Navigating the stressful aftermath of a car accident - especially one that wasn’t your fault - can become even more complicated when the other driver refuses to admit fault. While you likely want to move on from this episode as fast as possible, a driver refusing to admit fault will end up prolonging the process - so it’s important to understand your rights.
In the following article, we’re going to explain the key steps you need to take if a driver refuses to admit fault, what to expect from the process, and when to seek legal advice. Let’s dive in.
Assess the Situation
Stay Calm and Collected
First and foremost, it's essential to remain composed, irrespective of whatever emotional turbulence you might be experiencing. Engaging in a heated debate or confrontation with the other driver will only end up escalating the situation and is unlikely to lead to any constructive outcome. Take a moment to centre yourself, think clearly, and take the appropriate steps.
Exchange Contact and Insurance Details
In accordance with UK law, you should always exchange names, addresses, and insurance details with the other driver after an accident or a collision. Even if the other driver is not admitting fault, they’re still legally obliged to share this information; if they refuse, it's a red flag, and you should note the vehicle's registration number and report it to the police.
Collect Witness Information
When it comes to making a no fault insurance claim, witnesses can play an instrumental role in establishing liability; if there were bystanders or other drivers who witnessed the incident, request their contact details. They can provide an unbiased account of events, which can be invaluable if the matter escalates to an insurance dispute or court proceedings.
Report the Accident
Even if the damage appears minor, it's wise to report the accident to the police, particularly if the other driver is being uncooperative. The police can create an official report, which can end up being a crucial piece of evidence when determining liability. Additionally, if the other driver refuses to share their details, having police intervention can aid in obtaining that necessary information.
Document the Scene
Take Photos and Videos
It’s 2023, which means that most of us have a camera readily available via our mobile phones. Use this to your advantage by capturing images and videos of the accident scene; ensure you photograph the positioning of vehicles, any visible damage, road markings, traffic signals, and any other important details that could help an outsider understand how the accident occured - and most importantly, who was at fault.
Make Notes of the Accident
While the event is still fresh in your mind, jot down a detailed account of what transpired. This can include factors like the weather conditions, time of day, and your recollection of events leading up to, during, and after the accident.
Preserve Physical Evidence
If there are any physical items that can help support your case, like broken vehicle parts or torn clothing, keep them safe. This tangible evidence can offer more context to your account of events and strengthen your position if liability becomes a contentious issue.
Seek Medical Attention
After an accident - even if you feel fine - it's crucial to seek medical attention and get a professional examination. Some injuries, especially whiplash or concussions, may not manifest immediately, so getting checked both ensures your safety while also providing a medical record linking any injuries directly to the accident. This documentation can also be vital if you need to prove the extent and cause of your injuries later on in the claims process.
Dealing with Insurance Companies
Dealing with insurance companies can be a tricky affair, especially when the other driver is not admitting fault. Regardless of your communication with the other driver, remember to report the accident to your insurer promptly, even if you believe you weren’t at fault. While it's essential to be truthful, avoid admitting liability or making statements that could be interpreted as such. And if the other driver's insurance company contacts you, exercise caution; you have the right to consult your insurer or legal counsel before providing any statements.
When to Request Professional Help
In some cases, enlisting the help of a legal professional becomes a necessity, especially when the other driver is denying liability, or if their insurance company is challenging your account. Hiring a lawyer or a legal firm that specialises in car accident claims can offer a wealth of experience and resources in such instances; they can guide you through the process and ensure that your rights are protected, while also helping you get the compensation you deserve.
FAQs
Can I still make a claim if the other driver denies fault?
Yes, you can still make a claim even if the other driver denies fault. It's crucial, however, to gather as much evidence as possible to support your claim. This can include photographs of the accident scene, witness statements, and any available CCTV footage.
What to do if the other driver changes their story later on?
Similar to the answer above, you simply need to document everything right after the accident. This includes taking pictures, recording the other driver's initial statements (if they permit), noting down the details of any witnesses, and reporting the incident to the police. This will come in useful if the other driver changes their story, or if there are discrepancies in their account of the events.
