Given how many people seem to have been involved in crashes, it always surprises me that people really have no idea what to do post crash to try and safeguard their position and make life a little easier for themselves.
Most of you know my background from a previous life, but maybe some of you do not know that once I retired I then spent a number of years working in personal injury law as a specialist road crash investigator advising solicitors, Barristers and in some cases Judges on causation, liability and driving and riding dynamics in my capacity as a member of the Law Society panel of expert witnesses.
So, over the years I have dealt with a few crashes in my time, but many people panic and forget the basics so I thought you might appreciate a heads up not only for yourself but for the benefit of family members of what to do in the event that you are unfortunate enough to be involved in a crash.
It is probably fair to say that many of us would probably never go near a vehicle if we seriously thought about the possibility of being involved in a crash. However, we have to face up to reality and accept that it is more likely to be a case of when and not if. After all, how many people do you know that have never bumped a car?
While it is bad enough being involved in even the most minor of crashes, when it happens on holiday, along way from home and miles from anywhere, all sorts of thoughts can go racing through your mind. Am I injured? How serious are my injuries? How badly damaged is the car or the bike (for the motorcyclists amongst us)? How will I get it home? Are there any witnesses? What about no claims? By this time white knuckled panic will possibly have well and truly taken hold and it is very easy to forget the basics.
We all hope that a crash never happens, but if it does, here is a simple check-list of things that should be done, if possible, to make life easier for you, your insurance company and your lawyer.
Witnesses
Obtain as the names and contact details of as many witnesses as possible. They may be able to provide valuable assistance in several ways. For example:
Photographs
If you can, take photographs of the accident scene (phone cameras are perfectly acceptable), or ask someone to take a photograph for you. Pictures can convey what words cannot, particularly if there is a feature you feel may have contributed to the accident, such as a poor road surface or badly sign posted obstruction. Also, if it is possible, take photographs of the approach to the accident scene of any other vehicles involved in the accident, again at approaching distances. Lines of sight can be an important aspect of a collision, for example, whether a road sign or road marking was visible, or whether they were obscured by foliage from a tree or another sign. What was visible on the day of the accident can be all important.
Also take pictures of the occupants of the other vehicles involved. The number of cash for crash scams is on the increase due to unscrupulous claims management companies and it is not unusual for phantom injured passengers to crawl out of the woodwork several months later. Photo’s of the vehicle occupants can nip these potential fake claims in the bud very quickly and you are perfectly entitled to pictures of people..
Remember you are allowed to take photo's of anyone in a public place.
Police
If the police attend, obtain their name, rank, number and address. At a later date the police can be contacted for further information and are able to give statements in personal injury claims. (Bear in mind that it is unusual for the Police to attend damage only crashes unless the road is blocked or there is an allegation of a serious traffic offence having been committed)
Statement
As soon as possible after the accident write down as much as you can remember about what happened. A fresh memory is better than a stale one. It is better to write down too much than not enough. There may be details which you consider irrelevant, but it is easier to take things out than try and add them later on. It is also worth bearing in mind that if you write down everything as soon as possible after the event, these notes can be treated as contemporaneous, in other words, notes made as soon as possible after the event which becomes good evidence if your case were to go to court for a civil trial.
Replacement Costs
Obtain an estimate of the cost of replacing any damaged equipment or broken or damaged personal effects such as broken watches, mobile phones or other personal, items damaged directly as a result of the crash.
Retain all of these items as they may need to be produced in a civil claim.
Loss of Earnings
If you cannot work, get paid less or lose your salary and have to go onto statutory sick pay (SSP) as a result of your injuries, retain your salary slips.
Diary .
Keep a diary and list all of the expenses incurred as a result of your accident. Details of dates and expenses, plus copies of all your receipts (wherever possible), will make it far easier to recover the money. Taxi fares, public transport, car park and fuel costs, telephone calls and postage are all claimable. Even if you have to pay for someone to come and cut your lawn or walk the dog, this can also be claimed back. You are allowed to claim for anything which has incurred an out of pocket expense, and the list can be wide ranging. All you have to bear in mind is that you have to justify and substantiate the costs incurred.
Correspondence
Ensure that all correspondence from the third party (The other side) or their representative is passed on to your insurance company or solicitor without delay. Avoid entering into any correspondence yourself as you may say something that you later regret, is inaccurate or is used against you.
