Just Had Car Crash -any Advice Re Claim

scheming_gypsy

actually, a slight correction.. the last one i had the police were passing while i was waiting for the RAC to come and tow me home, they just asked for the basic details of what happened but i never got asked to produce documents. Think they just wondered what had happened and were being nosey.

MyUserNamesTaken

I don't think angel's situation is as clear cut as people seem to think. If angel was edging out of the junction slowly and cautiously, her insurance company could argue that the driver of the other vehicle was not driving in accordance with the traffic and road conditions. In other words, in a built up area, where there are side roads and cars parked on corners causing blind spots, drivers must take this into consideration and drive accordingly. The other driver could have been going too fast.


Angel, if I were you, I'd talk to your insurance company. Explain exactly what happened and see what they say. They may push for 50/50 blame on this.

Bossyboots

My boss has had an accident in exactly the same circumstances and the blame has been laid squarely on his shoulders by all the insurance companies concerned. I argued the point with him that the traffic on the main road should have been taking extra care because of the difficulty on the junction and he said that as he was entering onto the road, it was his responsibility. His daughter had an accident for the same reason in the same place and again, the insurers held her liable.

[Deleted User]

You do not need to report it to the police if YOU are the driver *AND* YOU are the only person suffering an injury.

If anyone else is injured, and this includes your passengers - then by law you MUST report the accident.

If there is any doubt as to whether anyone else is injured, and this may include bystanders who are close enough to potentially suffer shock from the incident - report the accident anyway.

You are unlikely to be in a position to know about people in another vehicle -who could later claim various injuries.

Failing to report a reportable road traffic crash is an offence and ignorance of the law wll be no defence.

Many people also do not realise that shock (as in psychological shock) is also classed as an injury.

[Deleted User]

Whatever the circumstances were of the OP's incident - it is a reportable road traffic crash as her boyfriend was injured.

Blame will be apportioned by the insurance company following the police investigation.

angeleyes

MyUserNamesTaken wrote:

I don't think angel's situation is as clear cut as people seem to think. If angel was edging out of the junction slowly and cautiously, her insurance company could argue that the driver of the other vehicle was not driving in accordance with the traffic and road conditions. In other words, in a built up area, where there are side roads and cars parked on corners causing blind spots, drivers must take this into consideration and drive accordingly. The other driver could have been going too fast.


Angel, if I were you, I'd talk to your insurance company. Explain exactly what happened and see what they say. They may push for 50/50 blame on this.

the more the day has gone on the more i do think it was 50;50 as
1) the other driver has no lights on it even though it was getting dark (i did)
2) the other driver was about 100 yards away when he finally stopped so i think must not have been away he hit anything for a while.
3) i was crawling out of the junction.
4) if i couldnt see him as my view was blocked by traffic he had more chance to see me as he was coming straight on. so how aware was he of the roads etc!!!


thanks for all the advice I think yesterday I just auomatically though it was my fault cos i have never had an accident before

just one other thing I phoned the insurance company and they said both my partner and I could claim damages however to clarify I later phoned my actually broker who said I couldn't if I was at fault. (it's not about the money i just want the blame to go where it belongs ie if its me me if it's 50:50 then 50:50 )

thanks again everyone who has replied xxx

Bossyboots

Deleted_User wrote:

You do not need to report it to the police if YOU are the driver *AND* YOU are the only person suffering an injury.

/QUOTE]


Sorry to be a bit thick about this. I was in the car alone so was the only one injured but the accident wasn't my fault. Does the above still apply?

NigeWick

Bossyboots wrote:

I was in the car alone so was the only one injured but the accident wasn't my fault. Does the above still apply?

A crash is reportable if there are allegations and/or driver details, owner if different from driver and insurance details are not exchanged when an injury occurs. If you are saying it's not your fault and want to blame the other driver, it should be reported to the Police immediately, and in any case within 24 hours if there are circumstances that stop you going straight to or contacting the Police to attend. It is an offence to leave the scene of a crash and fail to give all relevant details to "interested" parties.

Nigel.

[Deleted User]

Bossyboots - if you are saying that you were the only person injured and that it was as a result of the OTHER driver - then HE needs to report the accident. As you were injured - YOU should also report it and this should ensure it gets reported. This also covers you if later on the other person claims injury too.

Just to change it slighty and hopefully clarify it better for you - suppose you were driving and you crashed your car into a ditch. You suffer an injury. No one else is involved. Under S170 RTA you do not need to report it to the police. (You only need to report it to police if you have caused any 3rd party damage i.e to the fence surrounding the ditch - but lets not confuse it too much).

It is worth bearing in mind that it is human nature for people to react very differently and to not think clearly when road crashes occur - and once it has been established that the incident is damage only - or minor injury, most people just want to be gone from the scene as they are conscious of holding up the traffic etc..

Also due to initial shock, possibly quickly replaced by anger at or by the other driver etc... people say and do things in the immediate aftermath of the incident, especially if it is not serious and consequently they do not think ahead, and many fail to consider their legal responsibilities. Often people just want to get on their way and despite being reassured by the other driver that 'everyone is ok or fine' , injuries may come to light later. Don't forget that we are now in a 'compensation culture' and this is likely to be more and more the case.

Unless it really is a minor shunt, or if you have any doubt at all about the possibility of injuries coming to light later on - cover yourself and go to the police station with your driving documents and report it anyway. (You cannot report it by phone as they need to see your documents)

This is also why it is crucial at the scene of the crash, not assume blame, admit blame or apportion blame - that is for the police and insurance companies to decide.

Blame for the accident is not apportioned by anyone until the police and insurance companies have concluded their investigation so never assume you or they or both of you are at fault.

One last thing - if when exchanging documents or details with the other driver, you have any doubt as to their authenticy, ask them for some form of ID (and expect to be asked for some yourself). If the other driver refuses to co-operate with exchanging details or is aggressive then back off and dial 999 and ask the police to attend the scene.

Bossyboots

I was hit from behind, the other driver's insurers admitted liability when they telephoned me a few hours later and paid for my vehicle within two weeks.

At the scene, it was not apparent that I was injured to the other driver and she was so upset I did not want to make a fuss there and then and to be honest I just thought I would be fine quite quickly anyway.

In view of what has been said, I think I will ring our local police helpline next week and ask them whether they want me to report it. The girl that hit me made a foolish mistake but I wouldn't want to see her get into trouble for it.