Correct process after an accident
Discussion
Hi Chaps,
I'm unsure as to the legal requirments pertaining to giving details once you've had an accident. More specifically, what information is the other party legally required to give you?
I've realised after 5 years of driving that I don't actually know. I thought it was literally, Name, Reg number & insurance company?
I'm unsure as to the legal requirments pertaining to giving details once you've had an accident. More specifically, what information is the other party legally required to give you?
I've realised after 5 years of driving that I don't actually know. I thought it was literally, Name, Reg number & insurance company?
Generally, the process is as follows...
Leap out of your car...
Shout and swear lots (unless the accident was 100% your fault and avoidable)
Inspect damage on your car
Swear more
Blame the other party (insurance companies actually tell you never to accept blame)
Swear at other party
Try and make it the other parties fault in any way shape or form
Make light of the damage to other parties car while yours appears to be a write off
Swear some more..
Check on spouse/Children still sat in your car in shock...
(now serious bit)
If anyone is injured, or 'claiming whiplash' at the scene - you are legally required to contact the police and ambulance for the injured. I also believe you are required to contact the police if one of the cars is immobalised.
As I said, your insurance company will require you never to accept blame.
The best thing to do, is ask for the other parties driving license, write down their name and address.
Take down the exact details of the car.
Find out which insurance company they are with.
Addtional stuff to help is: how long they have had the car.
If you have a camera/mobile phone camera - take pictures for the insurance report - sketch quickly the road layout and what happened.
Get names, addresses and numbers of any witnesses - check they will be happy to give information (and where possible, in your favor
Leap out of your car...
Shout and swear lots (unless the accident was 100% your fault and avoidable)
Inspect damage on your car
Swear more
Blame the other party (insurance companies actually tell you never to accept blame)
Swear at other party
Try and make it the other parties fault in any way shape or form
Make light of the damage to other parties car while yours appears to be a write off
Swear some more..
Check on spouse/Children still sat in your car in shock...
(now serious bit)
If anyone is injured, or 'claiming whiplash' at the scene - you are legally required to contact the police and ambulance for the injured. I also believe you are required to contact the police if one of the cars is immobalised.
As I said, your insurance company will require you never to accept blame.
The best thing to do, is ask for the other parties driving license, write down their name and address.
Take down the exact details of the car.
Find out which insurance company they are with.
Addtional stuff to help is: how long they have had the car.
If you have a camera/mobile phone camera - take pictures for the insurance report - sketch quickly the road layout and what happened.
Get names, addresses and numbers of any witnesses - check they will be happy to give information (and where possible, in your favor
Edited by fidgits on Tuesday 18th July 09:57
Parrot of Doom said:
Nope, AFAIK you only have to give driver's name, vehicle details, and details of insurer?
Nope, name, address, vehicle details, that's all. You don't have to give anyone (except the police if they ask) the name of your insurer.
There was similar thread on this a few weeks ago.
www.pistonheads.co.uk/gassing/topic.asp?t=284741&f=10&h=0&hw=insurer
if that helps
Edited by tvrgit on Tuesday 18th July 12:00
STOP safely. Adminster first aid. Identify witnesses and participants - ensure they don't leave.
Identify what sort of accident you have had:-
i) No damage to anyone else's proprty.
ii) Damage to someone else's property.
iii) Injury to someone not in your car, or to dog, horse, cattle etc.
If i) - Drive off. Muttering.
If ii). You must give your details and the owner/registered keeper's details (if it's not you) and the car registration to anyone who reasonably asks. Details includes name and address. If not asked, you must report to a police station asap and within 24hrs.
If iii). You must give details as above and produce your insurance certificate at the scene. If not then report to police station asap and within 24hrs. Since noone has their insurance certificate on them, this almost always means injury accidents are reported.
Get witnesses. Lots.
Identify what sort of accident you have had:-
i) No damage to anyone else's proprty.
ii) Damage to someone else's property.
iii) Injury to someone not in your car, or to dog, horse, cattle etc.
If i) - Drive off. Muttering.
If ii). You must give your details and the owner/registered keeper's details (if it's not you) and the car registration to anyone who reasonably asks. Details includes name and address. If not asked, you must report to a police station asap and within 24hrs.
If iii). You must give details as above and produce your insurance certificate at the scene. If not then report to police station asap and within 24hrs. Since noone has their insurance certificate on them, this almost always means injury accidents are reported.
Get witnesses. Lots.
If life were only that simple. Neighbour was hit head on by overtaking M/C. Rider ends up in hospital. After a week neighbour eventually gets insurance details from Police. Rings M/C's insurance. Gives policy number and explains circumstances of accident. NU operator 'What is the policy holder's name?' Don't know, he was knocked out and taken to hospital. NU operator 'sorry under the Data Protection Act, we cannot deal with you unless you have the policy holder's name.'
You stupid cow. How can the DPA apply? You are asking me details about the policy holder, not the other way round!
You stupid cow. How can the DPA apply? You are asking me details about the policy holder, not the other way round!