Accident Abroad
If you are involved in an accident while travelling abroad then the same rules apply. However, extra emphasis should be placed on ensuring that all the details have been gathered at the scene, including witness names and addresses and photographs of the location, as it will be very difficult to go back and check these after returning home. If possible get the police to attend so that all the details of the accident are recorded.
If you are injured abroad and any financial loss is ongoing back in the UK, the law has recently changed and in some instances, usually the more serious cases, jurisdiction can be transferred to the UK.
In addition, when driving outside the UK make sure you have your driving licence, certificate of insurance and vehicle registration documents with you at all times. In many countries an inability to produce these for the police can lead to a heavy on the spot fine and may delay the process of dealing with the incident.
If you sustain a serious injury whilst abroad, providing there is an ongoing financial loss here in the UK, jurisdiction can be transferred back to the UK legal system.
Injuries
If you have an injury that does not require hospitalisation, see a doctor as soon as possible after the incident. Medical records will help to prove your injuries. Sometimes, injuries do not become apparent straight away. For example what might appear to be nothing more than a sprained wrist could be a fracture. Some injuries and medical conditions (whiplash is a good example) only become apparent in the weeks and months following an accident.
If your injuries are not that serious, or they heal quite quickly, then your case will be handled under what is called the "Fast Track" scheme. This means that law firms or insurance company representing you will receive a fixed fee for handling your case.
Serious Injuries
If you are seriously injured, (when able to do so) take steps to instruct a personal injury solicitor as soon as possible. Not only will they investigate the liability aspect of your accident, if required they can engage medical and rehabilitation professionals, a case manager and seeking interim payments as soon as possible, all of which could be vital to maximising your recovery as soon as possible.
Most importantly, if you are unfortunate enough to be involved in an accident, wherever you are, don’t panic. Help is never far away.
I hope that this gives you a few tips and ideas of what to do, and allays some of the fears of being involved in a crash.
Most of you know my background from a previous life, but maybe some of you do not know that once I retired I then spent a number of years working in personal injury law as a specialist road crash investigator advising solicitors, Barristers and in some cases Judges on causation, liability and driving and riding dynamics in my capacity as a member of the Law Society panel of expert witnesses.
So, over the years I have dealt with a few crashes in my time, but many people panic and forget the basics so I thought you might appreciate a heads up not only for yourself but for the benefit of family members of what to do in the event that you are unfortunate enough to be involved in a crash.
It is probably fair to say that many of us would probably never go near a vehicle if we seriously thought about the possibility of being involved in a crash. However, we have to face up to reality and accept that it is more likely to be a case of when and not if. After all, how many people do you know that have never bumped a car?
While it is bad enough being involved in even the most minor of crashes, when it happens on holiday, along way from home and miles from anywhere, all sorts of thoughts can go racing through your mind. Am I injured? How serious are my injuries? How badly damaged is the car or the bike (for the motorcyclists amongst us)? How will I get it home? Are there any witnesses? What about no claims? By this time white knuckled panic will possibly have well and truly taken hold and it is very easy to forget the basics.
We all hope that a crash never happens, but if it does, here is a simple check-list of things that should be done, if possible, to make life easier for you, your insurance company and your lawyer.
Witnesses
Obtain as the names and contact details of as many witnesses as possible. They may be able to provide valuable assistance in several ways. For example:
- The circumstances leading up to the accident.
- Your position on the road following the accident, relative to your bike and any other vehicles involved. This would be relevance if accident reconstruction experts have to be engaged as they gain considerable assistance from knowing the position of vehicles and the parties involved following a collision.
- If you are injured, how you were immediately following the accident. For example, your level of consciousness, whether you were able to communicate normally or not. This could be of assistance to medical experts in determining your injuries, for example, whether you or any of your passengers sustained a brain injury and, if so, the severity of this. Even a slight head injury can sometimes be classified as a brain injury.
Photographs
If you can, take photographs of the accident scene (phone cameras are perfectly acceptable), or ask someone to take a photograph for you. Pictures can convey what words cannot, particularly if there is a feature you feel may have contributed to the accident, such as a poor road surface or badly sign posted obstruction. Also, if it is possible, take photographs of the approach to the accident scene of any other vehicles involved in the accident, again at approaching distances. Lines of sight can be an important aspect of a collision, for example, whether a road sign or road marking was visible, or whether they were obscured by foliage from a tree or another sign. What was visible on the day of the accident can be all important.
