What you should not say is most important. The personal injury lawyers in London say that never admit that you were at-fault. Never take part in any discussion regarding the question of fault, if such a discussion happens to take place at the scene of the accident.
Take these actions
• Call the police
• Check for injuries
• Move the damaged vehicle, so that it is out of the way of traffic
• Take photographs of the accident scene
• Record facts about the damage; record any comments made by those involved
• Stay calm
• Seek a lawyer’s help
Do not take any of these actions, while still at location of same incident
• Do not discuss the details, regarding the tragic incident. Let others do the talking.
• Do not invite comments from someone that was a passenger in your vehicle.
• Do not sign any documents
• Do not make any statements; do not direct others, if they have been asked to give a statement.
• Do not pretend to be injured; do not exaggerate the extent of an existing injury.
• Do not make any promises
If it the collision caused only minor damage, do not suggest that you and the other driver should keep quiet about the same collision, and not report it to the insurance company.
Actions to avoid, after reaching your residence
Avoid the temptation to get online and share some news about the incident with those that visits a social media network.
As you recover from your injuries, avoid the temptation to go online, and to post pictures of the movements that you have managed to make, or the activities that you have managed to take part in.
Understand your rights
No one can prove that you were responsible for the accident, unless that particular accuser had gathered evidence that supported the existence of the essential elements of negligence.
—Proof that you had a duty of care towards the other driver: Maybe you were carrying out an assignment for your employer. Perhaps the other driver was distracted at the time of the incident, and did not respond to your gestures.
—Proof that you breached your duty of care: Maybe you had tried to avoid a collision, and had ended up colliding with a different vehicle.
—Proof that your actions caused the other driver to suffer an injury, along with damage to his/her vehicle. Maybe the other driver was not wearing a seat belt. In that case, he or she would be partly to blame for the reported injury.
—Proof that the amount of damage was substantial.
A potential claimant could not file a complaint with the court, if he/she could not prove the existence of all the essential elements of negligence. No accident victim can seek compensation without proof of negligence.