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Claims against Scottish Ministers

Claims against Scottish Ministers can arise following damage to personal property or following a personal injury caused by an alleged defect on a trunk road.

Claims should be directed in the first instance to the appropriate trunk road Operating Company or Design, Build, Finance and Operate (DBFO) company responsible for the section of road.

Transport Scotland is the national transport agency for Scotland. We are responsible for managing Scotland’s trunk road network on behalf of the Scottish Ministers.
 
On our behalf, the trunk road and motorway network is managed and maintained by private sector Operating Companies. 

They are contracted to carry out day-to-day inspection, management, maintenance and repairs to the trunk road network.  The Operating Companies are under contract to take reasonable care to maintain the network in a condition which is safe for road users (who themselves require to exercise reasonable care in their use of the network).

Process for claims

Under the terms of the contracts with the Operating Companies, Scottish Ministers are indemnified by these Operating Companies against claims. This means that claims for damage to personal property or personal injury claims should in the first instance be directed to the appropriate Operating Company for the area in question.
 
Should you wish to make a claim arising out of an incident on the trunk road and motorway network, in order to assist the Operating Company in considering your claim, you should:

  • State the precise location and time of the incident
  • Provide any supporting evidence that you may have

Please do not revisit the scene as a pedestrian to take photographs - whatever the road, this is likely to be highly dangerous, and in the case of the motorway network would be a criminal offence.

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