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Road accidents - claims, rights and legal duties

Accidents when driving your car, riding your motorbike, on your bike or simply crossing the road happen to anyone. Whether they're your fault or not, and whether or not you, or others are injured, they're a nerve-racking experience, but you need to be aware of your legal responsibilities. 

It is also worth noting that if you, or one of your passengers, do happen to be injured in an accident your insurance company will not pursue this matter for you - even if you have paid an additional sum for 'Legal Expenses Insurance' (LEI) or 'Uninsured Loss Insurance'. If you have LEI they will pass the matter on to a firm of solicitors who they have chosen. It is worth noting that despite what you may be told you do NOT have to instruct their solicitors to pursue your claim. You can instruct any firm of solicitors to deal with the claim for you, but find a find that know what they are doing and avoid the claims managers - they are just middlemen.

If you are unlucky enough to be involved in an accident then here is our checklist of the legal 'do's and don'ts'.

  1. Always stop after an accident.
  2. Check for damage to your vehicle, any other vehicles involved and any injuries to people or animals.
  3. Exchange details, including name, address, telephone number, vehicle registration and insurance cover (if available) with others involved.
  4. If you do not stop, or cannot provide any details, then you should report the accident to the police within 24 hours. If someone has been injured, their property damaged or an animal injured then you MUST report it if you could not provide all the relevant details at the accident scene.
  5. Make sure you have a note of the other people involved and their vehicles (colour, registration, make and model).
  6. If there were any witnesses to the accident make sure you have their contact details too.
  7. If possible try and make a note of the precise location of the vehicles before any are moved.
  8. If you have any worries, doubts or concerns then you should call the police and ask them to attend. 
  9. As soon as you can after the accident sit quietly and write out your recollection of exactly what happened.
  10. Report the accident to your insurers.
  11. If you or any of your passengers were injured in the accident then you/they should attend a doctor at the earliest opportunity and consider making a claim. Note that you do not have to use any solicitors who may be appointed by your insurers under any legal expenses insurance scheme. We would suggest you choose your own.
  12. Do not make any admissions about liability for the accident either at the scene or later.
  13. If the police are called and you think that you may have been at fault, ask if you can arrange to give a statement at a later date. You can then prepare yourself properly, and also instruct a solicitor if necessary.

Information supplied by and copyright Road Law (www.road-law.co.uk), part of LAW on the WEB UK Ltd



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Created: 09/03/2005  Updated: 09/03/2005
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