Traffic accidents

An accident is defined as a traffic accident if it occurs on a road or in a place to which the public have access. This can include footpaths and bridleways. In Scotland, a public road is one that a local authority has a duty to maintain.

Who is responsible for a traffic accident

It may be obvious that someone caused the accident and there will be no dispute about liability. However, there will be cases where it is not obvious, or where the extent of liability is difficult to work out.

For example, as a general rule, the driver of a vehicle which runs into the back of another vehicle will be held liable for the accident. This is the case even if the car in front has braked sharply or unexpectedly, because drivers are required to drive a safe distance behind other vehicles.

However, there may be circumstances when this does not apply, and if liability is disputed, legal advice will be necessary unless the insurance company is dealing with it.

What a driver involved in a traffic accident must do

A driver involved in a traffic accident should stop whether or not the accident was their fault if:
• anyone, other than themselves, is injured
• another vehicle, or someone else’s property, is damaged
• an animal in another vehicle or running across the road is injured
• a bollard, street lamp or other item of street furniture is damaged.

If you have to stop, you must remain near the vehicle long enough for anyone who is involved directly or indirectly in the accident to ask for details. This could be, for example, the owner of an injured animal, a relative of someone who is injured, or the police. The driver must then give their name and address, the name and address of the owner of the vehicle (if the driver is not the owner), and the registration number of the vehicle.

The driver may also have to report the accident to a police officer or at a police station, in person, as soon as practicable and in any case within 24 hours. This duty arises whenever the driver has not given their name and address at the scene of the accident, whether or not they were asked to do so.

If any personal injury is caused to another person, the driver must also produce a valid insurance certificate if asked to do so by a police officer, injured person, or anyone else directly or indirectly involved in the accident. If the insurance certificate is asked for, but not produced at the time, the accident must be reported to a police station as soon as practicable, or in any case within 24 hours, and the insurance certificate must be taken to a police station within seven days of the accident.

However if the driver is asked at the time of the accident to produce insurance details and does so, there is no further obligation to report the accident to the police, as long as they have complied with the duties described above.
In the case of a damage-only accident, the driver must give insurance details to anyone who may wish to make a claim against them.

In all accidents, drivers should inform their own insurance company.

In England, Wales and Scotland, the Driver and Vehicle Licensing Agency (DVLA) can give the name and address of the person registered as the keeper of the vehicle to anyone who has a good reason for needing it, provided that the circumstances relate to a vehicle or its use on the road.

If you want this information, you should write to the DVLA explaining why you need it. Or you could use the V888 form on the DVLA website at www.dvla.gov.uk. A fee of £2.50 is payable. You must give the registration number, make and model of the car and the date of the accident. If the DVLA does not consider there are adequate reasons for providing the information, it will return the fee.

Was a driver driving illegally?

Examples of driving illegally include driving:-
• alone on a provisional licence
• without a driving licence, tax or insurance
• while disqualified from driving
• a stolen vehicle
• an unsafe vehicle
• without an MOT certificate
• while drunk or under the influence of drugs.

A driver who is driving illegally is not in a strong position to take legal action against anyone else, even if another other person caused the accident.

If you are involved in a traffic accident where a driver was driving illegally you should consult an experienced adviser.

Accidents caused by sudden illness

If an accident occurs because a driver has become ill, for example, through a stroke or heart attack, they will not be prosecuted for the way they were driving. However, in some circumstances they could be liable to pay compensation. This may be covered by their insurance.

If you are involved in an accident caused by the illness of the driver, you should consult an experienced adviser.

Traffic accidents related to work

An employee who has a traffic accident whilst travelling for work (or possibly on the way to work) should bear in mind the following points:-
• if the vehicle is insured by the employer, the employee will be covered by the employer’s vehicle insurance, whether or not they were responsible for the accident
• if the employee is an injured pedestrian or cyclist, the employer will normally be liable in the same way as for any industrial injury, unless the employee clearly acted negligently
• if the employee is a trade union member and is injured they will usually get free legal help from the trade union
• they may be able to claim benefits under the industrial injuries scheme

Payment for hospital treatment

The Injury Costs Recovery Scheme allows the NHS to recover the cost of treating an injured patient in cases where personal injury compensation is paid to that person.

