What To Do In The Event Of An Accident
(When It's Your Fault !)

Some people have difficulty accepting that they could possibly be to blame for an accident. This is especially true of older drivers who have '40 years unblemished record' or those who have passed an advanced driving course. I recall a claim form which said ' this accident was not my fault - I am an advanced driver and he should not have stopped in front of me!' (This driver had just hit a stationary car.)

But the truth is that even the best of us can have a momentary lapse of concentration. And of course there are those with an aggressive driving style or a very timid driving style which is just asking for trouble on today's overcrowded roads.

When you report to your insurers, tell them the truth! It is OK to admit to your insurers that it was your fault. They will not thank you if you bend the truth to try and make out it was not your fault as they might try and defend claims made against you, lose and ultimately increase they outlay. They would much rather you told them simply and clearly what happened than make up a story that might make you feel better but will set them on a long and expense dispute they can't win. e.g. ' I drove out of the side road without looking and was hit by the other car' is much better than ' I stopped at the junction and looked both ways, nothing was coming so I started to cross when he hit me. He must have been going so fast and it was all his fault'

By being honest, holding you hand up and telling your insurers exactly what happened, you give them a much better chance of making the right decisions about how to deal with the third party aspect of your claim. If they know they will have to pay the other drivers claim, they can start to take steps to limit and control the amount of money they have to pay out.

You will probably receive loads of letters from the other drivers insurance company, his brokers, his legal expense insurers or his solicitors, possibly his employers (if using a company car) and so on. Just send them all off to your insurer, unanswered. They will look after this for you. Some solicitors in particular can be very threatening and intimidating with the style of letter they use. They says things like 'you must tell us the name and address and policy number of your insurers or you will be in breach of the Road Traffic Act and we will report you for a criminal offence' 'You must admit liability in writing within 7 days or we will issue proceedings against you' and so on. Just ignore it! Don't get worried. Let your insurers deal with it. I have had numerous telephone calls from my customers who have become very frightened by this sort of letter. There are some very aggressive solicitors out there today who have found a 'gravy train' by doing this sort of work. Since the implementation of the 'Woolf reforms' in April 1999, solicitors should now use a standard 'letter of claim' but this is still somewhat intimidating and I would urge Lord Woolf to 'tone it down a bit'.

You could also receive a Summons through the post. There are two possible Summons you might receive (for my dear readers in Scotland, this bit applies to English Law but similar action happens in Scottish Law)

- A summons to answer a criminal prosecution in the magistrates court (or Crown Court if the alleged offence is very serious)
- A county court 'claim form' (or possibly a high court writ) seeking payment of 'damages' for a civil action.

In either case, send this immediately to your insurer. They will look at 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 matter, they might just decide to pay up.

If you feel the need to talk to your insurer, please do so but do not delay in letting them have the Summons. That is the worst thing you can do. There are time limits in which action must be taken.

Next.....What To Do In The Event Of An Accident When Both Parties Are To Blame