Do you know what to do when the crunch comes?
Most of us like to think that we are competent drivers. But what happens if, despite all you have learned about road safety and good driving habits, there is a sickening crunch and you find yourself involved in an accident? Maybe it was your fault, maybe it was someone else's -- that is not the issue in the immediate aftermath.
On the assumption that you are not injured, you must now react to your situation and make important decisions that could affect your future. How you do so depends on a clear mind, yet a thousand thoughts are racing through your rattled head: Who should you call first -- the insurance company, the Police, or an ambulance? What should you say? Is your licence valid? Who is driving the other vehicle? Are they insured? After an accident, while you may feel "all shook up'', it is important to remain as calm as possible because the resolution of any insurance claims or court cases depends, at least in part, on what facts you remember and are able to relate.
In terms of your rights, responsibilities, time and money, it pays to be prepared so you know what to do in this situation.
Thanks to BF&M General Insurance Company Ltd., a free booklet containing all the immediate advice you need is available from their Pitts Bay Road offices.
Entitled `Vehicle Accidents -- A Guide for All Road Users', it provides a handy reference to the basic dos and don'ts of handling a vehicle accident.
Read it now, and carry it in the glove compartment of your car for future reference.
The following are some of the booklet's salient points: IMMEDIATELY AFTER THE ACCIDENT Stop at once. Do not continue to drive on, stop and then drive off, or attempt to move your vehicle to a more convenient place, even if the road is blocked.
Also, unless it is absolutely necessary, do not attempt to move anyone or anything. To do otherwise may result in further injury or damage -- and the loss of evidence.
If someone is injured: give first aid (To learn how, read the telephone book's blue pages now); call 911 for an ambulance if necessary and the Police. If there is no phone nearby, ask the driver of a passing vehicle, especially a taxi, to call the emergency services for you. Or maybe someone at the scene has a cell phone. When speaking to emergency services, give clear, calm details of the accident location, and make sure they are understood before you hang up. Yelling or garbling your message wastes precious time, and could mean the difference between life and death.
Make sure ample warning is given to approaching traffic, either by yourself or someone on the scene, and keep access clear for emergency vehicles.
STILL AT THE SCENE To help you in the event of any subsequent disputes over settlement of insurance claims and court cases, gather as much information and detail as you possibly can. This should include names, addresses and telephone numbers (work and home) of all persons involved, including passengers and independent witnesses; the name of the other vehicle's insurance company; the make, colour and registration number of the other vehicle(s); the name and number of the attending Police officer(s).
If possible, try to make your own sketch map of the accident scene -- a simple drawing will do. (Carry a pen and small notepad in the glove compartment of your car at all times). If possible, gather such information as the position of the other vehicle(s); distances from road junctions, roadsides and other vehicles; the name of the road, and any obstructions to view or access of traffic, and from what position witnesses saw the accident.
THE SPOKEN WORD Mind what you say. Involvement in an accident is very upsetting and people often say things they subsequently regret. To protect yourself: Don't discuss what happened, admit liability, apologise, or offer any payment at the scene unless you feel you might be prosecuted, and you are satisfied that to do so may be in your best interest. Give yourself time to recover from the event and think about what happened more rationally.
THE POLICE In any accident involving an injured person, the Police must be informed immediately. You may also ask them to report any other form of accident, no matter how minor it may seem. In fact, without an official record you may find it very difficult to get compensation from someone who says he will pay for damages and later denies responsibility.
You can also request a copy of the initial Police report prepared at the scene. This will contain details of the time, date and place of the accident, as well as details of the drivers and vehicles. The Police will not give you details of how the accident happened, however, nor do they mediate or make judgments, so don't expect them to say whose fault it is.
STATEMENTS Although the Police may ask you to give a written statement about what happened at the time of the accident, you do not have to make it then. You may be confused or in shock (and not even realise it), and could say things which may be used against you. Tell the officer, "I will speak to you later'' or "I prefer to say nothing.'' You must, however, give the Police your correct name, address and vehicle insurance details.
You do not have to have the Police write the statement. You can write it yourself. However, the Police are trained to take statements and know which details need to be included, but remember: any statement should be your own words. Once completed, read it very, very carefully, and make any necessary changes before signing it.
LEGAL ACTION Whether the Police decide to prosecute the offending driver or leave you to settle the matter between yourselves will depend on the circumstances and the evidence. If the Police decide to prosecute, they will give you a court date and time. It may take weeks or months to get to court; don't hesitate to contact the officer whose number you got at the scene of the accident if you haven't heard anything in a while.
INSURANCE POLICIES Do you know what type of insurance policy you have? Do you understand its contents? If not, take time now to read it through.
In a nutshell: comprehensive insurance covers damage to your vehicle and the other property; injuries to you, other people, and domestic animals.
Third party covers damage to other property and injuries to other people and domestic animals.
CLAIMING FOR DAMAGE OR INJURY After an accident, notify your insurance company as soon as possible, even if you are not sure you will claim.
If anything is damaged or anyone is injured, it is likely that compensation will have to be paid. That is why all licensed vehicles must carry third party insurance. If the amount is involved is relatively small and you don't want to lose your no-claims discount, you can pay the costs yourself. Check with your insurance company to see if it is worth claiming. Look at your policy to see what is says about deductibles (paying part of the cost yourself).
The "offender'' may choose to pay you out of his own pocket or through his insurance company. Either way, notify his insurance company about the accident since it is not unknown for promises to be broken.
Important note: Insurance companies must pay for claims against a vehicle insured by them, except when the insured vehicle has been stolen or unlawfully removed. Even if the insured vehicle is being driven by a disqualified, drunk, under-aged or unlicensed person, the insurance company is still responsible for paying the claim.
If you are injured by an uninsured or hit-and-run vehicle, you may claim against the Motor Insurers' Fund. Your insurer or lawyer will help you submit a claim.
WHEN MAKING A CLAIM Follow these simple rules: Before incurring any expenses, notify your or the other driver's insurance company.
Give the insurance company a copy of the initial Police accident report.
Get at least two estimates for the repair or replacement of damaged property.
Exercise your right to obtain an estimate, even though the insurance company may get one themselves. All repairs, replacements, compensation, etc. should be reasonable and acceptable to you.
Don't sign anything releasing anyone from their responsibilities until you are satisfied. Get a second opinion if necessary.
Get legal advice before making any commitments if the claim is complex or expensive.
Don't be impatient. Sometimes there are delays in settling claims. Contact your insurance company if you are not happy with the way things are being handled.
Scene of confusion: Unfortunately, accidents are a regular occurrence on Bermuda's roads. Knowing how to react in the immediate aftermath is important in safeguarding your rights.