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Road Traffic Accidents FAQs

Do I have a claim?

The answer is probably 'Yes', if:

  • You consider that someone else is responsible for your accident, even if you were partly to blame, and;
  • You have sustained some loss or damage to your property and / or suffered an injury, and
  • The accident happened within the last three years
  • The legal technicalities are complicated and so you should consult a solicitor even if all three of the above criteria apply.

Contact us and seek specialist advice from one of our road traffic accident lawyers. You can either fill out our online enquiry form, request a call back or call us direct on 0800 915 4650.

Do I have to stop?

Yes, the Law requires you to stop, regardless of whether you are to blame when you are involved in a road accident and:

- Anyone, apart from themselves, is injured
- Any damage is caused to any other person's vehicle or property. This includes: an animal, street signs or lamps etc. (An animal includes a horse, cow, sheep, pig, goat and dog but not a cat.)

What information must I give?

If you are involved in an accident you should give to any person that has reasonable grounds for asking:

  • your name and address
  • if you own the car, then you should also provide full details of your motor insurance (including the name and policy number of your insurer and the period of cover)
  • if the car is not yours (for example, a company car) you should give the name and address of the owner

What if I am partly to blame?

You may still be entitled to compensation, even if you think you may be partly responsible for the accident. The law does not require a claimant be entirely innocent. It is only necessary to establish that someone else has a meaningful degree of responsibility for the accident.

In the unlikely event that your claim were to proceed to a trial on liability and the court finds that you were partly at fault, it will first assess the full value of your entitlement to compensation and only then consider the extent that it would be just to reduce it, having regard to your share of blame. For example if a party is held to be 20% to blame for the accident, that party would usually be entitled to 80% of the full value of the claim and the costs of pursuing the claim in full.

What should I say at the accident scene?

Do not discuss the accident circumstances if you think you may be accused of being wholly or partly to blame. Provide your personal details (see above) but DO NOT ADMIT RESPONSIBILITY for the accident. Most motor insurance policies prohibit you from making any such confessions and doing so may compromise your insurance cover.

What if I did not stop?

If you know you are involved in an accident and you do not stop, you must report the accident as soon as possible; certainly within 24 hours at the very latest. Failure to do so is a criminal offence.

Should I report the accident to the Police?

If you have not given your details to the other party, or any other person who has reasonable grounds for asking for your details, then you must report the accident within 24 hours.

What if the other driver does not stop?

Try and get the vehicle registration number, make and colour of the other vehicle. Write this down and inform the Police as soon as possible. Failure to report the accident could disentitle you from recovering any compensation from the Motor Insurers Bureau.

Can I trace the other driver?

This is usually possible, due to an increasingly sophisticated use and exchange of information held by a number of organisations and agencies. Your chances are best if the registration number of the vehicle responsible is known and the police informed promptly.

Who must I notify?

In addition to notifying the Police, if appropriate, you must of course notify your own insurance company and, if appropriate, the vehicle owner. You must contact your insurers even if the claim was not your fault; even if you do not intend to make a claim under your own insurance policy. Failure to inform your insurers may have serious repercussions: you may lose your insurance cover against any third party's claim.

What information should I get from the other party?

You should make sure that you note down:

  • The name and address of the driver responsible for the accident,
  • The registration number and make of the other vehicles involved
  • Details of the owner and the address of the owner, if different from the driver
  • The responsible driver's insurance details: including the policy number and period of cover if available.

What if the other party fails or refuses to provide me with their insurance details?

Unless this information has been provided at or shortly after the accident, you should report this to the Police as soon as possible. Failure to do so may prevent you from claiming compensation from the Motor Insurers Bureau, in the event that the responsible party is uninsured.

What should I do immediately after the accident?

Much will depend on the circumstances of the motor accident.

If you are fortunate enough not to be seriously injured, as soon as you can reasonably cope you should try to record as much information as possible before the parties involved disperse. See 'What information should I get from the other party?' above.

In addition to exchanging your personal and insurance details, you should try to obtain:

  • Contact details of any witnesses and a brief note of what they heard and saw;
  • If you have a camera, photograph the accident scene; paying particular attention to recording the resting position of the vehicles before they are moved if this is likely to be important (or prepare a sketch plan as soon afterwards as possible)
  • Write a description of what happened, including any admissions made afterwards, again, as soon as possible after the accident ;
  • If the circumstances of the accident are likely to be disputed, try photographing the accident damage to the vehicles;
  • Details of any police officers attending the accident;

Your physical and mental condition will of course be your paramount concern. Even if your injury appears to be relatively minor it is always wise to consult a doctor, either at a local surgery or hospital: insist on being properly examined.

What if I am injured?

Even if your injuries are relatively minor, it is important that you should visit your general practitioner to confirm your injuries and to ensure that you receive appropriate treatment and advice on how to alleviate any continuing problems. Sometimes your symptoms can take time to develop, and this is why it is important to consult a doctor as soon as an injury becomes clear. It is important to maintain your own weekly record of your symptoms and recovery.

