The Law if You Are the Driver in an Accident

Hundreds of drivers are involved in traffic accidents every single day and there are strict laws that govern what motorists need to do in the case of a car crash, from swapping details to taking insurance information.

Having a bump, whether it’s big or small, can be very scary and upsetting, and it helps to be aware of the legal responsibilities you have if you are involved in an accident.

Not following proper legal procedures can work against you when you come to claim on your insurance policy and if you are pursuing a ‘no-fault’ claim, it can reduce your credibility if you inadvertently don’t do something you should.

There are some unscrupulous drivers who will spot that you don’t know what you need to do and will try to tell you what the law requires, so that they can take advantage of the situation – leave you facing a fault claim when you didn’t do anything wrong.

Determining Responsibility For The Accident

Sometimes it’s blatantly obvious who is at fault for a bump, other times it's not so clear. For instance, if someone pulls out too quickly onto a roundabout and reverses back to avoid a collision, hitting you in the process, then without witnesses it may be hard for you to prove that you didn't just go into the back of the car in front. Your insurance company can decide that the accident was your fault - as it is your responsibility to provide a safe braking distance - however unfair that might be.

Because lots of insurance companies tell drivers not to accept responsibility, it can be really hard to get someone to admit that an accident is their fault. Usually, the best thing to do is to not admit liability or try to force the other driver to do so, but to make a written note of what happened, and if possible, take photographs that show the positioning and angle of the vehicles, giving a clear indication of what happened. If possible, also get eyewitness contact details that you can refer back to later if necessary.

Do I Need to Stop My Car After an Accident?

If you are involved in a road traffic incident and any of the following points are applicable, you need to stop, regardless of whether or not the accident was your fault.

• anyone is injured (other than you)
• someone else's property or another vehicle is damaged
• an animal on the road or in another vehicle is injured
• part of the road furniture (street lamps, bollards, road signs) is damaged

If you need to stop, you must stay with the vehicle until anyone involved in the accident has had the chance to ask you for your contact information and/or insurance details. If you are asked for your information by anyone involved in the incident (e.g. injured person, owner of a dog injured in the bump, a police officer or witness) then you must supply your name and address, your registration number and if the car you are driving isn't yours, the details of the registered vehicle owner.

Do I Need to Report it to The Police?

If you didn't leave your details at the scene of the accident, then you are required to report the incident either to a police officer or in person at a police station. You must do this as soon as you can, and within 24 hours of the incident.

The Other Driver Asked for My Insurance Certificate. What Do I Do?

If you provided your contact information at the scene, or are reporting it at a police station later, then you will usually be asked to provide your insurance information to an attending police officer or another person involved in the incident (either directly or indirectly). This is most likely in the case of personal injury and insurance details are usually requested for most incidents. If you don't carry it with you, then you will need to take your certificate to the police station within 7 days of the accident.

Alternatively, if you do produce your contact details and insurance certificate at the scene of the accident then there is no need for the accident to be reported to the police, as long as you have given all the information required, as set out above.

Damage Only Incidents

If there was no other vehicle involved, but you cause damage to something, then you must supply your own insurance details to anyone who might want to pursue an insurance claim against you. You should also inform the police initially in the event that you damage any council or personally-owned property, but you don’t know who to tell. The police will then be able to pass the information onto the relevant parties

Do I Need to Tell my Insurance Company?

Yes. You should always inform your insurance policy of any incidents involving your vehicle. Failure to do so can invalidate your existing policy, regardless of who was to blame for the incident.