We get many questions regarding the course of action a motorist should take following an accident.
Even the most minor car accident can be a very distressing experience. It is obvious that if an accident is serious; resulting in injuries or a major traffic disruption, it is advisable to contact the Emergency Services. Your safety and the safety of road users in the vicinity is paramount. The Road Safety Authority offers some very good advice in this area.
When it comes to minor collisions, there are many preconceived views regarding the procedures to be followed. For fear of invalidating their insurance cover or losing a possible court case, many drivers stick rigidly to long-held notions which are not always correct. An example of which includes calling the Gardai after collision for their attendance at the scene.
It is common for the Gardai to refuse to attend the scene of an accident unless there are injuries involved or the collision is causing a major traffic disruption. Generally; the Gardai do not get involved in minor property disputes such as in a motor collision and will advise the drivers to sort the matter out by themselves. They will however take details of the accident, which can be presented to insurers at a later date.
Another misconception is that the cars must be not moved until the Gardai are called. Often this only serves to block traffic and cause major disruption on the road. Depending on the accident, the information obtained by insurers in the accident report form, and from witnesses, is generally sufficient to establish liability. Such an act will not invalidate your insurance cover.
Although in a perfect world insurers would like the Gardai to attend all accidents, and the accident scene to be preserved, they understand that is impractical and in the majority of cases the stated evidence is sufficient.
Admitting liability at the scene
Most motor insurance policies contain a condition which requires the insured not to admit liability after an accident. The principle behind this is to ensure that the insured does not prejudice their legal position if a dispute should arise later. Drivers are often in a state of confusion directly after an accident and their recollection of the events can be impaired. It is wise to hold your tongue until you have had time to gather your thoughts. If you do admit liability at the scene it is not necessarily conclusive, but it may not help your position if you realise later that you were not at fault.
If the Gardai are present at the accident, simply explain to them what happened and this report will be passed to the insurer. If they are not present, advise the other party that you will give full details to your insurer and make a report to the Gardai.
Get all the details
The most important action to take after an accident is to get all the relevant details of the parties involved. These include:
- Name, Address, Telephone/Mobile No. of Third Party
- Registration of the Vehicle/Vehicles involved
- Insurance Details- Policy Number, Insurance Company, Expiry Date
These three items are vital. Insurance details can be retrieved from the third parties insurance disc, located on their windscreen. In some cases, the insurance of the other party may not be valid and hence obtaining the vehicle registration will allow the Gardai to trace the vehicle in such circumstances.
Other information may help your case; such as names and addresses of witnesses, driving conditions, time of accident, lighting, road markings, speed limits etc. In addition, many insurers advise you to keep a disposable camera in the car. If you’re that well prepared, take photos of the post-accident position of the cars before they are moved. You may also be able to take these photos on your phone and later email them on to your insurer. This offers excellent evidence surrounding the circumstances of the accident.
The information as outlined above is requested by the insurance company, typically over the phone, so have the details to hand In some circumstances you will be requested to complete an Accident Report Form. If you have any additional information which cannot be transmitted over the phone or the report form(such as photos), contact your insurer and they’ll advise accordingly.
It is vital that you gather all the relevant details before any party leaves the scene of the accident.
Reporting the Accident
Where the Gardai do not attend the accident, visit the nearest Garda Station as promptly as possible and give full details of the accident. You may be required to give both your details and that of the other party or parties involved. This will include names, addresses, registrations and insurance details. You may also be required to give details of any witnesses at the scene.
It is a condition of most insurance policies, to report the accident promptly. Contact your insurer immediately and provided them with all details as requested. Ensure that all claim forms are completely accurately and timely. This will allow your insurer deal with the claim as efficiently as possible.
In Summary
- Unless there are injuries involved, Gardai will be reluctant to attend the scene of an accident.
- Where it presents no danger to yourself or any other motorist and the accident is of a minor nature, move the vehicle if it is causing a major traffic disruption or presenting a danger to oncoming traffic.
- Get full details of all the parties involved
- Report the accident to Gardai and present them with both your own details and those any other party involved.
- Report the accident to your insurer as promptly as possible. At this point the insurer is likely to refer you to their recommended repairer.
