If you are stuck in such a situation, here is what to do.

Mr. Patel was executing a turn onto a main road in the town of Northwood when another vehicle, driven by Ms. Davies, collided with the side of his car. Mr. Patel is firm in his belief that he was not the cause of the accident. However, Ms. Davies alleges that the fault lies with him. An independent witness who saw the incident, Ms. Sharma, stated that she believes Mr. Patel may have been at fault but admitted she was not entirely certain. Ms. Sharma has dashcam footage of the event, which she intends to provide to the other party’s insurance company.

Mr. Patel has dutifully reported the incident to his own insurance provider but has chosen not to make a claim for his own vehicle’s damage. He is understandably anxious, assuming Ms. Davies will be filing a claim against his policy. His primary concerns revolve around the process that follows: how the insurance companies will determine liability using the statements and video evidence, and the potential impact on his insurance premiums. He is also worried about the dashcam footage potentially showing the incident in a light that proves his fault, and whether there could be consequences beyond the financial implications of increased insurance costs.

Advice in such cases

In the immediate aftermath of a road traffic collision, it is crucial to remain calm and avoid admitting liability at the scene. Your priority is to ensure the safety of all involved and to gather the necessary information. Let the insurance companies, who are experts in this area, determine legal fault based on the evidence.

• Promptly report the incident to your insurer, providing a clear and factual account of what happened. Do this even if you do not intend to claim for your own damages.
• Exchange details with the other driver, including names, addresses, contact numbers, and insurance information.
• If possible, take photographs of the accident scene, the position of the vehicles, any road markings, and the damage to all vehicles involved.
• Obtain the contact details of any independent witnesses.
• Do not engage in prolonged arguments about fault at the roadside.

Applicable Sections of Law

Liability in such cases is determined by a combination of statutory duties and common law principles:

• The Road Traffic Act 1988: Section 170 of this Act imposes a legal duty on a driver involved in an accident to stop, and to provide their details to anyone with reasonable grounds to require them. Failure to do so is a criminal offence.
• The Highway Code: While not a statute in itself, the rules within the Highway Code are often used by courts and insurers to establish the standard of care expected of a reasonably competent driver. A failure to adhere to the Highway Code can be used as evidence of negligence. Rules concerning junctions, turning, and observation are particularly relevant here.
• Common Law of Negligence: For the other driver to succeed in a claim, they must prove on the balance of probabilities (i.e., that it is more likely than not) that you owed them a duty of care, you breached that duty by failing to drive with reasonable care and skill, and this breach directly caused the collision and their losses.

If you are the complainant

If you are the party seeking to claim (the claimant, like Ms. Davies in this scenario), you would report the incident to your insurer with your version of events. Your insurer would then initiate a claim against the other driver’s policy. Your role is to provide all evidence you have, such as your statement and any dashcam footage or witness details, to help your insurer prove the other party was negligent.

If you are the victim

If a claim is made against you (making you the defendant in the civil matter, like Mr. Patel), your primary responsibility is to cooperate fully with your own insurance company. They will defend the claim on your behalf. Provide them with a detailed, honest statement of events. Your insurer will review all the evidence from both sides, including the dashcam footage, to assess liability. They will then decide whether to deny liability, accept it, or negotiate a split-liability settlement with the other insurer.

How the police behave in such cases

For a minor, damage-only collision where drivers have stopped and exchanged details, the police are unlikely to attend or conduct an investigation. Their resources are typically focused on incidents involving serious injury, a failure to stop, or where a criminal offence such as dangerous driving or driving under the influence of alcohol is suspected. The matter is generally left for the insurance companies to resolve as a civil issue.

FAQs people normally have

• Will my insurance premium increase even if the accident wasn’t my fault? It is possible. Insurers assess risk based on your overall claims history, including non-fault accidents. While an at-fault claim has a much larger impact, any incident can potentially affect your renewal premium.
• What if the dashcam footage shows I was at fault? If the evidence clearly indicates you were at fault, your insurer will likely accept liability on your behalf. The primary consequences will be financial: the loss of some or all of your No Claims Bonus (unless protected) and a higher premium upon renewal. Unless the footage shows an act of dangerous or careless driving that meets a criminal threshold, it is highly unlikely to lead to police action.
• What is a ‘split liability’ or ’50/50′ agreement? This is a settlement where both parties are deemed to be equally responsible for the accident. In this case, each driver’s insurer pays for 50% of the other’s losses. For insurance purposes, this is usually recorded as an at-fault claim for both drivers and will affect their premiums accordingly.

What evidence is required?

Insurers use a range of evidence to determine who was at fault for a collision. This includes:

• Statements from both drivers involved.
• Dashcam footage from any vehicle or witness.
• Photographs of the scene, road layout, and vehicle damage.
• Statements from independent witnesses.
• The location and nature of the damage on the vehicles, which can help reconstruct the impact.

How long will the investigation take?

The timeframe for resolving an insurance claim can vary greatly. If liability is clear and agreed upon quickly, it may be settled within a few weeks. However, in disputed cases like this one, where evidence needs to be gathered and assessed, it can take many months for the insurers to reach an agreement.

Consult with Lawyer

The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Advocate Sudhir Rao, Supreme Court of India