What to do if you are involved in a car accident

Not sure what to do after a car accident? Our guide explains the steps you should take if you are involved in a road accident in the UK or abroad.

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What should I do after a car accident?

If you are involved in a car accident, taking the proper steps will help ensure your safety and protect your right to claim compensation. This guide will explain in detail what you should do following a car accident.

Staying calm and gathering evidence at the scene is crucial. The more details you collect, the stronger your claim will be, helping you to secure compensation for your pain, suffering, and financial losses.

To learn more about your legal rights, do not hesitate to call 0800 470 0474 today or enter your details into our contact form to request a call back.

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    What to do after a car accident?

    Unfortunately, car accidents are not uncommon, and they can result in severe injuries and property damage.

    If you have been involved in a car accident, there are certain steps you must take to make a successful car accident claim, no matter how severe the incident. The main steps are:

    Stop safely

    You should always stop after an accident, no matter how minor it seems to you. Failing to do so is illegal under the Road Traffic Act 1988 and could even result in prison time.

    Keep calm and find a safe spot to stop so that you do not block traffic. Then, turn the engine off and turn on the hazard lights so that you are more visible to other road users.

    However, if the accident is severe and the vehicles have significant damage, you should leave them where they are and move to a safe location asap.

    Call the emergency services

    When it is safe to do so, check if you or anyone is injured and call 999 if you need immediate help. You should also call the emergency services immediately if:

    • The vehicles are blocking the road and cannot be moved
    • An animal has been injured or killed
    • The other driver has left the accident scene
    • You suspect the accident is a scam to make a fraudulent insurance claim
    • There is a fire, fuel leak, or other hazards
    • The other driver is aggressive, intoxicated or refuses to give you their details

    If you do not need immediate assistance but the accident still needs reporting, you should call the 101 police number instead.

    Exchange information

    If you have been involved in an accident, one of the most important things you must do is exchange insurance details. You should gather the following information:

    • The full name and address of any other drivers involved
    • Their insurance information and details, including the insurance company name and policy number
    • Their driving licence number and number plates of the cars involved
    • Details of the registered owner of the vehicle, if other than the driver

    If witnesses were present at the time of the accident, you should also make a note of their names, addresses and contact details.

    If you hit a parked car, you should leave your details on a note where the other driver can see it or call the police on 101 and report the incident.

    Gather evidence

    Recording as many details as possible at the accident scene can help you prove who was at fault and support a potential claim for compensation. You should:

    • Make a note of the description of each vehicle involved in the accident, such as its colour, make and model.
    • Take photos or videos of the position of the vehicles and the damages sustained in the accident from all angles.
    • Take pictures of the licence plates of all the involved vehicles and any skid marks, road conditions or traffic signs nearby.
    • Take photographs of any visible injuries.
    • Write down key details such as the date, time and location of the accident, as well as the driving conditions.
    • Look around to see if any CCTV or dash cams might have recorded the accident.
    • Sketch the accident scene and write down as many details as you can remember about how it occurred.
    • Take note of the exact location where the accident took place.

    Report the accident

    You must inform the police immediately after the accident if you have suffered injuries (within 24 hours). You must also involve the police if it was a hit and run case or the driver left the scene without providing insurance details.

    If you have exchanged details with the others involved and nobody was injured, you do not need to inform the authorities.

    On the other hand, you should inform your insurer about the accident and provide any relevant details, no matter how minor.

    Get medical attention

    You must get medical attention as soon as possible as well. Even if the injuries appear to be minor, you must get them examined in a hospital or at your GP surgery. This will ensure your injuries and the cause are recorded in your medical records, which are crucial if you later decide to make a claim.

    Speak to a solicitor

    If you have suffered injuries in a car accident, it is important to seek legal advice as soon as possible. This is because there are strict time limits for making a personal injury claim.

    They will assess your case’s strength based on the information above and determine whether you are entitled to compensation.

    Keep in mind that you should not apologise or admit fault at any time, as this can cause problems when seeking compensation. It will be up to the defendant’s insurer to prove their client was not at fault if you make a claim against them.

    Do I have to report a car accident?

    If you were involved in a road accident, you should typically report it to the police within 24 hours unless:

    • Nobody was injured.
    • You have exchanged details with the other parties involved.
    • There are no allegations of driving offences.

    Under certain circumstances, you must immediately report a car accident to the police. For example:

    • If someone suffered severe injuries or is in danger.
    • A serious offence has been committed.
    • The accident has caused a dangerous road obstruction or blockage.

    Informing the police is a legal requirement, and failing to do so can result in various repercussions. These include fines, penalty points on your license and even prison.

    You should always report an accident to your insurer, no matter how minor it was, even if nobody was injured. Most car insurance companies expect you to inform them within 24 hours of the accident, but you should check your policy to be sure.

    If you fail to do this, your insurance policy may be cancelled for non-disclosure, and no damages will be paid if the other party decides to claim against you. Also, you may be charged a higher premium in the future or find it harder to get insured altogether.

    What if the other driver left the accident scene or is uninsured?

    Having compulsory motor insurance and stopping after an accident are both legal requirements. However, not everyone complies with the law.

    According to statistics, there are an average of 300,000 uninsured vehicles on the road each day. Also, hit and runs make up a considerable percentage of overall collisions.