Whilst the Section clearly states that one has to give their name and address, it has been held [DPP v McCarthy 1999] that as the reason for exchanging details is to allow future intercourse (cough) between those involved, the address of ones Solicitor is enough to discharge this duty.
dvd
dvd
7db said:
Next time ask which section of the Act they are restricted by...
DPA is the bigeest excuse out these days.
DPA is the bigeest excuse out these days.
Firstly, as above ask them.
Secondly, advise them that they are personally liable for any breaches.
Thirdly, look here
www.opsi.gov.uk/acts/acts1998/80029--h.htm#55
Depends.
Law abiding citizen: Give your details and be prepared to be taken from behind financially and socailly. You are the lowest of the low and should hang your head in shame whilst possibly being escorting to Bubba's residence.
Uninsured chavscum: Doesn't matter what you do or say. You are above the law and may, if you are really unlucky, lose 50p per month by way of punishment for causing an accident when you have no right to be on the road. Oh, and by the way, that 50p didn't belong to you anyway, so nothing lost eh?
Law abiding citizen: Give your details and be prepared to be taken from behind financially and socailly. You are the lowest of the low and should hang your head in shame whilst possibly being escorting to Bubba's residence.
Uninsured chavscum: Doesn't matter what you do or say. You are above the law and may, if you are really unlucky, lose 50p per month by way of punishment for causing an accident when you have no right to be on the road. Oh, and by the way, that 50p didn't belong to you anyway, so nothing lost eh?
fidgits said:
Generally, the process is as follows...
Leap out of your car...
Shout and swear lots (unless the accident was 100% your fault and avoidable)
Inspect damage on your car
Swear more
Blame the other party (insurance companies actually tell you never to accept blame)
Swear at other party
Try and make it the other parties fault in any way shape or form
Make light of the damage to other parties car while yours appears to be a write off
Swear some more..
Check on spouse/Children still sat in your car in shock...
(now serious bit)
If anyone is injured, or 'claiming whiplash' at the scene - you are legally required to contact the police and ambulance for the injured. I also believe you are required to contact the police if one of the cars is immobalised.
As I said, your insurance company will require you never to accept blame.
The best thing to do, is ask for the other parties driving license, write down their name and address.
Take down the exact details of the car.
Find out which insurance company they are with.
Addtional stuff to help is: how long they have had the car.
If you have a camera/mobile phone camera - take pictures for the insurance report - sketch quickly the road layout and what happened.
Get names, addresses and numbers of any witnesses - check they will be happy to give information (and where possible, in your favor
Leap out of your car...
Shout and swear lots (unless the accident was 100% your fault and avoidable)
Inspect damage on your car
Swear more
Blame the other party (insurance companies actually tell you never to accept blame)
Swear at other party
Try and make it the other parties fault in any way shape or form
Make light of the damage to other parties car while yours appears to be a write off
Swear some more..
Check on spouse/Children still sat in your car in shock...
(now serious bit)
If anyone is injured, or 'claiming whiplash' at the scene - you are legally required to contact the police and ambulance for the injured. I also believe you are required to contact the police if one of the cars is immobalised.
As I said, your insurance company will require you never to accept blame.
The best thing to do, is ask for the other parties driving license, write down their name and address.
Take down the exact details of the car.
Find out which insurance company they are with.
Addtional stuff to help is: how long they have had the car.
If you have a camera/mobile phone camera - take pictures for the insurance report - sketch quickly the road layout and what happened.
Get names, addresses and numbers of any witnesses - check they will be happy to give information (and where possible, in your favor
Edited by fidgits on Tuesday 18th July 09:57
Don't forget to take all witnesses (prepared to give evidence in your favour ) to pub to review case
fidgits said:
If anyone is injured, or 'claiming whiplash' at the scene - you are legally required to contact the police and ambulance for the injured. I also believe you are required to contact the police if one of the cars is immobalised.
Small point - you don't have to call the police at the time for an injury accident, it only needs to be reported. Nor do you have to summons medical assistance, although clearly there is a moral obligation to do so.
Gareth
Slightly off-topic but amusing anecdote; I tried this once when I was younger. I pull up to some lights, on a hill, in a bit of a doze I let the car roll back into the car behind (noy fast but I felt it). Oops. Set off, car from behind starts flashing me so I pull over, get out, we both inspect our (own) bumpers for damage.
Me: "No damage"
Bloke: "No, good job innit"
Me: "It is innit"
Bloke "!!?? What"
Me: "Well you shouldnt have driven into me should you"
Bloke (getting irate, visibly): "Have you been drinking"
Me: "No, have you?"
Bloke: (grabbing hold of my shirt collar, about to smack me) "No I just came off a
ing shift" (his mate restrains him)
I was 19. Still cant believe I did that. Maybe not to be recommended...
John
Me: "No damage"
Bloke: "No, good job innit"
Me: "It is innit"
Bloke "!!?? What"
Me: "Well you shouldnt have driven into me should you"
Bloke (getting irate, visibly): "Have you been drinking"
Me: "No, have you?"
Bloke: (grabbing hold of my shirt collar, about to smack me) "No I just came off a
ing shift" (his mate restrains him) I was 19. Still cant believe I did that. Maybe not to be recommended...
John
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