In this article, we will explain:
- What to do immediately after a road traffic accident
- How to help anyone who is injured
- The legal requirements for exchanging details
- Why it’s important to record what happened
- When and how to seek professional advice
What should I do immediately after a road traffic accident?
Stay calm and bring your vehicle to a safe stop as soon as possible. This may mean driving forward until you can stop safely or pulling into a side street. It is an offence not to stop after a collision. Turn off the engine and switch on your hazard lights. Collisions can be upsetting, so it is important to keep your composure and avoid losing your temper. You should not admit responsibility until you are sure you understand the circumstances fully.
How can I help anyone who is injured?
Check whether anyone is injured and call the emergency services if necessary. If someone is hurt, contact the police and an ambulance immediately. Some injuries develop in the days following a collision, so if you experience pain, you should visit your GP or Accident and Emergency at your local hospital.
What are the legal requirements for exchanging details?
Speak to those involved and exchange details if possible. The law requires drivers involved in an accident to:
- Stop
- Exchange names and addresses of the drivers
- Exchange names and addresses of the vehicle owners
- Exchange vehicle registration numbers
- Produce a valid insurance certificate if someone is injured
If this is not possible, the incident must be reported at a police station or to a police officer as soon as reasonably practicable and within twenty-four hours.
Why is it important to record what happened?
A collision can affect your physical and mental health, and there will be administrative matters to deal with, including insurers, solicitors and repairs. Taking note of the circumstances early will help preserve your memory of events. Useful information may include witness names and contact details, the date and time of the collision, any discussions afterwards, and the driving conditions, including weather, road conditions and lighting. If possible, take photos of the scene and any damage to the vehicles. If you have suffered injuries, you may wish to photograph these so you have a record of them during your recovery.
When and how should I seek professional advice?
You should report any road traffic accident to your insurer, as most policies require this. Even if you do not intend to make a claim for repairs, another driver may choose to do so, and your insurer must be aware.
Under Scots law, individuals injured in a collision through no fault of their own are entitled to claim compensation. This also applies to those who have lost loved ones. To be successful, it must be shown that another road user’s wrongful act caused the collision.
It is important to seek advice from a personal injury solicitor to determine whether you may be entitled to claim. While your insurer may pass your details to a solicitor, you are usually entitled to instruct a solicitor of your own choosing. You should consider who you want to represent you, support your rehabilitation and ensure you receive the compensation you are entitled to.
For specific, tailored advice on a potential claim, please contact the MFMac Personal Injury Team. You can also call 0131 247 1000 for a free, confidential discussion.
