Question reference: S5W-07126
- Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
- Date lodged: 10 February 2017
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Current status: Answered by Annabelle Ewing on 7 March 2017
Question
To ask the Scottish Government what legal recourse is available to cyclists who have been involved in accidents with motor vehicles that do not lead to injury.
Answer
Under Scots law where a person’s property is damaged as a result of the wrongful (e.g. negligent) actions of another person or organisation he or she can, if relevant criteria are satisfied, raise an action in the civil courts for damages to compensate for loss suffered.
Damages are a matter for the courts to decide and it would be for individuals to seek their own legal advice on whether they had a case or not under the current law.