What To Do If You Have A Car Accident
Whilst using the roads as a driver or passenger in a car you might take your safety for granted. Fortunately, the vast majority of car journeys go as planned, but if you are unfortunate, you could be involved in a road traffic accident. Government statistics indicate there were over 130,000 road casualties in 2023, of which nearly 30,000 involved someone being killed or seriously injured.
In the aftermath of a car crash, it is natural to be shocked and not remember what immediate action you need to take. Hopefully, this guide, ‘What to do if you have a car accident?’ will help you if you are ever involved in a car crash.
We will cover some practical matters, such as if your accident needs to be reported to the Police and your insurance company. Also covered is what to do if the other driver does not have insurance and what you should do at the scene of the accident.
Finally, we look at how a No Win No Fee solicitor could help you claim compensation. To begin the claims process, you can:
- Call us on 0800 073 8804.
- Claim online.
- Use the online chat function on this page.
Select A Section
- What To Do If You Have A Car Accident
- Should You Report A Car Accident To The Police?
- How Long Do You Have To Report A Car Accident To Your Insurance Provider?
- What To Do If You Have A Car Accident And The Other Driver Doesn’t Have Insurance?
- What Information Should You Record At The Accident Scene?
- What To Do If You Have A Car Accident And You Were Partly Responsible?
- Claim For A Car Crash On A No Win No Fee Basis
- Learn More About How To Claim Compensation For Car Accidents
What To Do If You Have A Car Accident?
Being involved in a car crash can be traumatic. There are some initial steps that you should take, regardless of which driver was to blame or how serious the accident was. These steps will help keep you, your passengers and other road users safe:
- Pull your car over to a safe place if you can.
- Switch off your engine and turn on your hazard warning lights to alert other road users.
- Check to see if anyone involved in the accident was injured, and call 999 if they are.
- Move passengers out of the vehicles and to a safe place.
- Exchange details with the other driver – name, address, vehicle registration number, insurance details and contact details such as a phone number.
Whilst it is hard, the best thing to do is to try and remain calm. It is not a good idea to apologise or admit fault, as this will be for the insurance companies to decide. If you would like to discuss any aspect of these points, please contact us, or you can continue reading to learn more about what to do if you have a car accident.
Should You Report A Car Accident To The Police?
The Police give guidance on when a car accident needs to be reported to the police, although the obligation comes from s170 of the Road Traffic Act 1988.
If you have exchanged details, there were no injuries, and there were no allegations of driving offences, then the collision does not need to be reported to the police. If, however, anyone was injured, you were unable to exchange details at the scene, or if you suspect someone of committing a driving offence, then the matter should be reported.
Further details can be found in the following link, which can also be used to report a collision online. You can report an accident to a police station if you do not wish to do this online, and this should be done as soon as possible and within 24 hours of the collision.
How Long Do You Have To Report A Car Accident To Your Insurance Provider?
You should report a road traffic accident to your insurance company as soon as you are able. A failure to report a car accident to your insurance provider could invalidate your car insurance policy and cause problems for you later down the line.
Each car insurance policy has a set of terms and conditions that you have agreed to as part of your contract of insurance. If you check this document carefully, you might find that you have to report an accident to them as soon as possible and ideally within 24 hours.
What To Do If You Have A Car Accident And The Other Driver Doesn’t Have Insurance?
If you have been involved in a car crash and the other driver was not insured, you should report the matter to the Police. Importantly, you can still make a claim for compensation even if the other driver does not have insurance.
To make a claim for personal injury after a road traffic accident, you must show that the other road user breached their duty to you and that this caused you an injury. All road users owe each other a duty of care to use their vehicles in a way that reduces the risk of harm. They have to comply with the rules set out in the Road Traffic Act 1988 and the Highway Code.
So, for example, the other driver could fail to stop at traffic lights, causing a collision in a junction in a T-bone accident. Or they could change lanes without signalling, causing a collision, or they could crash into the back of your car (a rear-end shunt) because they did not leave a safe braking distance. If you were injured because of negligent driving, you can seek compensation.
