Being in a road traffic accident is an unnerving and unfamiliar experience for most. Although the shock may settle in quickly it is important to think clearly during these situations as your immediate actions may have knock-on legal consequences. Firstly, some safety tips are:
- If it is drivable, move your car to a safe distance but do not leave the accident scene.
- Check to see if anyone is hurt and call emergency services as necessary.
- Contact the police and enquire if they need to send an officer to review the accident.
After you’re sure you and others are safe some key points to remember in this situation are:
- Do not admit fault at the scene. This can have significant implications if brought up during later proceedings.
- Exchange names, contact numbers and insurance information with the other drivers. If possible, get details of any witnesses to the incident. If a party refused to give you their details then information can be retrieved through their vehicle registration number.
- Make sure you inform your insurer about the incident at the earliest possible time, even if you don’t intend to claim. Failure to do so may invalidate your cover. This will also allow up-to-date information on your well-being and your vehicles condition that may be useful at a later date.
- If someone is injured, show the attending police your insurance certificate or cover note at the scene. This will allow them to take note that, regardless of blame, that you are appropriately insured. If you don’t have these documents at the scene then take them to the police station within seven days.
- Take photographs of the incident for reference as you may be able to rely on them as evidence should you need to make a claim.
What if the driver isn’t insured or can’t be identified?
If the other driver(s) have no insurance you may still be able to claim on your own if you have comprehensive cover. Additionally, the Motor Insurers Bureau may be able to settle your claim even if the other driver is uninsured.
However, you will be unable to make a claim if you are an injured passenger of an uninsured driver and you know, or reasonably should have know, that they weren’t insured.
Can I have my car repaired?
Seek written permission from your insurer before commissioning the repair work for your car. They may wish to document the damages in order to further your claim before repair work starts or even use their approved repair service. This should again seek permission to have repair work done even if they tell you to seek your own estimates.
Additionally, you may need to pay some of the repair cost if the vehicle is in a better condition after the repairs than it was before the incident.
What if my car needs to be written-off?
If the damage of your car is so severe that it would be uneconomical for your insurer to repair it then it will be “written-off” and you should be offered your car’s market value at the time of the accident.
If you wish to dispute the amount you’re offered you will need to provide the insurer evidence that the vehicle is worth more. Evidence for this may be taken from similar local cars for sale in the area or from an independent qualified engineer.
Your insurer must get your consent to process your written-off car for scrap. Should they fail and decide not to settle your claim then you are entitled to claim the salvage value of the vehicle.
What’s Next?
Following the incident, there are several different routes to take depending on individual circumstances. The above points will provide you some piece of mind that you are in a good position regardless of what steps are next.
Road Traffic Claims Lawyers in Glasgow, Scotland
At McCarthy Law, we can give advice on all aspects of road traffic accident claims. Contact us today by calling 0141 337 6678 or by filling out our enquiry form.