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.
Back to contents
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.
Back to contents
What must a driver involved in a traffic accident 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; or
another vehicle, or someone else’s property, is damaged; or
an animal in another vehicle or running across the road is injured; or
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.
For more information about personal injuries, in England and Wales see Personal injuries, and in Scotland see Personal injuries.
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.
For more information in England and Wales about making a claim to your insurance company, see Motor insurance in Consumer fact sheets.
Back to contents
Police checks for insurance
The police can, when they suspect a crime is being committed, access a computerised database to check whether a vehicle and/or its driver has insurance cover.
The police can seize a vehicle if it is driven while uninsured. If the owner doesn't produce a valid insurance certificate within seven working days, the police can sell the vehicle. However, the owner can claim back the proceeds of the sale.
Back to contents
Tracing the owner of a vehicle when the driver refuses to give information
A driver involved in an accident is required to give information - see under heading What must a driver involved in a traffic accident do. If someone other than the owner of the vehicle was driving it at the time of the accident, the owner can also be required to give the police information about the person who was driving. It is an offence not to provide the police with this information unless the owner can show they did not know and it was not reasonable for them to find out.
If a driver involved in a traffic accident refuses to give details, such as name and address, at the scene of the accident, this information can be obtained in other ways. If the registration number of the vehicle has been noted and the accident has been reported, the police can trace the owner (not necessarily the driver) of the vehicle and their insurance company. However, the police can refuse to pass on this information.
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 use form V888 available at www.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. You can also get the form from the DVLA:
DVLA
Drivers' Customer Services
Swansea
SA6 7JL
Tel: 0300 790 6801
Textphone: 0300 123 1278
Fax: 0300 123 0784
Website: www.gov.uk
In Northern Ireland, the Driver and Vehicle Agency (DVA) can give the name and address of the person registered needing it, provided that the circumstances relate to a vehicle or its use on the road.
If you need this information, you should use form V888 (NI) available at www.nidirect.gov.uk.
You can also get the form from the DVA:
Driver and Vehicle Agency (DVA) (Northern Ireland)
Vehicle Enquiries Section
Castlerock Road
Coleraine
Co. Londonderry
BT51 3TA
Tel: 0845 402 4000
Minicom - Vehicles: 028 7034 1351
Minicom - Drivers: 028 7034 1380
Fax: 028 7034 1422
Email: dvlni@doeni.gov.uk
Website: www.dvani.gov.uk
Back to contents
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, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on the nearest CAB.
Back to contents
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, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
Back to contents
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. The scheme is administered by the Compensation Recovery Unit of the Department for Work and Pensions.
Back to contents
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.
Witnesses should write down their evidence and keep their original notes, as it may be some time before any claims are settled or court proceedings are heard. 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.
Back to contents
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 action (see under heading Taking court action). 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