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Ezine Ready

By: Trevor Dace

People often have trouble accepting that they could possibly be to blame for an accident. This is especially true of more mature drivers who have '40 years unblemished record' or those who have passed an advanced driving course. I recall an accident claim form which said ' this accident was not my fault - I am an advanced driver and he should not have stopped in front of me!' (This driver had just driven into a stationary car.)

The actual truth is that even the best of us can suffer a momentary lapse of concentration. And of course we've all met drivers with an aggressive or overly timid style of driving which is just asking for trouble on today's overcrowded highways.

When you send a claim form to your insurance company, tell them the complete truth! It is better to admit to your insurance company that it was your fault. They will not thank you if you bend the truth to try and make out it was not your fault as they might try and defend claims made against you, lose and ultimately increase their costs. They would much prefer that you told them clearly and simply what happened than invent a story that will probably make you feel happier but will set them on a protracted and costly dispute they can't win. For example ' I drove out of the side road without looking and was hit by the oncoming vehicle' is definitely preferred to ' I halted at the intersection and checked for oncoming traffic, nothing was coming so I pulled out when he hit me. He must have been driving well above the speed limit and it was all his fault'

By being honest, holding your hand up and telling the insurance company precisely what occurred, you provide them a much better chance of making the correct decisions about dealing with the third party section of your claim. If they are aware that that they are liable for the other drivers claim, they can start to take steps to limit and control the amount of money they have to pay to the other party.

You will probably receive lots of letters from the other drivers insurance company, his brokers, his solicitors or legal expense insurers, maybe his employers (if using a company car) etc. Simply send them all on to your insurance company, unanswered. They will look after this for you. Certain solicitors in particular can seem to be very intimidating and threatening with the style of letter they send out. They use phrases such as 'You must admit liability in writing within one week or we'll issue a summons against you' or 'you must disclose the name and address the name and address and policy number of your insurers or you will commit an offence against the Road Traffic Act and we will report you for a criminal offence' and so on. Just ignore such letters! Don't let them upset you. Let your insurance company deal with it. I have received many telephone calls from my clients and friends who have become extremely worried by this style of letter. There are some extremely aggressive solicitors around who have found a niche by taking on this type of work. Following the implementation of the Woolf Report in the spring of 1999, solicitors should now use a standard 'letter of claim' but it remains quite intimidating and I would urge the authorities to tone it down a little further.

You might also get a Summons through the post. There are two possible Summons you might receive (for those residing in Scotland, this bit applies to English Law but similar actions happen in Scotland

- A summons to answer a criminal prosecution e.g. careless or dangerous driving in the magistrates court (or Crown Court if the charge is extremely serious such as causing death by dangerous driving)

- A county court 'claim form' (or possibly a high court writ) seeking payment of 'damages' in a civil action.

In either case, send this immediately to your insurance company. They will read it to see what claims are made in the summons and decide what action to take. They might appoint (and pay for) a solicitor to defend you or if it is a civil action, they might just be willing to to pay up rather than go through the courts bearing in mind the possibility of substantial costs being awarded against them should they fail to win the case. If you feel the need to talk to your insurance company, then go ahead but do not let it stop you letting them have the Summons. That would be the worst thing you can do. There are strict time limits in which a response must be formulated.

Free Article Provided by: http://automobile-book.com

This article on filing an insurance claim where you were to blame for a road traffic accident was written by Terry Cod. He has several years of experience working as a claims adjuster with a number of UK insurance companies. His website www.instant-online-insurance.co.uk offers static caravan insurance with online quotes and secure online payment.

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