How To Claim Against An Uninsured Driver
Normally, it is the losing party’s insurance company that pays the damages due to the other side. In the case where the other driver has no insurance or is not traceable as they leave the scene without you being able to get their details, you can make a claim through the Motor Insurers Bureau (MIB). The MIB has obligations to handle claims in accordance with The Uninsured Driver’s Agreements and The Untraced Drivers’ Agreements.
Under these agreements, you can still make a claim for personal injury and financial losses. This is something one of our experienced road traffic personal injury solicitors could help you with.
Contact an advisor today to see if your case is eligible or continue reading for more information about what to do if you have a car accident.
What Information Should You Record At The Accident Scene?
A successful road traffic accident claim requires evidence. We have covered what details need to be exchanged in the sections above, but there are other steps you can take to boost your prospects of success. Things you can do at the scene include:
- Take the contact details of any witnesses to the accident. A statement can be taken from them later if the case is disputed.
- Saving any dashcam footage of the accident, again, this could be from a witness who pulled over.
- Check to see if there is any CCTV footage of the location of the accident. It might be possible to request this and that it captured the collision.
- Taking photos of the accident site or the location of the damage to the vehicles. The location of where the damage is might give an indication of how the accident happened. The same could be said of any skid marks on the road.
Our solicitors are experts at handling claims from car accidents. We can offer you a free no-obligation case assessment to see if you are eligible to work with one of our solicitors. Call for free at any time of the day, 7 days a week. We can help you understand what to do if you have a car accident.
What To Do If You Have A Car Accident And You Were Partly Responsible?
Sometimes, it is not always obvious who was at fault for a road traffic accident. It could be the case that both drivers were partly at fault. For example, both drivers change lanes when it is unsafe to do so, and they collide.
In these circumstances the case could be agreed as a ‘split liability’ case. This means that both parties are partly at fault. Liability can be split in any portion that adds up to 100%, e.g. 50/50 or 75/25. If liability is split, you will receive the relevant portion of your damages. So, if your case were a 50/50 split, you would receive 50% of the damages. If it were 75/25 in your favour, you would receive 75%.
It can also be the case that you contribute to your injuries. This does not mean you were at fault for the accident. But it does mean that your actions (or lack of them) made your injuries worse. A common example of this in a car crash would be a failure to wear a seatbelt. The court could find you contributory negligent and reduce your compensation by a percentage, e.g. 25%.
If you would like help working out who was to blame for your car accident, you can contact us on the details provided and discuss what to do if you have a car accident.
Claim For A Car Crash On A No Win No Fee Basis
Our solicitors handle road traffic claims on a No Win No Fee basis by offering eligible claimants a Conditional Fee Agreement (CFA). Under this agreement, you do not have to pay your solicitor at the start of the case for any upfront fees. You also do not need to pay solicitor fees as your case progresses. Also, if your case is not successful, you do not have to pay any solicitor fees at all.
If you do win your case, then a success fee is due to your solicitor. This is paid only if you win and only at the end of the claim. The success fee is deducted from the compensation that has been awarded on a percentage basis. The size of the percentage is agreed between you and your solicitor before the case begins. There is a legal maximum percentage that that success fee can be.
You have nothing to lose by calling us for a free consultation. To get in touch with us, you can:
- Call us on 0800 073 8804.
- Claim online.
- Use the online chat function on this page.
Learn More About How To Claim Compensation For Car Accidents
Hopefully you are better equipped to deal with a road traffic accident should you be involved in one. Here are some other helpful resources from our website about claiming compensation after a car accident:
- Read a case study of a serious road traffic accident.
- An example £10,000 compensation payout for a knee injury caused by a road traffic accident.
- A guide to merging traffic accident claims.
Here are some external resources that you may find useful.
- Consider the Government road safety campaign ‘THINK!’.
- Historical statistics of reported road accidents from the Government.
- If you have been left with post-traumatic stress disorder following your accident, consider the treatment recommended by the NHS.
Thank you for considering our guide ‘What to do if you have a car accident’
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