Can I continue my journey?

Once you have exchanged names and address and have obtained details and notified the Police, if present, you should then check to see if your vehicle is driveable. If the Police are called to the scene they will often be able to advise you about this. You must bear in mind that not only must the vehicle be driveable but it must also be legally roadworthy. For example, driving in the dark with broken indicator lights is committing an offence. If in doubt, it is best to ask or not drive your vehicle. However ensure that, if you leave it, it is left in a safe place and arrange for it to be towed away.

Who will pay my compensation?

Although it is necessary to direct a claim against the party at fault, in reality it is that party's compulsory motor insurers who actually pay the claim and your legal fees. Accordingly, there is little cause for concern even if the driver responsible is a relative or you suspect may have insufficient funds to satisfy your claim. In the case of an uninsured driver, the claim is met by the Motor Insurers Bureau. The Bureau is an agency set up by the government to deal with such claims.

How long will my claim take?

Although no two claims are the same and it is difficult to predict how long an individual case will take, many claims settle within 6 to 8 months. It is not usually possible to settle an injury claim until such time as there has been a full recovery or the symptoms have stabilised and their outlook known. Clearly for serious injuries it can take some time to understand the full significance of the injuries. It is for that reason that we are able to obtain interim payments during a case for our clients to enable them to start their rehabilitation, to purchase aids and equipment and to make adaptations to housing where necessary.

Contact us and seek specialist advice from one of our road traffic accident lawyers. You can either fill out our online enquiry form, request a call back or call us direct on 0800 915 4650.

Will I have to attend a court hearing?

Less than 5% of all injury claims to proceed to a trial on liability. Most claims are settled by negotiation without either party ever having to attend court.

Will I lose my no claims if the accident was not my fault?

No. If the accident was not your fault then you should be able to recover any uninsured losses, together with compensation for any injuries you sustained from the other party's insurers. If you have comprehensive insurance cover your own insurance company should be able to recover their outlay (i.e. the cost of repairs to your vehicle) from the other party as well. Once a full recovery has been made by the insurer, your "no claims" bonus should be reinstated in full.

The accident was partly my fault, can I still claim?

Yes, provided you are not entirely to blame and a meaningful degree of blame can be attributed to another party.

What can I claim for?

You can claim compensation for:

  • Your injury
  • Any losses and expenses incurred
  • Any continuing losses and expenses
  • Damage to your property

If you have comprehensive motor insurance, most of the damage to your vehicle will be met by your insurers, in the first place. These are known as your 'insured losses'. Your 'uninsured losses' represent the remainder of your claims, those losses that have not been paid by your insurers.

Contact us and seek specialist advice from one of our road traffic accident lawyers. You can either fill out our online enquiry form, request a call back or call us direct on 0800 915 4650.

What are my 'uninsured losses'?

Uninsured losses include a wide range of items. Below is an example of some of the items you can include:-

  • Compensation for your injury;
  • Any policy excess;
  • The pre-accident value of your vehicle, if it is written off;
  • The cost of repairs;
  • Towing and storage charges;
  • Damaged clothing and personal effects
  • Loss of earnings;
  • Hire car charges and or additional transport expenses;
  • Compensation for the inconvenience of being without your vehicle;
  • Telephone calls and postage;

If you have been hurt, even if this is only a slight injury, you will also be entitled to compensation for the pain and injury, and any loss of amenity that you have suffered. 'Loss of amenity' compensates you for your inability to do things that you could do before the accident, such as gardening and DIY tasks. 'Injury' includes physical or mental harm. There is a wide range of additional uninsured losses that can flow from the injury itself. This includes:

  • The cost of medication, treatment and equipment
  • The notional value of care and help provided voluntarily, often by family or friends
  • The cost of nursing and other care provided privately
  • Loss of future earnings or compensation to reflect the loss of earning capacity

Such a claim for uninsured losses and/or personal injuries is known as a "claim for damages". The idea of damages is supposed to put you back in the same position as you would have been had the accident not occurred.

Always maintain a detailed record of your expenses, as they are incurred. Retain any receipts in an envelope or folder set aside specifically for this purpose.

My car is unroadworthy and undriveable; can I hire a replacement?

If the accident was not your fault, you should be able to claim for the cost of a hire car to cover the period when your car was off the road for repairs (provided no courtesy car was available) or until you are able to purchase a replacement if your car was written off. There are credit hire companies that operate but the right to hire a car must be carefully looked at and you must keep the extent of your claim to a minimum.

I have not hired a car but can I claim for the inconvenience of being without transport?

Yes, you can claim for the inconvenience of not having a car and how much you can claim depends upon how much you used your own vehicle and how much public transport was available.

