What To Do In The Event Of A Car Accident - When It's Your Fault

It's not unusual to find it difficult believing that they could possibly be to blame for an accident. This is particularly true of more mature drivers who have not had an accident in 30 years of driving or those who have passed an advanced driving course. I recall an accident claim form which stated ' I am not to blame for this accident - I am an advanced driver and the vehicle in front should not have stopped in front of me!' (This driver had just driven into a stationary car.)

But the truth is that even the best of drivers can have a sudden lapse of concentration. And of course we've all come across those with an aggressive or very timid driving style which is just asking for trouble on today's overcrowded roads.

When you report to your insurance company, tell them the whole truth! It is better to admit to your insurance company that it was your fault. They will be very unhappy if you falsify the truth to try and make out that you were not to blame as they might try and defend claims made against you, lose and ultimately increase their outlay. They would much rather you told them clearly and simply exactly what occurred than invent a tale that might make you feel happier but will set them on a long and expensive dispute they won't win. For example ' I drove out of the minor road without looking and was hit by the other car' is much better than ' I halted at the intersection and checked for oncoming traffic, nothing was coming so I pulled out when he hit me. He must have been going so fast and it was all his fault'

By reporting honestly, owning up to your mistake and telling your insurers exactly what happened, you provide them a much better chance of coming to the correct decisions about dealing with the third party aspect of your claim. If they know that they must pay the other drivers claim, they can start to invoke procedures to limit and control the amount of damages they have to pay to the other party.

You are almost certain to receive loads of letters from the other drivers insurance company, his brokers, his solicitors or legal expense insurers, maybe his employers (if using a company car) and so on. Just forward them all on to your insurance company, unanswered. They will handle this for you. Certain solicitors in particular can appear to be very threatening and intimidating with the style of letter they use. They use phrases such as 'You have to admit liability in writing within 7 days or we will issue proceedings against you' or 'you must give us the name and address the name and address and policy number of your insurers or you will commit an offence against the Road Traffic Act and we will report you for a criminal offence' and so on. Just ignore such letters! Don't worry over them. Let the insurance company deal with it. I have had many telephone calls from my friends and customers who have become extremely worried by this style of letter. There are some very aggressive solicitors out there today who have found a niche by doing this sort of work. Following the implementation of the 'Woolf reforms' in April 1999, the legal profession should now use a standard 'letter of claim' but this is still quite intimidating and I would ask Lord Woolf to 'tone it down a bit'.

You could also receive a Summons through the post. The two possible types are as follows: (for my dear readers in Scotland, this bit applies to English Law but similar actions happen in Scotland

- A summons to answer a criminal case e.g. careless or dangerous driving in the magistrates court (or Crown Court if the alleged offence is very grave such as causing death by dangerous driving)

- A county court 'claim form' (or maybe a high court writ) seeking payment of 'damages' in a civil action.

In either case, send the paperwork to your insurance company immediately. They will inspect it to see what the summons is for and decide what action to take. They might appoint (and pay for) a solicitor to defend you or if it is a civil action, they might just decide to admit guilt and to pay up rather than take the case through the courts with the chance of substantial costs being awarded against them should they lose the case. If you feel that you have to talk to the insurance company, then go ahead but do not let it stop you letting them have the Summons. That would be the worst thing you could do. There are strict time limits in which action must be taken.

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This article on filing an insurance claim where you were to blame for a road traffic accident was written by Terry Cod. He has many years of experience working as a claims adjuster with a number of UK insurance companies. His website www.instant-online-insurance.co.uk offers uk touring caravan insurance with online quotes and secure online payment.

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