Unfortunately, the vast majority of us will be involved in a road traffic accident at some stage in our lives. It is important to know what to do in this situation. Many of the suggested points are obvious and are included only for the sake of completeness!
We would suggest that you follow the guide below;
1. Stop the car and turn your engine off.
2. Do not accept liability.
3. Record the following information-
-Other driver’s name, address and vehicle registration;
– The make and model of the other vehicle;
– A description of the driver;
– Their insurance details (if they have them);
– Location of your accident;
– Time of your accident;
4. Take photographs of your vehicle and the other vehicle;
5. Phone the Police if you are injured and record their reference number.
6. Phone Boyd Rice Solicitors for advice on what to do next.
How we help you.
The reason why we suggest you contact us at the earliest possible opportunity is to enable us to provide you with advice on liability. Liability just means who is at fault for the accident.
Liability can be decided in three ways;
1. 100% the other driver’s fault
In this case, if you are injured, you may be entitled to compensation. If you are not injured then your main concern will be getting your vehicle assessed and securing a replacement vehicle. We can do this for you and in doing so will always strive to ensure that your insurance is not affected, even temporarily, by the accident. One of the biggest issues that people have after an accident is having the hassle of making a number of phone calls to their insurance company. We will take the hassle away from you.
2. Partly your fault (split liability)
This is where it gets tricky and the advice of a Solicitor is imperative. Liability is divided between you and the other driver, usually on a percentage basis. In the absence of any independent witnesses to the accident it is commonplace for your insurance company to try to split liability with the other driver’s insurer. Many of our clients approach us when their insurer has suggested that liability should be split. This is the easy way out for them. A liability split will mean that your premium will go up.
Our previous case studies demonstrate that we can take the decision making away from your insurance company. We will always put you first and seek full liability against the other driver even if that means taking the case to Court.
3. 100% your fault
In this scenario we will give you advice on what to do next. If you have the benefit of fully comprehensive insurance cover this simply means speaking to your insurance company and letting them deal with the accident. Always best to speak to us first in any event.
Consequences of road traffic accidents.
1. A damaged vehicle/ a vehicle that will be “written off”
Almost all accidents will lead to vehicle damage. Your vehicle will be assessed by an engineer to determine whether it can be repaired. If the cost of repairing your vehicle is greater than its pre-accident value then your vehicle will be declared a “total loss” and will be “written off”. Your insurer may make you pay your insurance excess to the repairing garage or the excess could be deducted from the cheque you receive in respect of the pre-accident value of your vehicle.
If the accident was not your fault your insurance should not be affected at all and you should not be out of pocket. Ring us before your insurance company.
If you drive a relatively new car, it may depreciate in value after an accident. We can arrange for an assessment to be carried out by an independent engineer to determine whether depreciation applies. If it does, you are entitled to compensation in that regard.
Soft tissue injuries often referred to as “whiplash” are commonplace after a road traffic accident. If the accident was the other driver’s fault or even partially the other driver’s fault you may be entitled to compensation. We will arrange for you to be examined by a medical expert in order to support your claim for injuries. The expert will provide us with a report detailing your symptoms and we will send you a copy of the report. If you require physiotherapy we can recover the cost of this on your behalf.
3. Loss of earnings
You may need time off work as a result of the accident. We will liaise with your employer to calculate any loss of earnings and will recover these on your behalf. Even if you receive full pay there may be a clause in your contract entitling your employer to recover the wages advanced to you during your absence from work. Again, we will liaise with your employer to determine whether this applies.
To conclude, being involved in an accident will always cause stress/ inconvenience and unfortunately injuries are commonplace. Boyd Rice Solicitors have an experienced team of Solicitors who will always put you first. Speaking to us at an early stage (even before your insurance company) will take the majority of the stress and inconvenience away from you enabling you to concentrate on getting over the actual shock of being involved in the accident.
We always answer any queries within 1 hour and can facilitate home meetings or meetings outside of normal working hours.
We are on your side.