Details That You Should Exchange At The Scene Of A Motor Accident
In this article we discuss the legal requirement to exchange details at a motor accident scene involving personal injury or vehicle / other property damage.
We discuss:
- What you should do if the other a party is not present at the time of the accident.
- Reporting to the police if you wrongly leave the accident scene without providing detail.
- Who is entitled to be provided with your details.
- How to claim via the Motor Insurers Bureau is there is no insurance or you are involved in a hit and run.
- Details That You Should Exchange At The Scene Of A Motor Accident
- What details should be exchanged at road traffic collision accident scene?
- What if you cause damage to a vehicle, but the owner is not present?
- What should you do if you leave a motor accident scene without exchanging your details?
- Who is entitled to be provided with your details?
- What happens if the driver is not insured?
- Can you still claim if the driver makes off in a hit and run before you can get any details?
- SUMMARY – Exchange Of Details In A Motor Accident
- FREE Legal Help From Our Personal Injury Solicitors
- What details should be exchanged at road traffic collision accident scene?
What details should be exchanged at road traffic collision accident scene?
Motor vehicle drivers are required by UK law to provide certain details at an road traffic accident scene.
| Injury Occurs Or Vehicle / Property Damage |
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| The legal requirement to exchange details exists when the motor accident causes a person to be injured or there is vehicle damage or property damage. |
The full details of what should be exchanged are set out on the government website.
In brief the details include:
- Your vehicle registration number.
- Name and address of you as the driver.
- The name and address of the vehicle owner if different than yourself.
What if you cause damage to a vehicle, but the owner is not present?
In this instance – at the very least you should leave your contact details on the owner’s windscreen, so that can be contacted to get the full required details.
What should you do if you leave a motor accident scene without exchanging your details?
As explained earlier – you should leave your details at the accident scene. However, sometimes you may panic or be met with extreme aggression by another driver, such that you wrongly flee.
It is in this instance – it is essential that you contact the police within 24 hours. You should give them the full details of the accident events and all your required details that you should have exchanged.
Who is entitled to be provided with your details?
The test is whether that person or body has “reasonable grounds for requiring them”.
Some examples of who has reasonable grounds include:
Personal injury victims
If you are injured in a motor accident or you cause injury, you should leave your details with the injured party.
For example – a pedestrian hit by a car or another motor vehicle driver who is injured and suffers vehicle damage in a collision on the road.
The police
When an accident on the road occurs and someone suffers personal injury. The police should attend and produce a police accident report. This report will give specific details about how the accident occurred, have statements from those involved and have technical details (such as tyre skid marks, etc).
In addition, when a road accident occurs there is not only the matter of a civil personal injury claim, but also a potential criminal matter that the police may wish to investigate under the Road Traffic Act.
Such criminal acts include dangerous driving; careless/inconsiderate driving and failure to stop / report an accident.
The motor insurance company of the driver at fault and the third party
Both the motor insurer of the driver who caused the accident and the motor insurer of the person whose vehicle was damaged and suffered injury.
The motor insurers would wish to investigate who is legally-at-fault for the accident. This will allow them to meet their liability under the respective motor vehicle insurance policies.
Your solicitor
You may have been injured in a road accident and any solicitor you instruct would need the driver-at-fault ‘s details. This will allow your claim to be commenced for personal injury and financial loss.
The council or land owner
Council property, such as traffic lights or bollards, may have been damaged in a motor accident, The council have a right to recover their costs back from the person-at-fault and thee relevant motor insurance company.
Alternatively, a private house owner may be affected by a vehicle entering onto and damaging their house, property or land.
Examples might include:
- A car colliding with your garden walls or your house itself.
- A collision of vehicles in which the vehicles are pushed onto your private land causing significant property damage.
What happens if the driver is not insured?
The driver who caused the accident may not be insured and so is unable to provide motor insurance details.
There is a potential criminal issue and an implication as to how a claim for personal injury can proceed.
Driving without insurance is a potential criminal offence under the Road Traffic Act. There are some potential escapes to prosecution, such as:
- The driver did not know nor have reason to believe that the vehicle was not insured.
There would seem to be no motor insurer to meet your personal injury claim.
However – the Motor Insurers Bureau (better known by the abbreviation MIB) will meet the liability of uninsured drivers as though they were insured by the MIB (subject to some restrictions).
Can you still claim if the driver makes off in a hit and run before you can get any details?
As explained earlier – leaving the accident scene without providing details is a potential criminal offence under the Road Traffic Act and as before the Motor Insurers Bureau meet the liability.
Sometimes you (or a witness to the accident) may have taken the offender’s registration number down. Typically, the registration will allow the identity of the driver and the relevant motor insurer to be established.
| Make Sure You Inform The Police |
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| Report your road accident to the police immediately. This is requirement of the MIB to allow them to consider meeting your personal injury claim. |
SUMMARY – Exchange Of Details In A Motor Accident
This article looks at:
- The legal requirement to exchanged details following a car or other motor vehicle accident.
- The implications of failing to exchange details.
- How you can proceed with your personal injury claim when the driver-at-fault is insured, makes off or is not insured.
NEXT STEPS
We recommend you see our road traffic accident article. Here we set out how to prove fault for your motor vehicle.
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Take a look at our specialist solicitor free online and telephone help service. You can discuss your accident in person and have your questions answered.
