What if the accident involved a foreign-registered HGV? Claims against foreign-registered vehicles are more complex but possible. Your solicitor will identify the insurer through the Motor Insurers' Bureau or direct contact with the foreign vehicle's insurer. Scots law applies to accidents that occur in Scotland, regardless of where the vehicle is registered.
Can I claim if the accident was partly my fault? Yes. Contributory negligence applies in Scotland: your compensation is reduced in proportion to your share of the blame, but you are not prevented from claiming.
What evidence should I preserve after a commercial vehicle accident? Take photographs of the scene, all vehicles, and any injuries. Note the vehicle registration number, the company name on the vehicle, and the driver's name and contact details. Get witness contact details. Report the accident to Police Scotland if there are injuries. Contact a solicitor as soon as possible.
Start your claim today
Call 0800 123 4567 for a free, no-obligation assessment. We handle van and HGV accident claims across Scotland on a No Win No Fee basis.