I have comprehensive insurance. Do I have to accept the offer for my vehicle?

If your vehicle is written off, you will be offered the pre-accident value of your vehicle. This should reflect the market value of your vehicle immediately prior to the accident. The compensation should be sufficient to restore you to the same position you would have been in but for the accident. If you feel that the offer is unsatisfactory, you can argue this with the insurance company. You will be probably have to support your valuation with evidence such as car adverts from local papers or Auto Trader and proof from garages that the amount they are offering you is too low.

Accident Repairs; how can I ensure that I recover the cost?

If you have comprehensive insurance, your insurers are likely to take this on hand for you by arranging for your vehicle to be towed to one of their authorised garages. Your insurers will meet the towage and repair bills, subject to any policy excess.

If you do not have comprehensive cover, then the primary responsibility of organising the repair will remain with you. Even so, where the another party is clearly to blame, you are likely to be contacted by their insurers, who may offer to take the transport, storage and repair of your vehicle in hand on your behalf. You are not obliged to accept this proposal if you can make your own arrangements for at an equivalent cost.

You can only recover your reasonable expenses. Accordingly if you are arranging for the repairs yourself:

  • Obtain at least three written quotes for the repairs
  • Limit the repairs to the market value of the vehicle
  • If storage charges are accruing, ensure that the repairs are undertaken as quickly as possible, or that the vehicle is disposed of promptly, in order to limit the charges
  • Agree to any of any interested insurer having access to inspect your vehicle

If liability has not been admitted or is likely to be disputed and the nature of the accident damage might have some bearing on how the the accident occurred, then it is often helpful to have photographs to record these details.

What if the other party is uninsured?

Unfortunately, there are inevitably situations where a responsible driver is uninsured. You should still to be able to present a claim to the Motor Insurers' Bureau. However, the Motor Insurers' Bureau will deduct the first £300 from any property damage claim that you make against them.

You should always report an uninsured driver to the Police. If they bring proceedings, you will need to ask the Police for a compensation form which will be completed. When the other person is prosecuted and taken to Court, the Court should give serious consideration to making a compensation order for you for any uninsured losses and out-of-pocket expenses that you cannot recover elsewhere. Such compensation order should be considered in preference to a fine i.e. before the person is fined.

Should I seek compensation in Criminal Proceedings?

Where the driver responsible is charged and a prosecution brought, it is possible for a victim to seek compensation within the criminal proceedings. Only rarely will this ever be a worthwhile or adviseable, such as where the claim is limited a small amount of property damage. It is generally advisable to pursue any significant claim, especially one where involving an injury, within the civil court system where the burden of proof is less onerous and the level of award is generally much higher.

Contact us and seek specialist advice from one of our road traffic accident lawyers. You can either fill out our online enquiry form, request a call back or call us direct on 0800 915 4650.

Do I need motor insurance?

You must be insured if you use a vehicle on a road or other public place.

Why must I have motor insurance?

Motor insurance is a statutory requirement specified in the Road Traffic Act 1988. It safeguards compensation for those who are injured or who suffers damage to property.

How much does it cost?

The cost of varies enormously depending on the type of vehicle, where it is usually driven or kept, the age and driving history of the driver, the type of cover and the use required for that the vehicle.

What affects the cost of insurance?

Insurance companies price their products according to the risk that an application poses. In assessing this risk, insurance companies will consider a range of factors including your age, driving record, previous insurance claims, the type of car being used, where you live, and so on. If you are involved in an accident you will need to recover your insurers' outlay, otherwise your no claims discount will be affected.

What is a no-claim discount?

This is a reduction in your premium in return for you not making a claim, also referred to as a no-claim bonus. Over a period of years in which the discount is earned (usually four or five), it can lead to as much as a 75% reduction in the cost of your insurance and will follow you even when you change insurers.

Many insurers offer no-claims discount protection for an additional charge. This means that even if you make, say, two claims in a three-year period you will be able to retain your no-claim discount. Again, this practice varies from company to company. Note that it is the discount that is protected - your premium may still increase depending on your claims history.

What is a policy excess?

This is an amount agreed between yourself and the insurer that you will pay if there is a claim. Generally this varies between £100 and £250 and can often be negotiated - the more you are prepared to pay, the lower your overall insurance premium will be. A compulsory excess will invariably apply while the car is being used by an inexperienced driver.

What happens if I am involved in an accident with an uninsured motorist?

Any accident with an uninsured driver should be reported to the police. You should also report any accident to your insurer who will advise you further as regards any claim. Additionally, the Motor Insurers' Bureau (MIB) was established in 1946 to ensure that compensation is available to the innocent victims of uninsured drivers or hit and run (untraced) drivers. Further information can be found on the MIB website (www.mib.org.uk)

Contact us and seek specialist advice from one of our road traffic accident lawyers. You can either fill out our online enquiry form, request a call back or call us direct on 0800 915 4650.