CPAP in Personal Injury — Scotland Explained
Quick Answer
What Is CPAP?
CPAP — Claims Portal Alternative Procedure — is a voluntary pre-action protocol used in Scotland for certain personal injury claims. It provides a structured framework for solicitors and insurers to communicate and exchange information, aiming to resolve claims more efficiently without court proceedings.
CPAP is not the same as the English Claims Portal or the Official Injury Claim (OIC) portal. It is a distinct Scottish procedure.
How Does CPAP Work?
- Your solicitor submits your claim details through the CPAP system
- The insurer acknowledges receipt and investigates liability
- Medical evidence is obtained and shared
- Both parties attempt to agree on compensation
- If agreement is reached, the claim settles without court
- If not, the claim exits CPAP and proceeds to court
The process is designed to encourage early communication and settlement, reducing delays and legal costs.
Who Uses CPAP?
CPAP is used by personal injury solicitors in Scotland — not by claimants directly. You do not need to understand or interact with the CPAP process yourself. Your solicitor manages it entirely. It is primarily used for road traffic accident claims and employer's liability claims of moderate value.
How Does CPAP Affect Your Claim?
- No compensation cap — unlike the English system, CPAP does not impose fixed tariffs
- Full legal representation — your solicitor handles everything
- Potentially faster resolution — the structured process encourages timely responses
- No obligation — if the process does not achieve a fair settlement, your solicitor can proceed to court
Key Points for Scottish Claimants
- CPAP is handled entirely by your solicitor — you don't interact with it directly
- It does not reduce or cap your compensation in any way
- It is a voluntary process — it can be exited if a fair settlement is not offered
- It is completely different from the English OIC portal
- You are still entitled to No Win No Fee representation
Frequently Asked Questions
What is CPAP in personal injury claims?
CPAP stands for Compulsory Pre-Action Protocol. It is a set of rules in Scotland that require parties to exchange information and try to settle claims before going to court.
Is CPAP mandatory in Scotland?
Yes. For personal injury claims in Scotland, following the CPAP process is mandatory. Failure to comply can result in penalties from the court.
How long does the CPAP process take?
The CPAP process typically takes 3 to 6 months. The defender has set timeframes to respond to the claim notification and engage in settlement negotiations.
Does CPAP apply to all personal injury claims?
CPAP applies to most personal injury claims in Scotland. Some exceptions exist for very urgent cases or those involving specific circumstances.
What happens if the other side ignores CPAP?
If the defender fails to engage with the CPAP process, your solicitor can proceed to raise court action. The court may impose costs penalties on the non-compliant party.
Last reviewed: 15 March 2026 by Personal Injury Claims Scotland