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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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What do I do if I have been involved in car accident were it

Customer Question

What do I do if I have been involved in car accident were it looks like I am at fault.
It involves a motor bike and ride is in hospital ( how do I find out how he is doing?)
Submitted: 4 months ago.
Category: Law
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  F E Smith replied 4 months ago.

I am happy to speak on the phone about this which I can submit to you as a Premium service for which there is an extra cost.

I will do that now.

Alternatively, we can continue to exchange emails on here or do both.

Is your concern purely an emotional one about the well-being of the motorcyclist?

F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Will I need a solicitor to help me as I am dyisprasic so find forms very difficult to read an understand
Expert:  F E Smith replied 4 months ago.

We have now spoken at length.

I will confirm what I said.

Unlike an application for probate (which you are currently going through) with regard to this insurance claim, you need to be reactive and deal with documentation as it comes in, not proactive where you take the lead.

The outcome of this case and whether you are found to be at fault or not will depend on the witness evidence and what they say about the circumstances of the accident. You may not necessarily be at fault and even if you are at fault, may not necessarily be 100% to blame.

For example the motorcycle was speeding or you were a long way across the road (well-established on the road) you may only be found partly to blame or not at all. It’s a possibility.

You have already made notes regarding the accident, as best you remember it and also a plan. Keep those safe.

You have reported the accident to the insurer and if you have not already filled in the claim form, you will get one of those from the insurer which you need to complete to the best of your ability.

Depending on the witness evidence, which could take some weeks to gather, you may face prosecution for driving without due care and attention.

Because of the nature of the injuries, it is unlikely that any injury claim, (if you are found to be at fault) would be settled within 2 or 3 years or even longer.

The insurance claim will not be settled before the outcome of any criminal prosecution. If you are found guilty of driving without due care and attention, it will not show as a criminal record on a DBS check.

Regarding your concern over the welfare of the motorcyclist, direct all your enquiries through the police who will be taking witness statements from him.

You will doubtless get a letter of claim from a personal injury solicitor wanting to bring a claim on behalf of the rider. Simply acknowledge that and tell the solicitor that you have forwarded your insurer and give your insurer details. Your insurer will deal with all of that.

On your insurance policy you may have a policy excess which is a sum of money you have to pay in respect of the claim. Sometimes the excess is reduced to nil for which you pay an extra premium or sometimes, it can be £150, £250, or even higher because you can reduce premiums that way. You would need to look your policy terms and conditions to see whether you have an excess to pay.

Your car is damaged and if you are 3rd party only or 3rd party fire and theft, you have to pay for the damage yourself. Your insurance will pay for damage to other vehicles. If you are fully comprehensive, your insurance company will pay for the repair to your car or write it off depending on the age and value and the damage. You may have car hire cover that would give you a hire car pending the resolution of your own. If you do not, then you will have to make your own arrangements meanwhile.

Can I clarify anything else for you?

Customer: replied 4 months ago.
Thank you for the summary of our discussion. I've asked my sister to help me with my reply and she is typing this message for me - I'm dyslexic not 'dyisprasic' as I wrote above!I have a couple of other questions I meant to ask you. I was advised by the police that although I gave a statement immediately after the accident, I would be required to go into the appointed station and give a formal statement which would be recorded. Should I have a solicitor with me for that process - is it advisable or required? Or do I take someone else with me just for support? I'm just not sure what the normal procedure would be.Also since we spoke, I see that the Swindon Advertiser has run a short article on the accident and have put in an appeal for any witnesses. Is this just a normal request as part of the ongoing investigation? As far as I'm aware those people that were there, as in the other 2 cars which were at the junction at the time of accident, remained and the occupants were interviewed by the police at the scene. I understood that like me they would also be requested to attend a formal interview in due course.I'm not sure if it is relevant but following the accident, when the ambulance service arrived (before the air ambulance) I was not seen by anyone, although I note I did not incur any physical injury, I was very shaken. The police took the usual tests (all negative) but no one asked if I needed to be seen by the medics or even if I was OK. My friend who arrived shortly after, was able to give me a blanket as I was very cold and obviously still in shock. My sister was contacted but told she wouldn't need to come & collect me as the police gave me a lift home.
Expert:  F E Smith replied 4 months ago.

The interview that you are being asked to attend is an interview under caution and you are entitled to have a solicitor present. If you don’t have a solicitor, the police will let you have the duty solicitor. It’s always a good idea to have a solicitor present so that you do not self incriminate.

You don’t need to worry about the procedure, you just go along the appointed time until the police duty solicitor. If you tell the police before you go along, that you want duty solicitor, it can save some time waiting for the solicitor to arrive.

Appeals for witnesses are not at all uncommon. It doesn’t necessarily mean that they do not have any, it’s just that the witness statements they have may be conflicting or they may just want as many as possible. They very often want witness statements from as many angles as possible.

You are correct that the other drivers will probably be asked to give witness statements although they cannot be compelled to because their interview, if they agree to have it recorded, will not be under caution because there is no suspicion that they have committed an offence.

I’m not certain what you’re saying with regard to the final point about being cold and in shock.

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