|
Introduction
Accidents can happen to anyone, even the safest and most careful drivers.
The majority of minor collisions are easily dealt with by the drivers involved, and do not need to be reported to the Police. However minor the collision, you must always stop and give particulars, and in certain circumstances report the incident.
The Law
Failure to do so may result in a maximum fine of £5,000 and obligatory endorsement of between 5 and 10 points.
You may be disqualified if you commit both offences of failure to stop and failure to report the accident. The Road Traffic Act 1991 gives the maximum penalty of six months imprisonment for this offence.
Many accidents are caused by debris on the road, which forces a driver to take evasive action. The Road Traffic Act 1991 provides for an "endangerment" offence to deal with the people who deliberately and unlawfully place obstructions on the road, or interfere with traffic equipment in a way that could cause injury or damage.
The charge not only covers such actions that actually cause an accident, but also covers those that are likely to cause one.
Return to Top
This includes, for example, the vandal who drops bricks from a bridge on to a road below, and the motorist who throws drinks cartons or other rubbish onto the road from a moving vehicle. To emphasize the malicious nature of this offence, the maximum penalty is seven years imprisonment.
(This offence, however, does not apply in Scotland.)
England and Wales (only)
The Road Traffic Act 1988 states that a road accident occurs when, owing to the presence of a motor vehicle on a road, injury is caused to persons or animals, or damage is caused to vehicles or property. In such circumstances you must stop.
For legal purposes, personal injury is restricted to persons other than yourself. Injury to animals covers horse, ass, mule, cattle, pig, sheep, goat or dog, unless they are carried in a vehicle or a trailer drawn by it.
Vehicle damage means damage to a vehicle other than your own. Property damage covers any property on, or forming part of, the land on which the road is situated, or land adjacent to the road.
After stopping, you are obliged by law to give any person affected by the accident:
- Your name and address
- The name and address of the owner of the vehicle
- The registration number of the vehicle
If the accident involved personal injury to someone other than yourself, you must report the incident to the Police as soon as possible. Certainly within 24 hours, unless you produced your certificate of insurance for inspection by the injured party at the scene and they have your name and address, the name and address of the owner of the vehicle and the vehicle registration number.
If you were unable to show the documents at the scene, you must produce them at a Police station within seven days of the incident.
Failure to do so may result in a maximum fine of £400. If you are unable to exchange particulars with those affected by the accident (a collision with an unattended vehicle, for example), you are required to discover the owner of the damaged vehicle or property. If you are not able to locate them, you are obliged to report the incident to the Police.
Even if you have left written notice of the relevant details, you must still report the incident because you have been unable to exchange particulars in person. The driver of the vehicle involved must personally report the incident to a Police Officer or at a Police Station as soon as "reasonably" practicable, and in any case within 24 hours.
Return to Top
You should also call the Police if the other driver involved refuses to give particulars.
Reporting the accident to the Police by telephone is not sufficient, neither should you get someone else to do it for you.
Practical advice at the scene
The normal reaction after the accident is one of shock and anger. It is imperative to stay calm as there are a number of details which you must obtain for legal reasons and insurance purposes.
Note any witnesses and ensure you get their names and addresses, vehicle registration numbers, if applicable, and make a written note of anything they say. People tend to disappear quickly after an accident to avoid involvement, so it is advisable to approach any potential witnesses before speaking to the drivers of the other vehicles involved.
Note the name, address and telephone number of any other driver involved; name and address of the owner, if different to the driver; make, model and registration number of the vehicles.
Although the driver is only legally obliged to produce insurance documents when someone has been injured, it will help to obtain details of policy number and insurer's name and address after an accident.
You should also note the colour and condition of the vehicle, and whether it was correctly lit and made the appropriate signals.
If anyone has been injured, or any property damaged, you should also obtain full details from those involved and contact the Police if necessary.
Return to Top
Although you are not obliged to say anything at the scene, other than exchange the relevant particulars, it is advisable to give the Police a statement if you were clearly without blame to help establish your innocence.
If the accident was partly or completely your fault, it is better to keep quiet. In the heat of the moment you may inadvertently say something you will later regret, and by admitting blame you may invalidate your insurance.
It is more sensible to wait until your mind is clearer, and write your statement later. The Police will probably offer to write your statement for you and let you sign it, but you are under no obligation to do so.
Whichever way you choose to make your statement, remember to keep a written copy for yourself. It is also advisable to make a written note of the name, collar number and station of the Police Officer dealing with the accident.
Use the guide provide below to note all particulars and draw a plan while the details are still fresh in your mind. This will help your insurance claim and the Police if they wish to investigate the incident further.
If you copy the notes later to expand the detail, you should still keep the original, which may provide good documentary evidence.
In addition to those details already mentioned, you should also make careful notes of the road and weather conditions, and the time and place of the accident. Try to specify the road and nearest junction names, and state the distance between them and the scene of the accident.
The clearest way of describing an accident is by drawing a plan which only needs to take the form of a simple line drawing and need not be to scale. Indicate the position of the vehicles before and after the accident, with arrows to show the direction of travel, and approximate distances between the cars and from the nearest roads, junctions and signs.
Return to Top
| Driver Details |
Driver Details |
Registration Number
|
Registration Number
|
Vehicle Make and Model
|
Vehicle Make and Model
|
Driver's Name
|
Driver's Name
|
Address
|
Address
|
Telephone
|
Telephone
|
Vehicle Owner's Name,
Address and Telephone
|
Vehicle Owner's Name,
Address and Telephone
|
Insurer's Name and Address
|
Insurer's Name and Address
|
Insurance Policy Number
|
Insurance Policy Number
|
Vehicle Colour and Condition
|
Vehicle Colour and Condition
|
If dark, was the vehicle correctly lit ?
|
If dark, was the vehicle correctly lit ?
|
Did the vehicle make the correct signals ?
|
Did the vehicle make the correct signals ?
|
Apparent Damage
|
Apparent Damage
|
Statement
|
Statement
|
| Plan of Accident |
Remember to indicate the position of the vehicles both before and after the accident, road markings, skid marks and debris, location of any property damaged, position of the witnesses and approximate distances between each.
|
Date and Location
|
Property Damage
|
Date and Time of Accident
|
Type of Property
|
Location and nearest town
|
Location and details of damage
|
Speed limit, road and weather conditions
|
|
Name, Collar Number and Station
of any Police Officer attending
|
|
If accident was reported to the Police Station,
what was the time and date ?
|
|
| Injured Parties |
Name
|
Name
|
Address
|
Address
|
Telephone
|
Telephone
|
Pedestrian/Cyclist
|
Pedestrian/Cyclist
|
Driver/Passenger in which vehicle ?
|
Driver/Passenger in which vehicle ?
|
Where they wearing a seat belt ?
|
Where they wearing a seat belt ?
|
Apparent Injuries
|
Apparent Injuries
|
Witnesses
|
Name
|
Name
|
Address
|
Address
|
Telephone
|
Telephone
|
Vehicle Registration
|
Vehicle Registration
|
Statement
|
Statement
|
Return to Top |