BF&M booklet offers crash course in how to handle accidents
Crash! You've just become involved in a road accident. Now what do you do? A thousand thoughts race through your rattled head: How did it happen? Is someone hurt? Who should I call first -- the insurance company, the Police, or an ambulance? What should I say? Is my licence valid? Who is driving the other vehicle? Are they insured? After an accident happens, it is important to remain as calm as possible because resolution of any subsequent 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 such an unfortunate situation.
But how do you get "prepared?'' Thanks to the generosity of local insurance company BF&M, a booklet containing all pertinent information has just been reprinted and is now available free of charge from the Consumer Affairs Bureau. BF&M customers can obtain their copies at the Company's Pitts Bay Road offices.
"We published the original booklet -- which is entitled Vehicle Accidents -- a Guide for all Road Users -- and it was available from ourselves, TCD and the Police, but when supplies ran out we were unable to reprint it due to budget constraints,'' Miss Sue Davis of the Consumer Affairs Bureau said.
In fact, it took a call from an insurance officer at BF&M to get the ball rolling again.
"Since BF&M were interested in distributing the booklet to their clients, we thought we would ask them to sponsor a second printing, and we are extremely grateful for their help in doing so,'' Miss Davis said.
The idea for the booklet came from then-Police Sergeant George Rushe who was concerned that people didn't know what to do when they were involved in an accident, or what their rights and responsibilities were.
Collaboration between Mr. Rushe, Miss Davis, the Police and the Attorney-General's chambers ultimately resulted in the vehicle accident guide.
The 16-page booklet takes the reader step by step through all the post-accident basics in a concise and easily understood manner. It will prove an invaluable "must'' in every glove or storage compartment of all motor vehicles.
The following are some of its 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.
If someone is injured: give first aid; call for an ambulance if necessary (911), call for the Police (911). When there is no phone nearby, flag any passing vehicle, especially a taxi, and ask them to call emergency services on your behalf.
If you are calling emergency services yourself, give precise instructions on the location of the accident in a clear, calm manner. Don't yell or garble your message. Make sure it is understood before you hang up. Remember, the accuracy of your instructions could mean the difference between life and death.
If the road is blocked, give ample warning to approaching traffic, or get someone to do it for you, and make sure access is kept clear for emergency vehicles.
Unless it is absolutely necessary, do not move anyone or anything. To do otherwise may cause further injury or damage -- and the loss of evidence.
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 insurance company of the other vehicle(s) involved in the accident; 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 a sketch map of the accident scene -- a simple drawing will do. If you can, gather such information as the position of the other vehicle(s) at the time of the accident; distances from road junctions, roadsides and other vehicles; the name of the road, any obstructions to view or access of traffic (e.g. hedges, parked cars), 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 of the accident unless you feel you might be prosecuted and 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 the Police to report any other 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. They will not give you details of how the accident happened, however. The Police do not 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'll speak to you later'' or "I prefer to say nothing.'' You must, however, give the Police your name, address and vehicle insurance details.
How to handle road accidents From Page 25 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: the 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 choose to prosecute, they will give you the 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 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 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 involved is relatively small and you don't want to use your no-claims discount, you can pay the costs yourself. Check with your insurance company to see if it's worth claiming. Look at your policy to see what it 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's 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-age 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 dissatisfied with the way things are being handled.
Finally, don't lend your vehicle to anyone unless their name is on your insurance policy. If the vehicle is in an accident, the insurance company may, after paying all claims, come after you. They can demand that you repay all the money they paid out on a claim.
Further information, including salient points of the Road Traffic Act 1947 and the Motor Car Insurance (Third Party Risks) Act 1943, are contained in Vehicle Accidents -- A guide for All Road Users. PHOTO MANY THANKS -- Minister of Community and Cultural Affairs, the Hon. Wayne Furbert (second from left) thanks BF&M president and chief executive officer Mr. Glen Titterton (left) for reprinting the vehicle accidents guide. Sharing the moment are Miss Sue Davis of the Consumer Affairs Bureau and Mr. Glen Gibbons, BF&M's business development manager.