Also take pictures of the occupants of the other vehicles involved. The number of cash for crash scams is on the increase due to unscrupulous claims management companies and it is not unusual for phantom injured passengers to crawl out of the woodwork several months later. Photo’s of the vehicle occupants can nip these potential fake claims in the bud very quickly and you are perfectly entitled to pictures of people..
Remember you are allowed to take photo's of anyone in a public place.
Police
If the police attend, obtain their name, rank, number and address. At a later date the police can be contacted for further information and are able to give statements in personal injury claims. (Bear in mind that it is unusual for the Police to attend damage only crashes unless the road is blocked or there is an allegation of a serious traffic offence having been committed)
Statement
As soon as possible after the accident write down as much as you can remember about what happened. A fresh memory is better than a stale one. It is better to write down too much than not enough. There may be details which you consider irrelevant, but it is easier to take things out than try and add them later on. It is also worth bearing in mind that if you write down everything as soon as possible after the event, these notes can be treated as contemporaneous, in other words, notes made as soon as possible after the event which becomes good evidence if your case were to go to court for a civil trial.
Replacement Costs
Obtain an estimate of the cost of replacing any damaged equipment or broken or damaged personal effects such as broken watches, mobile phones or other personal, items damaged directly as a result of the crash.
Retain all of these items as they may need to be produced in a civil claim.
Loss of Earnings
If you cannot work, get paid less or lose your salary and have to go onto statutory sick pay (SSP) as a result of your injuries, retain your salary slips.
Diary .
Keep a diary and list all of the expenses incurred as a result of your accident. Details of dates and expenses, plus copies of all your receipts (wherever possible), will make it far easier to recover the money. Taxi fares, public transport, car park and fuel costs, telephone calls and postage are all claimable. Even if you have to pay for someone to come and cut your lawn or walk the dog, this can also be claimed back. You are allowed to claim for anything which has incurred an out of pocket expense, and the list can be wide ranging. All you have to bear in mind is that you have to justify and substantiate the costs incurred.
Correspondence
Ensure that all correspondence from the third party (The other side) or their representative is passed on to your insurance company or solicitor without delay. Avoid entering into any correspondence yourself as you may say something that you later regret, is inaccurate or is used against you.
Accident Abroad
If you are involved in an accident while travelling abroad then the same rules apply. However, extra emphasis should be placed on ensuring that all the details have been gathered at the scene, including witness names and addresses and photographs of the location, as it will be very difficult to go back and check these after returning home. If possible get the police to attend so that all the details of the accident are recorded.
If you are injured abroad and any financial loss is ongoing back in the UK, the law has recently changed and in some instances, usually the more serious cases, jurisdiction can be transferred to the UK.
In addition, when driving outside the UK make sure you have your driving licence, certificate of insurance and vehicle registration documents with you at all times. In many countries an inability to produce these for the police can lead to a heavy on the spot fine and may delay the process of dealing with the incident.
If you sustain a serious injury whilst abroad, providing there is an ongoing financial loss here in the UK, jurisdiction can be transferred back to the UK legal system.
Injuries
If you have an injury that does not require hospitalisation, see a doctor as soon as possible after the incident. Medical records will help to prove your injuries. Sometimes, injuries do not become apparent straight away. For example what might appear to be nothing more than a sprained wrist could be a fracture. Some injuries and medical conditions (whiplash is a good example) only become apparent in the weeks and months following an accident.
If your injuries are not that serious, or they heal quite quickly, then your case will be handled under what is called the "Fast Track" scheme. This means that law firms or insurance company representing you will receive a fixed fee for handling your case.
Serious Injuries
If you are seriously injured, (when able to do so) take steps to instruct a personal injury solicitor as soon as possible. Not only will they investigate the liability aspect of your accident, if required they can engage medical and rehabilitation professionals, a case manager and seeking interim payments as soon as possible, all of which could be vital to maximising your recovery as soon as possible.
Most importantly, if you are unfortunate enough to be involved in an accident, wherever you are, don’t panic. Help is never far away.
I hope that this gives you a few tips and ideas of what to do, and allays some of the fears of being involved in a crash.
