I've Had A Road Traffic Accident - And It Was My Fault

Many of us have trouble accepting that they could possibly be to blame for an accident. This is especially true of more mature drivers who have not had an accident in 30 years of driving or those holders of advanced driving certificates. I well remember an accident claim form which stated ' I am not to blame for this accident - I am an advanced driver and he should not have stopped in front of me!' (The advanced motorist had just hit a stationary car.)

The actual truth is that even the most careful of drivers can have a moment of insanity. And of course we've all met those with an aggressive or very timid style of driving which is just asking for trouble on today's overcrowded highways.

When you file an accident form with your insurers, tell them the whole truth! It is OK to admit to your insurers that you were to blame. They will not thank you if you falsify the truth to attempt to make out it was not your fault as they might try and defend claims made by the other party, lose and ultimately increase their outlay. They would much prefer that you reported clearly and simply what happened than make up a tale that might make you feel happier but will set them on a protracted and expensive dispute they can't win. For example ' I pulled out of the side road without looking and was hit by the oncoming vehicle' is much better than ' I halted at the junction and checked for oncoming traffic, the road was deserted so I pulled out when he hit me. He must have been driving well above the speed limit and it was all his fault'

By being honest, owning up to your mistake and telling the insurance company exactly what happened, you provide them a much better chance of coming to the right decisions about how to deal with the third party section of your claim. If they know that they will have to pay the other drivers claim, they can start to invoke procedures to control and limit the amount of damages they have to pay to the other party.

You might well 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. Simply send them all off to your insurer, unanswered. They will look after this for you. Certain solicitors in particular can seem to be very intimidating and threatening with the style of letter they use. They say things like 'You need to admit liability in writing within 7 days or we'll issue proceedings against you' or 'you must tell us the name and address of your insurance company plus your policy number or you will be in breach of the Road Traffic Act and we will report you for a criminal offence' and so on. Just ignore it! Don't worry over them. Let the insurers deal with it. I have received many telephone calls from my clients and friends who have become very frightened by this type of letter. There are a number of very aggressive solicitors out there today who have found a 'gravy train' by taking on this type of work. Since the introduction of the Woolf Report in April 1999, solicitors should now use a standardised 'letter of claim' but this is still somewhat intimidating and I would urge the authorities to 'tone it down a bit'.

You might also get a Summons through the post. There are two variations of summons you might receive (for those residing in Scotland, this bit describes English Law but similar action happens in Scottish Law

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

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

In both of these cases, send the paperwork to your insurer immediately. They will inspect it to see what the summons is for and make a decision 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 bearing in mind the possibility of considerable costs being awarded against them should they fail to win the case. If you feel that you have to talk to the insurer, please do so but do not let it stop you passing on the Summons. That would be the worst thing you can do. There are strict time limits in which action must be taken.

Article Source: http://www.myaddirectory.com

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

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