In a road traffic accident, it may be obvious which party is responsible. For example, the driver of a vehicle which runs into the back of another vehicle would usually be held liable for the accident.
However, there are circumstances where it is not always obvious and there are also situations where two or more parties are held partially liable for an accident.
What To Do If You’ve Been In A Car Accident
Under the Road Traffic Act 1991, a driver should stop whether or not the accident was their fault if anyone, other than themselves, is injured (this includes an animal) and/or where there has been damage to property, other than their own.
The driver must provide their name and address, together with the name and address of the owner for the vehicle where this is different, and the registration number for the vehicle.
If a driver does not give their name and address and/or produce a valid certificate of insurance if asked, at the scene of the accident, they are required to report the accident to the Police within 24 hours (or as soon as practicable) and supply the certificate to a Police station within 7 days.
If you are in doubt about reporting an accident, then it is advisable to contact the Police and be guided by them.
The driver should tell their own insurers about the accident as soon as possible. Delays in this regard could cause issues with indemnity for the accident.
Accidents Involving Uninsured/Un-Traced Drivers
Where the driver at fault is not insured or is un-traced, a claim for injuries and/or damage can be made to the Motor Insurers’ Bureau.
Certain criteria need to be fulfilled in order to be successful in a claim; this includes reporting the accident to the Police within 5 days if claiming for damage, or 14 days if claiming for injury.
Evidence Gathering
Following an accident, you may want to request the contact details of drivers and/or pedestrians that have witnessed the accident.
This may help you to evidence the circumstances of the accident at a later point should there be a dispute. It may be appropriate to take photographs of the damage to your vehicle and the other driver’s vehicle.
You may also want to look around you to check whether there is any CCTV which may have captured the accident.
The Police may take witness statements and prepare a report of the accident. The extent of the report will depend on the seriousness of the accident. With accidents of a more serious nature, the Police may complete more detailed reports involving specialist collision investigation teams.
Seek Professional Advice For Injury
It would be prudent to seek the advice of a medical professional to assist you to recover from your injuries. This will also mean there is an entry in relation to your injuries contained within your medical records.
You should seek specialist legal advice as you may be able to make a personal injury claim. If you are unable to work and thus suffering financially as a result, a solicitor may be able to secure an interim payment to keep you going financially whilst your claim is progressing.
It is advisable, however, to pre-empt these difficulties and start the ball rolling with your claim as soon as possible. It should also be borne in mind that time limits apply to bringing a claim for personal injury, and enquiries should be made with a personal injury solicitor as to what time limits apply to your claim.
For more information, please contact a member of our team of personal injury specialists using our online contact form or telephone 0800 024 1976.