Action Following Road Traffic Accidents

These are certainly amongst the most common types of accident - from simple rear end shunts to head on motorway crashes - resulting in personal injury claims. 

You may be the innocent victim of a road traffic accident in a number of ways. Here are a few typical examples :-

• Driver of a car in a collision with another car. Here, you would claim against the third party driver if he or she was at fault.
• Passenger in a car involved in a collision with another car. Here the claim could be against either the driver of your car or the the third party driver depending on who was at fault. Remember, the claim is usually paid by the insurance company of the driver at fault.
• Cyclist injured when falling off a cycle after hitting a pothole in the road. The claim would normally be against the local authority responsible for the road.
• Motorcyclist hit by another vehicle. A claim would be directed to the third party driver at fault.
• Collision caused by driver avoiding a dog not under the proper control of it's owner. The dog owner would be liable.
• Pedestrian hit by a vehicle whilst crossing the road. Depending on fault, the driver may be liable.

If you are injured in a road traffic accident, your personal injury compensation claim would be against the person or organisation at fault and that may be another driver, a motorcyclist or the local authoirty. The claim will usually be paid by an insurance company. Remember, it may be possible to claim even if a driver at fault was not insured or cannot be traced and this would be by making a claim to the Motor Insurer's Bureau.

To succeed in your claim, you must show that the other party was at fault in some way. In the case of another driver, you would have to establish that his driving fell below the standard you could expect of a reasonably skilled and prudent driver and this may be because the other driver :-

• Drove too fast in the circumstances 
• Did not keep a lookout for other vehicles
• Failed to apply his brakes properly or even at all
• Performed an unexpected manouevre without signalling or warning 
• Drove through a red traffic light
• Failing to give way according to road signs

In the majority of road traffic accidents, it will be clear who is at fault and claims will be settled fairly quickly. Where it is not clear, it may be necessary to get the police accident report, if there is one, or expert evidence. Accident Aid will get these for you together with any further evidence which may be required.

If you are involved in a road traffic accident, there are certain steps you should take :-

• Take a note of the third party's name, address and telephone number.
• Note the details of the third party driver's insurance company and policy number (if available)
• Note the make, model and registration number of the third party vehicle.
• Not the details of any witnesses to the accident. Take this action quickly as witnesses are unlikely to stay at the scene for long. Independent witnesses may be crucial where liability is in dispute.
• Call the police if anyone is injured in the accident, the third party driver leaves the scene without providing his details  or you believe a crime may have been committed.
• If you have a camera, take photographs of damage to vehicles, the scene of the accident and, with his or her permission, of the third party driver.
• If you or any passengers are injured, obtain medical advice and treatment from your general practitioner or hospital after the accident. Remember, some injuries, such as whiplash, may not be apparent for some days afterwards.

You will be able to get compensation for injuries, damage to vehicles, clothing and personal belongings damaged. Any out of pocket expenses such as prescription charges and taxi fares will also be recoverable.

If your car is not driveable, we will arrange for it to be towed and stored may be able to arrrange a replacement car for you whilst your claim is being processed even if you do not have the relevant cover on your own insurance policy.

Call Accident Aid. We will usually be able to tell you straight away whether you have a good claim in principle, about any further steps you should take and to arrange a replacement vehicle for you in appropriate circumstances.