Chris LathamDisclaimer: This guide is general information, not legal advice. If you are unsure about any aspect of your claim, seek independent legal advice.
Being involved in a car accident is stressful. Even a minor collision can leave you shaken, unsure of what to do next, and worried about what happens with your vehicle, your insurance, and your right to compensation.
This guide walks through what to do at the scene, what to collect, and how the process works after the accident. Whether the accident was your fault or not, following these steps protects your position and makes everything that follows significantly easier.
1. At the Scene
Safety comes first. If anyone is injured, call 999 immediately. If the vehicles are causing a hazard, move them to a safe position if it is safe to do so. Turn on your hazard lights.
You are legally required to stop and exchange details with the other driver. Under Section 170 of the Road Traffic Act 1988, if you fail to stop and provide your details after an accident involving injury, damage, or harm to another person's property, you are committing an offence.
Exchange the following information:
- Full name and address of the other driver.
- Vehicle registration number.
- Insurance company name and policy number (if available).
- Contact telephone number.
If the other driver will not provide their details, note the registration number and report the accident to the police within 24 hours.
2. What to Record at the Scene
The more information you collect at the scene, the stronger your position. Do not rely on memory. Use your phone.
Photographs. Take clear photos of all vehicles involved, showing the damage from multiple angles. Photograph the wider scene, including road markings, traffic signs, junctions, and any skid marks. If visibility, weather, or road conditions are relevant, photograph those too.
Witness details. If anyone saw the accident, ask for their name and contact number. Independent witness evidence can be decisive in disputed liability cases.
The other vehicle. Note the make, model, colour, and registration. If the driver is not the registered keeper (for example, a company vehicle), note the company name displayed on the vehicle.
A brief note of what happened. While it is fresh, write down what happened in your own words. Where were you? What direction were you travelling? What did the other driver do? A few sentences on your phone is fine.
Do not admit fault. Even if you think you may have been partly to blame, do not say so at the scene. Liability is a legal question that depends on the full circumstances. A comment made in the moment can be used against you later.
3. Report the Accident to Your Insurer
You should notify your own insurance company as soon as reasonably possible, even if the accident was not your fault. Most policies require you to report any incident, regardless of whether you intend to make a claim.
When you call, have the following ready: date, time, and location of the accident. The other driver's details. A brief description of what happened. The crime reference number if the police attended.
A note on "non-fault" claims. If the accident was not your fault, you are entitled to claim your losses from the at-fault driver's insurer. This includes vehicle repair or replacement, a hire vehicle while yours is off the road, personal injury compensation, and any other reasonable out-of-pocket expenses. You do not have to claim through your own insurance for these losses, although your own insurer may assist you with the process.
4. Your Vehicle: Repair or Write-Off
If your vehicle is damaged but repairable, it will need to be assessed by an engineer. The repair process can take anywhere from a few days for minor damage to several weeks for more significant work.
If the vehicle is written off (the cost of repair exceeds the vehicle's market value), you are entitled to the pre-accident market value of the vehicle. This is not the trade-in value or the amount you paid for it. It is the amount it would cost to buy a vehicle of the same make, model, age, mileage, and condition on the open market immediately before the accident.
If you believe the insurer's valuation is too low, you can challenge it. Gather evidence from similar vehicles advertised for sale (AutoTrader, local dealers) and present a reasoned case for a higher figure.
5. Replacement Vehicle
If the accident was not your fault, you are entitled to a replacement vehicle while yours is being repaired or while you are waiting for a total loss settlement. This is a well-established legal principle. The courts have consistently held that a claimant who has been deprived of their vehicle through no fault of their own is entitled to the reasonable cost of a replacement.
You do not have to accept whatever the other driver's insurer offers you. You have the right to arrange your own hire vehicle, and the cost can be recovered from the at-fault insurer provided it is reasonable.
What "reasonable" means. The replacement should be comparable to the vehicle you have lost the use of. You do not have to accept a downgrade. If you were driving a specific type of vehicle, you are entitled to a similar replacement, not a smaller or lower-specification vehicle chosen by the insurer to save costs.
Credit hire. Many non-fault claimants use credit hire companies to provide a replacement vehicle. Under a credit hire agreement, the hire company provides the vehicle and recovers the cost directly from the at-fault insurer. The claimant does not pay upfront. This is particularly important for claimants who cannot afford to hire a vehicle out of their own pocket while waiting for the claim to settle.
6. Personal Injury
If you have been injured, even if the injury seems minor, see a doctor as soon as possible. Whiplash symptoms in particular can take 24 to 48 hours to develop fully.
Your medical records will form a key part of any personal injury claim. The sooner the injury is documented, the stronger the link between the accident and your symptoms.
For most road traffic accident injuries in England and Wales, claims are now processed through the Official Injury Claim (OIC) portal if the injury is valued at up to £5,000. For more serious injuries, or if liability is disputed, the claim may proceed outside the portal.
You can make a personal injury claim yourself through the OIC portal, or you can instruct a solicitor. For straightforward whiplash claims, the portal is designed to be used without legal representation. For anything more complex, legal advice is recommended.
7. Time Limits
You have three years from the date of the accident to bring a personal injury claim (Limitation Act 1980, Section 11). For vehicle damage and other losses, the limitation period is six years (Section 5).
While three years sounds like a long time, evidence deteriorates, witnesses become harder to trace, and the process takes longer than most people expect. Starting the process sooner rather than later is always advisable.
8. Common Mistakes to Avoid
Accepting the first offer. Insurers will often make an early offer to settle quickly. This is not always in your best interest, particularly if the full extent of your injuries or losses is not yet known. You are not obliged to accept the first figure.
Not keeping records. Keep receipts for everything. Taxi fares, bus tickets, parking charges, hire car costs, medical expenses, lost earnings. If you have incurred a cost because of the accident, keep the evidence.
Giving a recorded statement too early. The at-fault insurer may ask you to give a recorded statement. You are not obliged to do this, and it is generally advisable to seek legal advice before agreeing. Anything you say in a recorded statement can be used in the assessment of your claim.
Assuming "non-fault" is straightforward. Even in cases where liability seems clear, the at-fault insurer may dispute it, argue contributory negligence, or challenge the value of your losses. Do not assume the process will be smooth. Prepare as if it will be contested.
9. Where to Get Help
If you need advice on any aspect of your claim, these resources can help:
- Citizens Advice (citizensadvice.org.uk). Free, independent advice on insurance claims and your legal rights.
- The Motor Insurers' Bureau (mib.org.uk). If the at-fault driver is uninsured or untraced.
- The Financial Ombudsman Service (financial-ombudsman.org.uk). If you have a complaint about how your own insurer has handled your claim.
- A solicitor specialising in personal injury. For complex claims, disputed liability, or serious injuries.
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