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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    Assigning fault in traffic accidents


    Technology is coming to the aid of the motorist these days with all kinds of apps for smartphones and even on-board cameras to monitor driving performance. Although many people use them to help them reduce insurance premiums – sometimes known as ‘black box’ or ‘telematics insurance’ – these steps can also be very useful when it comes to deciding who is to blame in traffic accidents.

    Who did what and when?

    When there is an accident, it is natural that both drivers claim that it was the other’s fault, although occasionally of course it is clear who was to blame, when pulling out from a junction or a rear shunt. Because personal injury compensation can only be paid to the not-at-fault party, sometimes assigning blame in the event of traffic accidents can be crucial, so if you have any witnesses make sure you have their contact details, even if there seems to be no argument from the other driver at the scene. Sometimes they change their story, especially if they have had other claims on their insurance in the recent past.

    Do the police always attend traffic accidents?

    The police don’t attend all incidents but they must be called if anyone is hurt or if the vehicles are causing a hazard. The police will take various measurements and also take initial statements. These can be very useful if you pursue a personal injury claim relating to any traffic accidents so it would be handy if you could get the incident number at the time. If you forget in the heat of the moment, don’t worry – you will get confirmation through the post as well. Hang on to the paperwork, as it may be important later.

    Caught on camera!

    If you have any camera footage or if you have a ‘black box’ then do mention that to our lawyers when you call our Freephone helpline. You are unlikely to have to appear in court or do anything other than use the phone, but corroborative evidence like this can be crucial. Usually the other party admit liability in the face of photographic evidence but some insurance companies can be very insistent that their clients never admit liability and in that case every piece of evidence counts.

    Date Published: September 2, 2013

    Author: David Brown

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.