    Even if the other driver flees or is uninsured, you still have the option to claim compensation. In this case, you can claim through the Motor Insurers Bureau (MIB).

    The MIB is an independent, non-profit organisation funded by UK insurance companies, which contribute a portion of every motor insurance premium. This allows it to provide compensation in cases where the at-fault driver is uninsured or untraceable.

    Before starting a claim with the MIB, you must first notify the police and your own insurer. Also, it would help if you could provide as much evidence as possible, such as the type and colour of the other vehicle, its registration, and the direction in which a fleeing driver was travelling.

    The MIB will investigate your claim and determine whether the other driver was at fault. You are expected to cooperate with the investigations and provide all the information needed from you.

    If your claim is successful, you will be compensated for your injuries based on the Judicial College guidelines. You can also claim any financial losses and expenses incurred due to the accident.

    How can I protect myself from a fraudulent insurance claim?

    Insurance fraud is a growing problem. Many crash-for-cash claimants arrange accidents in order to make a fraudulent claim, usually by breaking unexpectedly or purposely crashing into you.

    Being falsely accused of causing an accident can lead to increased premiums, financial losses, or legal trouble. However, there are a few steps you can take to protect yourself from such claims:

    • Install a dash cam that preferably records both the road ahead and behind;
    • Take special care at junctions, roundabouts and in stop-start traffic;
    • Always leave enough space between you and the car in front of you;
    • Keep your distance if you notice someone’s brake lights are not working;
    • Immediately report a suspected fraud to the authorities;
    • Take clear photos and videos of the accident scene, vehicle position and damage.

    Taking these steps makes you less likely to be the victim of a fraudulent insurance claim.

    What should I do if I have a road accident abroad?

    If you are involved in an accident in most European countries, your UK motor insurance provides the minimum third-party cover. While the process for making a claim may be slightly different, the key steps remain the same.

    Following your accident, you should ensure your safety and the safety of others, exchange details with other parties involved and gather as much evidence as possible.

    While the language barrier could make things more complicated, you should ask for the contact details of any witnesses and report the incident to the police. You should also tell your insurance provider about the accident within 24 hours.

    If you have European breakdown cover, you can also call your provider for assistance.

    Will I be able to make a personal injury claim following a car crash?

    The easiest way to find out if you can make a car accident claim is through a free case assessment from a specialist solicitor. They will ask you a few questions about what happened to determine whether:

    • Another driver owed you a legal duty of care.
    • They breached this duty through negligence or carelessness and caused an accident.
    • You suffered injuries and other losses as a result within the last three years.

    Under the Road Traffic Act 1988 and the Highway Code, all drivers have a legal duty of care to drive safely and responsibly to avoid causing harm to others. A breach of this duty and the damages caused to you will be established based on the available evidence.

    If these elements can be proven, your solicitor will help you start a claim on a no win no fee basis. You will not have to pay any legal fees upfront or if you lose the claim, which gives you peace of mind throughout the process.

    You may be entitled to claim even if the accident happened partially because of you. In this case, however, your compensation would be reduced to reflect your part of the blame. This is known as contributory negligence.

    What evidence will I need to make a car accident claim?

    If you’re involved in a road traffic accident, you need as much evidence as possible to win a personal injury claim for compensation. Essentially, you must be able to prove how the accident occurred, who was at fault and how it has affected your life. You could use:

    • Photographs or videos of the scene of the accident;
    • CCTV and dash cam footage, if available;
    • Pictures of your injuries and property damage;
    • Statements from witnesses who saw what happened;
    • Medical records that show the type and extent of the harm you suffered and your prognosis;
    • Witness testimony from medical specialists or accident reconstruction experts;
    • Your testimony regarding the accident and its impact on your life;
    • A copy of the police report if the authorities were involved;
    • You also need evidence of related financial losses and expenses.

    Your solicitor will help you gather all the evidence you need and don’t already have to ensure you have the best chances of making a successful claim.

    How long do I have to claim compensation for a road traffic accident?

    The Limitation Act 1980 imposes a three-year time limit to start a claim following a car accident. After three years, your case will no longer be valid.

    There are a few exceptions to this limitation date:

    • If you become aware of your injuries later, as is often the case with whiplash, the time limit begins from the date of knowledge.
    • You can make a child injury claim at any time before the child’s 18th birthday. Afterwards, they have until 21 to seek compensation themselves.
    • If the injured party cannot claim under the Mental Capacity Act 2005, the time limit is suspended, and a litigation friend could represent them at any time.
    • If you lost a loved one following a road accident, you could start a claim within three years after their death.
    • If you want to claim for an accident abroad, the time limit may vary from country to country and be shorter than three years.

    How much compensation could I get for a car accident injury?

    The amount of compensation you can get for your accident is calculated based on two types of damages that have resulted from it:

    • General damages will cover your pain, suffering and loss of amenities. These include physical pain, mental distress, impact on hobbies, scarring and loss of enjoyment of life.
    • Special damages cover all the related financial losses and expenses, such as lost wages during recovery, private treatments and care costs.

    Each case is unique and can result in various compensation awards. You can use our online calculator to get an idea of how much you could be entitled to in just a few minutes.

    To find out if you can make a claim following a car accident, call 0800 470 0474 or enter your details here for a free case assessment.