Under the scheme, the person paying the compensation must reimburse the NHS for hospital treatment and ambulance services, up to a maximum amount. The scheme applies to everyone paying compensation and not just to insurance companies.

Witnesses

It is important to obtain evidence from independent witnesses about what happened at an accident.

If someone who is present at an accident refuses to act as a witness, it is advisable to ask the police if the witness has been called to give a witness statement. If this is not possible, it is very difficult to do anything, unless the name and address of the witness are known.

With this information they can be called as a witness in any civil court proceedings that might take place.

Whatever witnesses may say, the people involved in the accident should make their own written accounts of what happened, including making sketches and taking photographs as soon as possible and keeping their original notes.

Failure to respond to claim letters

If someone does not reply to a claim letter holding them liable for damages following a road accident, you should take one of the following courses of action:
• if you have fully comprehensive insurance, let the insurance company pursue the claim. If the insurance company does not manage to recover damages from the other person you may lose your no-claims bonus, unless you can successfully sue the liable person
• if you have no insurance, or have only third party insurance, you will have to pursue the claim yourself. If the other person does not respond, you may have to take court. However, if the other person doesn't respond, it may be hard to prove the case in court unless you have independent witnesses
• if the police were involved, they can be contacted to ask whether they are following up the accident and whether they have heard from the other person.

If someone fails to respond to claim letters you should consult an experienced adviser for example, at a Citizens Advice Bureau.

Taking court action (England and Wales)

In England and Wales, if you do not have an insurance company acting for you, you may have to sue the liable person, for example, to recover uninsured losses. Where this is the case, bear the following points in mind:
• if the claim is defended and is allocated to the small claims track (that is most claims of £5,000 or less), you will not usually be entitled to claim solicitor’s costs, and will therefore have to deal with the case yourself, or pay for a solicitor.
• if the claim is defended and allocated to either the fast track or the multi-track, you will be able to make a claim for your legal costs against the other party, although there is no guarantee you will get them all back
• whether the case is allocated to the small claims track, fast track or multi-track, you may be able to get some help with legal costs.

If a claim form has been issued against you, you need to respond quickly, as time limits for entering a defence are quite short. Even if you admit you are liable for some or all of the damages claimed, you may have a good counterclaim to make and this must be done quickly.

In Scotland, a person may have civil action raised, or may raise it, under the small claims, summary cause or ordinary cause procedures.

Stationary or fixed objects

If someone hits a stationary object, either on the road itself or alongside the road, they should consider the following:
• was the object adequately marked or lit to enable the driver to see it clearly and in time to avoid it, for example, an unlit car, skip or roadworks. If not, it will be necessary to find out who was responsible for failing to do so. For example, if the object was a parked car, the responsible person is the owner. If the object was roadworks, then whoever is carrying out the roadworks is responsible, for example, the local authority, a gas, water or electricity company, or contractors doing the work on their behalf
• had the object been left on the road either unlawfully or in an unsafe way, for example, a car parked on a blind corner. If so, the owner of the object or vehicle may be liable
• have there been any similar accidents caused by the object. If so, this is evidence that the object had contributed to the accident.

The condition of the road surface

An accident may be caused by the condition of the road surface, for example, by pot holes, ice, mud or leaves. Adequate warning may not have been given of a problem with the road surface, for example:
• the local authority (Department of the Environment in Northern Ireland) may have failed to respond reasonably to a problem with the road surface. If so, they may be liable for any accident caused
• individuals or firms, for example, farmers or contractors may have left mud or grease on the road surface for an unreasonable period of time without adequate warnings. If so, they may be liable for any accident caused
• a contractor who has failed to reinstate the road surface properly after carrying out works.

Source: Citizen Advice Bureau