Your Legal Rights
What the Law Says
Having a car crash is one of life’s most unpleasant experiences and it will be even more unpleasant if you don’t follow the legal basics after an accident. An insurance claim depends on reliable information and certain things being done properly, and it could be costly to your future driving experience if you forget basic things.
Also, a word of warning, do not always believe the person who might appear trying to help you after an accident, but is trying to get you to forget something, or to take the blame for something that was not your fault. In these situations, be polite and firm. Above all, know your own mind and don’t be intimidated by those around you who might be very persuasive, or aggressive.
Who’s To Blame?
Okay, this is one of the thorniest issues when having an accident and you must be careful not to admit blame, or blame someone else. If you accept blame, then your insurance company won’t thank you for it and you will be doing yourself a major injustice. In an emotional state following an accident, you cannot be expected to give a completely rational view of what happened. Your are inevitably emotionally involved and that is not a good state in which to give opinions. You can provide facts and make a note of facts, but you should not make judgments.
And don’t offer such judgments to the police either. Provide the facts only. If it is a serious accident, then they will employ highly trained officers to make an assessment of the accident scene. They are experienced and technically proficient as regards road traffic accidents. You are not, so stick to the facts.
That includes taking pictures, drawing diagrams, or making notes. Be sure to get as much information as possible.
Do I Need to Stop?
Firstly, it is always best to stop, so that you understand what has happened and how it might affect you. In the eyes of the law, you are obliged to stop if:
- someone is injured (apart from you);
- someone else’s vehicle is damaged;
- someone else’s property is damaged;
- an animal is injured on the road;
- an animal is injured in one of the cars (apart from yours);
- the road, or items (known as street furniture) surrounding the road are damaged.
If you do stop, then you have to wait and stay with your vehicle, giving everyone else who was involved in the accident the chance to ask for your details and provide theirs. When providing your details, you are required to give your name and address, and your car’s registration number. If the car is not yours, then you have to provide the number of the person whose car you were in at the time.
When do the Police Get Involved?
Only if you were not able to give your details at the scene of the crash, or if it was a serious accident, when you, or someone else will have called them to attend the scene.
Just remember that if you decide to go to the police instead of leaving your details, you must do so within 24 hours of the accident.
I’ve Been Asked for my Insurance Certificate
Most of us don’t carry their insurance details with them, but they usually form a key part of any subsequent claim, so providing your certificate afterwards is quite normal. Often the police will need to see your certificate within seven days of the accident, but if you carry it on you, and have correctly provided your details, then the police don’t need to see it.
Accidents Involving Only Damage
If there is no other car, or person involved, but you damaged something belonging to someone else (say a wall, or part of the road) then don’t immediately assume you don’t have to report the accident. In these cases, you should contact the police and they will let the owners of the property know of the accident, and they will contact you if they have a claim against you.
Should I Tell My Insurance Company?
Yes, always, because if you don’t tell them what happens to the car you insure, then it could invalidate your insurance in their eyes. Always play on the safe side.