Who is Responsible for a Traffic Accident

When you're involved in a road traffic accident it's likely that you will initially be suffering from shock, whether or not you are physically injured. To add to that you've got to worry about your car insurance, who is admitting liability, and what the law demands you do in the aftermath of a collision.

Straight After a Collision

Regardless of your initial thoughts on who is to blame, don't get out of your car and start shouting and yelling at the other driver(s). Whatever the situation, it's not going to help if you lose it and all that people can remember at the scene is you going mad - it won't cast the kindest light on your situation if you end up having to go to court.

Admitting Fault

First things first, don't admit that you are to blame for the collision. Insurance companies take a dim view of people who admit liability, and even if you feel that it is your fault you shouldn't offer to take the blame at the scene. Remember that it's up to investigators to figure out what happened and who to point the finger at. You can provide the insurance company with a full statement later on and let them take the appropriate course of action.

A driver is not legally obliged to admit that they are at fault at the scene of an accident, so don't be bullied into doing so or try to force anyone else to admit liability. Of course if you do say that you were to blame and apologise for the crash, then if anyone hears you, they might be asked to stand up in court and say that you admitted liability at the scene. Remember that if you're in shock it can do funny things to you and you might say something that you don't mean, so avoid taking responsibility for anything.

Why Shouldn't I Admit Fault if I Think I am to Blame?

If the other driver is pushing you to admit fault remember that if you admit liability when you aren't to blame then you run the risk of losing any compensation you might have got from injuries sustained in the accident, and depending on the level of car insurance you have, you may end up without a car or a settlement payment.

The Other Driver Hit Me. How Can I Prove This?

Straight after the accident, look around and see if there are any bystanders. Unfortunately lots of people don't want to get involved as witnesses anymore, but you might strike lucky and find someone who saw the whole thing and who is willing to give you their contact details so that you can get in touch with them later on. If you can, it's a good idea to ask for a business card or to ask them to write out their details for you, you will probably be running on adrenalin after the accident and might get things wrong.

It's always a good idea to carry a disposable camera in your glovebox or somewhere in the car just in case you are involved in an accident. It doesn't take up much space and investigators can look at your photographs when you put in your insurance claim and may be able to tell from the position of the cars in the photograph who is most likely to be at fault.

If you suspect the other driver was on their mobile telephone or was distracted in some way, make a note of the reasons why you think this. When the insurance company are looking into it they may make the choice to contact the mobile service provider and find out if the other driver was on the phone. If you think any witnesses saw the other driver doing something that caused the crash, make sure you speak to them and get their details first.

Leave it to The Experts

Insurance companies have dedicated investigators who will look at all the evidence and make a decision based on what they can see and what they find out from their enquiries. The best thing you can do is get as much information and evidence on the accident as possible and forward it onto your insurers - it's their responsibility to decide who was at fault.